Royden Board Fails to Confirm 2017 Annual Assessment compliant to Article IV Covenant
Dear readers and neighbors, we continue our education and advocacy efforts, on behalf of individual homeowners, through our Counterpoint Newsletter and associationbusters.com blog, with this update on the Royden scandal, cover-up and corruption, taking place within the Royden HOA by its’ Board of Directors.
The most recent confirmation of the breach of fiduciary duty-constructive fraud nature, of the current boards administration of the legally constructed and implemented covenants, controls and restrictions, is revealed in the following response to the writers’ request of a “Certificate of Payment of Annual Assessments” as required under Roydens’ Article IV-Covenant for Maintenance Assessments, displayed on the HOA’s website.
Let’s first lay out the players in this continuing saga.
The Royden Board consists of a President, Jon Nance, Treasurer, Ben Pleune and Grounds,Dr. Charlton Owensby, Social,Ms. Mary Margaret Gressette, Secretary Matthew Petchell and Bob Fitzhugh. The 7 person board has been short one member for most of the year and resists adding Mr. Peter Mihaltian, the Hoa’s founding President to the open position as was precedent.
The activist/vexatious litigant is Richard Rinaldi, and writer of this newsletter and associationbusters.com
The Background, from a legal action standpoint, is a three year battle in and out of court costing the associations’ D&O Attorneys’ an estimated $30,000.00 and Rinaldi over $6,300.00 in Sanctions by the HOA.
The central dispute was and continues to be a basic breach of contract claim.
Namely, The Royden HOA has not fixed Annual Assessments in accordance to Article IV-Covenant for Maintenance Assessments-Section 1-7, to date and for the past 10 years.
Relief was a claim for annual assessments refunds for the Fixed Annual Assessments made by the HOA in excess of the Article IV Covenant, applicable to several of the multiple subdivisions under the HOA.
Now for the current situation. In the 2016-2017 Annual assessment, from the Royden Board, only a ballot vote and assessment email was used…and Article IV..WAS NOT USED!!!!
Rinaldi did not receive an assessment invoice by mail and obviously did not pay an assessment……..He decided to inquire as to the status of the assessment invoice and asked the Royden Treasurer, Ben Pleune…….AND their Attorney, on March 2, 2017, (and in over 5 letters (4 certified letters returned to sender unopened by the RHA)) the following questions??????
As you will soon see….The Royden HOA…Did not answer the questions!!!! Here are the questions!!!
• Why had Rinaldi, as of March 2, 2017, NOT received a written invoice for the 2016-2017 Annual Assessment (Rinaldi has previously informed the RHA that he would not accept email correspondence)?
• Rinaldi further stated that he was ready to pay any Annual Assessment(s) due and requested that the RHA provide a Certificate of Payment of Assessments, as provided in Article IV-Section 7? outlining the status of his payments…or non-payments of annual assessments and any amounts due?….
• Rinaldi also asked that within the required Certificate of Payment of Assessment document, the Board state and confirm that Article IV-Covenant for Maintenance Assessments was used in fixing the 2016-2017 annual assessment?
• and…That a 10% contingency Reserve Credit was incorporated in the 2016-2017 Annual Assessment?
• In Simple terms…..I didn’t get an Invoice….How much do I owe you?….How was the assessment calculated, using Article IV?…and was I given an excess Fiscal Reserve credit????>
SOOOOOOOOO-What was the Royden Treasurer’s (Ben Pleune) response to what should have been a simple and straight forward question??????
Rinaldi RECEIVED, THE FOLLOWING UNDATED LETTER WITH A POST MARK OF MARCH 20, 2017 shown below!!!!
Dear Mr. Rinaldi,
This confirms that the Royden Home Owner’s Association has not received annual dues for your property for the 2016-2017 fiscal year. Please remit payment without further delay.
Royden Board of Directors
So what does this correspondence say????? Or better yet, what does it not say?….and Why?
• The Royden Board did not want the date of the letter to be known. Note…All late assessments have a late fee penalty!…None was indicated???
• The Royden Board did note state the amount of the annual assessment for 2016-2017 or any previous year???? Why?
• The Royden Treasurer, Ben Pleune, is responsible for collection of the annual assessments. Why did he not sign the letter??? or The President John Nance???? Could it be that the communication of fraudulent information is a crime???? and they are avoiding complicity in the crime??????
• Confirmation of the specific authority under which an assessment can be made (Creation of Lien Covenant) was not provided as requested???? Obviously, not providing an answer to this basic and simple query, would indicate…..Incompetence,,….OR…..Duplicity!!!!!!!!!….OR BOTH!!!!!!
Thus the title of our Newsletter can be proven as correct!!!!
Royden Board Fails to Confirm 2017 Annual Assessment compliant to Article IV Covenant-No one signed the notice, the amount was not indicated, the covenant was not referenced, the date was not provided….WHY????? Incompetence or Duplicity!!! NO….BOTH!!!!!! SAYS COUNTERPOINT!!!
Remember Ben Pleune’s email characterizing this letter as “inane rantings”. Look in the mirror BEN!!!!! “A lawyer no less”.
Please see the same article in our associationbusters.com blog and forthcoming articles on “How an elite Charlotte community became a rogue HOA” in the same blog. A blog whose impact is so significant that the mere GOOGLING of the name Royden or Royden HOA leads the visitors to our site.
In conclusion, if you have been paying attention to our newsletters, the current board is being led by the D&O Liability Insurance attorneys. They cannot admit to the membership that Rinaldi was…and is…correct in the reading of the Royden HOA CCR’s. Specifically that, Article IV-Covenant for Maintenance Assessments, as found on the website, for subdivisions III and IV, is the sole determinant of the “Creation of Lien and Personal Obligation” covenant for Royden. As such, it is the only basis upon which this Board can collect an Annual Assessment!
This Board has not followed the Article IV Covenant, improperly filed a Sanctions action for $6,300.00 against Rinaldi for challenging their breach of fiduciary duties and violations to Article IV…..AND…Until a new Board is elected (4 members fall off this year) will continue to violate the Article IV covenant and the Laws of NC. The scandal, cover-up and corruption continues!!!!! Until the Members Step up!!!! But…..Will they? Will the APATHY end with the next nominations for a NEW BOARD!…Will the toxic impact of Owensby, Gressette, Pleune and Nance end???? Will they join Ms. Weiss on the sidelines?????? We truly hope so. Only then will the title…Rogue HOA…be wiped clean from the annals of Royden HOA history. The Board’s unwillingness to settle the Rinaldi lawsuit continues and the blogs impact will continue to inform anyone who googles the very word ROYDEN!!!!!!! ….TRY IT……………………………………………………………..ben
“we may have to accept our government lying to us, but we’ll be damned if we will let our neighbors lie to us”
The vexatious litigant