WILL THE ROYDEN HOA FINALLY OBEY THE LAW?
Dear Neighbors and blog readers, our message today is simply stated: ROYDEN HOA, OBEY THE LAW!!!!!
Recently, a Royden member asked, “What are you looking to achieve?”.
Besides confirming and affirming, that the Royden membership is apathetic and indifferent to the conduct of their quasi-government entity called the Royden Homeowners’ Association, it prompted this newsletter/blog…or “inane rantings” as Ben Pleune, Royden Treasurer, would call it.
What the member failed to understand, in our nearly 3 years of newsletters and associationbusters.com blog, is our Homeowner education and advocacy efforts directed at using the Royden scandal, cover-up and corruption experience, in spotlighting “HOW AN ELITE CHARLOTTE COMMUNITY BECAME A ROGUE HOA”. The member was a regular recipient of the newsletter, but yet never got the point!!!!
The Royden scandal, cover-up and corruption has been documented in exhaustive detail. Our blog, associationbusters.com has had thousands of visitors, to the extent that, now, the mere googling of the term “Royden HOA” brings you to our blog. In fact, even googling some of the Royden Board of Directors’ names , directs you to our site. Try IT!
Accordingly, the Royden HOA’s peccadilloes are permanently recorded and spotlighted for a broader public awareness. This public campaign will stop…When the Royden Board decides to…OBEY THE LAW!!!
Now back to the central issue.
ROYDEN HOA MUST OBEY THE LAW!!!!
To do this, the current Royden Board of Directors’, must, before May 1, 2017, incorporate an annual assessment fixing process, in accordance with Article IV-Covenant for Maintenance Assessments as outlined in the Royden HOAs’ subdivisions Phase III and Phase IV, covenants for the “CREATION OF LIEN AND PERSONAL RESPONSIBILITY”.(See Royden Website)/
NOTE:The newsletter and Blog writer was the Royden HOA Founding Vice President, served for over 7 years as VP, President and Treasurer. He was also instrumental in implementing the now,non-compliant, Ballot Based Voting procedure, incorrectly used in the fixing of annual assessments for the past 12 years!
Accordingly, if ROYDEN ELECTS TO FINALLY OBEY THE LAW, it will:
1)FIX ANNUAL ASSESSMENTS AND SPECIAL ASSESSMENTS ACCORDING TO ARTICLE IV-COVENANT FOR MAINTENANCE ASSESSMENTS for 2017-2018
2)ISSUE ANY MEMBER CREDIT TO THE 10% CONTINGENCY RESERVE EXCESS
3) SUBMIT A TOTALLY NEW SLATE OF 5 DIRECTORS, TO CLEAN THE SWAMP OF PRIOR COVENANT VIOLATORS
4) REFUND RINALDI OVER $6,300.00 IN SANCTION LEGAL FEES IMPROPERLY COLLECTED IN VIOLATION OF THE COVENANTS
5) ENGAGE A CPA TO AUDIT THE PAST RHA FINANCIAL STATEMENTS AND ISSUE AMENDED AND CORRECTED STATEMENTS FOR 2010-2017
6) PUBLISH THE CONSOLIDATED COVENANTS FROM 2004 FOR MEMBER APPROVAL
7) ADDRESS TRANSPARENCY ISSUES BY POSTING MEETING DATES AND MINUTES OF ALL MEETINGS.
8) ENGAGE NEW HOA ATTORNEYS TO EVALUATE PRIOR BOARDS’ BREACH OF FIDUCIARY DUTIES-CONSTRUCTIVE FRAUD CLAIMS
9) ALL AMENDMENT VOTING MUST BE BY PHASE, BOTH PAST AND FUTURE!!
As our prior newsletter outlined, the current Royden Board with Jon Nance, President and Ben Pleune, Treasurer, cannot answer this simple question!
UNDER WHAT COVENANT, OF THE ROYDEN COVENANTS, CONTROLS AND RESTRICTIONS, DOES THE ROYDEN BOARD FIX THE ANNUAL ASSESSMENTS?
Try sending an email to Nance with this simple question!!!!!! Let us know the Answer.
After three years of court battles and an estimated $30,000.00 in D&O Insurance legal fees, plus $6330.00 in Sanctions, the Royden Board refuses to answer the simple question, to OBEY THE LAW, with this answer…
ARTICLE IV-COVENANT FOR MAINTENANCE ASSESSMENTS!!!! THE ONLY CREATION OF LIEN AND PERSONAL OBLIGATION COVENANT APPLICABLE TO EACH OF THE THREE SUBDIVISIONS (PHASE I/11, PHASE III AND PHASE IV).
The Royden annual assessment fixing date of May 1, 2017 is quickly approaching. The current Royden Board must decide if it will follow the LAW…as outlined in the covenants, or perpetuate the cover-up and corruption outlined and spotlighted, for public consumption, in these newsletters and on the associationbusters.com blog….What do you think they will do?????
“our government may be able to lie to us, but we’ll be damned if we let our neighbors lie to us”
The Vexatious litigant,
P.S. Ms. Caroline Weiss decided to respond to all readers of our last email. In her reply she incorrectly noted that the Royden Board had given notice of the Annual Assessment in the member voting package. NOT TRUE!!!You might all recall, that Ms. Weiss was a leading actor in the original scandal and cover-up and main architect of the failed “covenant revisions” to a fine based common interest community (NC GS 47F) system. She had been referred to as the “landscape Queen” in this newsletter, due to her obsession for “Board powers to control lot appearences”!!!!! The Board she served on, recognized that they had not been properly fixing the annual assessments, to Article IV, so they decided to totally change the covenants, to cover-up the past improper Annual Assessments! Fortunately, even with her boards’ vote manipulation attempts, the revised amendments failed!!!
As to the Ballot issue, She obviously does not know, and did not know then, that the member annual package merely incorrectly outlines a VOTE on the annual assessment. We know, we developed the Ballot system before the Phase III, IV merger. What she did not know was that The Annual assessment must be invoiced, by USPS mail, not email ,,,It’s the LAW!!!!! Fortunately she has resigned from the Board.
UPDATE on Certificate of Payment Request: To date we received no 2017 Annual Assessment invoice and after three certified letters, have yet to receive the covenant required “CERTIFICATE OF PAYMENT” . It looks like another court action will be required to get the RHA to comply with the covenants and refund our $6,300!!!…..UNLESS THE ROYDEN BOARD DECIDES TO FOLLOW THE LAW!!!!!