ROYDEN HOA-NO BOARD MEETING MINUTES=COVER-UP=CORRUPTION
Dear Neighbors and blog visitors, our homeowner education and advocacy efforts will now deal with the matter of HOA MINUTES!!!!!
ROYDEN HOA-NO BOARD MEETING MINUTES=COVER-UP=MORE CORRUPTION!!! HERE’S WHY!
Jon Nance-Royden HOA President and Matthew Petchell-Secretary, as officers of a Non-Profit Corporation,
under NC GS55A, are legally bound to conduct the affairs of the Corporation in an open and transparent manner.
In this regard, both Mr. Nance and Mr. Petchell have failed their simple and clear responsibility!!!!!
CHECK OUT THE ROYDEN HOA WEBSITE!!!!!!
NOT A SINGLE MEETING WAS HELD …….NOR MINUTES TAKEN in the 2017-2018 Fiscal Year!!!:
At least none were posted!!!!!!!
FOLKS!!! THIS LACK OF TRANSPARENCY CAN BE CALLED ….A COVERUP AND LYING!!!!!!
Robert’s Rules of Order procedures are a requirement of all Royden Meetings. Here’s how it works….or!..How it is supposed to work?
The President acts as the Chairman of the Board, and at each meeting, presents an Agenda!!!
The agenda opens with an establishment of a quorum, approval of the minutes of the last meeting, then various officer reports…ie
Financial, Grounds, Architectural Review, Legal proceedings,
any New Business,,and a date for the next meeting!…That Simple.
The Secretary, in the Royden case, Mr. Matthew Petchell, is required to record any comments or motions on the agenda items,
collects any handouts, records votes and generally makes sure that the Board follows the By-Laws and CCR’s!!!!!
Simple RIGHT!!!!!! Not for Petchell!!!
NOT FOR THIS ROYDEN BOARD!!!!…AND FOR THAT MATTER….ANY OF THE PAST ROYDEN BOARDS!
NANCE AND PETSCHELL HAVE FAILED IN THEIR BASIC RESPONSIBILITY FOR 2016-2017!!!!!
ABSOLUTELY NO MINUTES HAVE BEEN PRESENTED….NOT EVEN THE HINT THAT A MEETING WAS HELD!!!!
-BECAUSE THE ROYDEN BOARD IS…AND HAS BEEN…INVOLVED IN A MASSIVE COVER-UP, HAS BECOME CORRUPT AND OPERATING AS A BIG LIE FOR YEARS!!!!!
For many years, the Royden Board has elected, only prior Board members in sham, three nominees, three open seat, type elections!!!! These are appointments! NOT ELECTIONS!!!
Some Board members, such as Owensby and Gressette have been on the Board for over 10 years!!!!…….WHY!!!!
The Royden Board has misused the proxies system, engaged lawyers, without approval,
looked the other way with Cash Shortfalls, presented false and misleading…and even NOT bothered to issue ANY financial reports.
Just look at past Newsletters and associationbusters.com blog postings for the sordid details.
However, the string of lying is about to run out!!! The story is hidden in the missing MNUTES!!!!!!
HERE’S WHY NO MINUTES ARE POSTED FOR 2016-2017 -THIS IS WHAT THEY DON’T WANT MEMBERS TO KNOW!!!
Specifically, for 2016-2017. this Royden Board engaged Director and Officer Liability Insurance Lawyers,
who had been initially engaged for over three years ago to fight Rinaldi in Mecklenburg District Court.
The Central Claim was that Royden was violating Article IV-Covenant for Maintenance Assessments.
The Board voted to take a sanction action against Rinaldi, in court, without member notification.
Board members had numerous meeting with lawyers, prepared false affidavits, appeared in court…
and made numerous decisions on the conduct of a legal dispute involving the improper fixing of the Annual Assessment Process!
The Royden Board had used a phased out, remnant ballot voting system, created by Rinaldi, before the 1994 Merger of Phases III and IV.
This is when Article IV-Covenant for Maintenance Assessments became LAW for the Royden HOA!
Any Board meetings that were held, were not open to members, and had to include minutes on each
of the Legal topics that had to be reviewed with their lawyer, Keith Nichols, of Horrack, Talley, Pharr and Lowndes et al….
The Royden Board has colluded with these Lawyers for years, violating Article IV to illegally extract hundreds of thousands of dollars from apathetic and trusting members.
And what about the covenant consolidation work that K.C. Brechnitz was to reveal to the members last JUNE, 2016??????? How does that fit in????
They can’t Consolidate the covenants. Namely because they are already consolidated but….More importantly….
The Board would have to finally reveal to Royden members the Rinaldi Lawsuit central issue ……..
Member voting by ballot is not the appropriate Annual Assessment methodology…. ARTICLE IV-COVENANT FOR MAINTENANCE ASSESSMENTS, is the proscribed Covenant!
The Royden Board cannot confess that………RINALDI WAS RIGHT!!!!
Take note of what is going on in this years Annual Assessment Process…The string on the LYING has run out!!!!! The corruption is about to end!!!!!!
Here we are at the end of the first week in June 2017, and there are only three Royden Board Members, when there should be 7…
These are: Jon Nance, Ben Pleune and Bob Fitzhugh…a quorum for a Board meeting is 4???????
NO QUORUM, NO BOARD NOMINATIONS, NO BALLOT VOTING, NO 10% CONTINGENCY RESERVE CREDIT, NO ANNUAL MEETING DATE, NO OPERATING BUDGET, NO YEAR END FINANCIAL INFORMATION, NO COVENANT CONSOLIDATION, NO ARCHITECTURAL REVIEW COMMITTEE, NO MINUTES AND…….NO CREDIBILITY!!!!!!
NO MINUTES BREEDS COLLUSION!!!!!In 2006-2009, Dr. Charlton Owensby did the same trick…No minutes were ever published, for over three straight years, NO MINUTES…showing that Lawyers were spending an average of $5,000.00 per month on legal fees fighting our neighbor and front easement holders. Legal bills were intentionally suppressed, annual financial statements were deliberately misstated, laws were violated….A cover-up in it’s simplest form…After three years, Owensby presented the members a Legal BIll of over $190,000.00. Falsely claiming it was a SPECIAL ASSESSMENT….which had never been approved….we all know how that turned out…….NO FRONT ENTRANCE REDESIGN IS OUR FATE!!!!!
ARTICLE IV-COVENANT FOR MAINTENANCE ASSESSMENTS IS CLEAR!!! SPECIAL ASSESSMENTS MUST BE APPROVED IN ADVANCE..BY PHASE…EACH YEAR…NO OPEN ENDED LEGAL FEE BONANZA FOR HORRACK TALLEY!!!!!
By now, after all of our homeowner education and advocacy efforts, it should be overwhelmingly clear, that volunteer boards, must be open and transparent, must abide by the law and live up to the solemn trust that homeowners grant them, when they elect them to the Board of Directors.
It is high time that the current Board, albeit, only three gentlemen, openly admit to past mistakes….and get Royden back onto a solid footing…obeying the law, and openly conducting the Purpose of the association, outlined in the Covenants, Controls and Restrictions……ARTICLE IV-COVENANT FOR MAINTENANCE ASSESSMENTS!!!!!!! THIS IS THE HOA’S OVERARCHING LEGAL OBLIGATION…AND IT MUST BE ENFORCED!!!!!
With the Royden Board. implementing a Annual Assessment fixing action for 2017-2018, without the historical ballot voting process, they are in fact, acknowledging Article IV-Covenant for Maintenance Assessments. However, they are disregarding several sections, particularly the 10% Contingency Reserve Section…This is a “must be equal to” covenant, not the “no more than” maximum covenant they in artfully tried to amend to $20,000.00 last year. Consequently the Annual Assessment will again not meet Article IV.
A “breach of fiduciary duty-constructive fraud” claim remains an obvious recourse for Royden members.
A potential claim for recovery of over $350,000.00 from the D&O Liability carrier….AND Horrack Talley remains a viable option to upgrade our front entrances and repay the easement holders for their loss.
We encourage all Royden Members to take a stand…Otherwise the Cover-Up and Corruption will continue!!!!
“our elected officials may be able to lie to us, but we’ll be damned if we will let our neighbors lie to us”
The Vexatious Litigant