ROYDEN ANNUAL ASSESSMENT VIOLATES THE LAW….AGAIN!
Continuing our homeowner education and advocacy efforts, we will now look at the chaotic efforts, of the Royden Homeowners’ Association, with their latest fiasco ,related to the 2017-2018 Annual Assessment.
So that we are all on the same page, attached is the Royden HOA’s Article IV-Covenant for Maintenance Assessments as found on the Royden HOAs’ website. This is the members most important covenant.
What should be a simple one page exercise for the fixing of the Royden Annual Assessment, , has devolved into a combination of obfuscating documents and emails. All because of the previously covered….Scandal-Cover-up…and Corruption between past Board members and Horrack Talley, the RHA attorneys.
Review Article IV and the several misleading documents you have received. None of which satisfies the foundational covenant, Article IV. We repeat, the documents are obfuscations to deceive….As in the past…..There are no Cash Flow statements that are reconciled to closing bank statements, the format of the reporting is totally new (a violation of NC Law), useless comparisons to budget, superfluous detail, miss-use of emails, voting for established and already fixed assessments etc, etc….Incompetence or deliberate obfuscation!!!! You decide!!!!!
HERE’S: WHAT THE SIMPLE FINANCIAL SUMMARY YOU DIDN’T SEE LOOKS LIKE:
MAY 31, 2016 FISCAL RESERVES: $20,714.30 (MISS-REPORTED)
2016-2017 CASH AND INTEREST- $43,930.83
2016-2017 EXPENSES – $32,275.53
2016-2017 PROFIT/(LOSS) $11,665.30
MAY 31, 2017 FISCAL RESERVES $32,379.60
So, how does what Article IV dictates the annual assessment should be, match up against what the Royden Board and Jon-Nance-President presented to homeowners on May, 13, 2017 and June 8, 2017
SECTION 1-Article IV imposes a “Creation of Lien and Personal Obligation” for Assessments” on your property…If not paid, the HOA can foreclose on your property.
SECTION 2-PURPOSE OF ANNUAL ASSESSMENTS-The Annual Assessments’ Sole purpose is to “MAINTAIN THE COMMON AMENITIES”….NO SOCIAL, NO LEGAL, NO MEMBER LAWSUITS!!!!
SECTION 2- ESTABLISHES A CONTINGENCY RESERVE……..”EQUAL TO” 10% OF THE ABOVE PURPOSED ANNUAL BUDGET!!!!!! IN ROYDENS CASE, THE 10% CONTINGENCY RESERVE IS AROUND $2,900.00…..NOTE:….THE BY-LAWS REFERENCE A “NO MORE THAN $10,000.00 FISCAL RESERVE”, A LEFT OVER FROM PHASE I/11 (AN AMENDMENT WHEN RINALDI WAS VP) THAT IS NO LONGER OPERATIVE…AS ALSO APPLIES TO THE POORLY EXECUTED ATTEMPT TO AMEND IT TO $20,000.00.(ALL VOTING FOR AMENDMENTS MUST BE BY PHASE AND 2/3 VOTE!!!)
WHAT DOES SECTION 1 AND 2 MEAN SO FAR FOR THE 2017-2018 ASSESSMENT?!!!!!!!
THE MAY 31, 2017 FISCAL RESERVE OF $32,379.60 IS GREATER THAN THE ALLOWED 10% CONTINGENCY RESERVE OF $2,900.00 BY $29,479.00!!!!!!!!
THEREFORE, A 2017-2018 CREDIT OF $213.62 ($29,479.00 DIVIDED BY 138 MEMBERS) IS OWED TO EACH MEMBER!!!!….FULL STOP…
SECTION 3. MAXIMUM ANNUAL ASSESSMENT: THE MAXIMUM ANNUAL ASSESSMENT IS ($210.00)……..WAIT…WHAT ABOUT THE $320.00 MOTION TO CHANGE 2 YEARS AGO!!!! INVALID!!!!! THE MOTION NEVER MENTIONED ARTICLE IV AND WAS NOT VOTED ON BY PHASE WITH A 2/3 MAJORITY!!!!!! AND NO SPECIAL MEETING WAS CALLED AS REQUIRED!!!!! FAKE NEWS!!!!
SECTION 4. SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS: NONE EVER SUBMITTED….EVER!!!! NOTE, THE BOARD IS INCLUDING CAPITAL CHANGES TO MAINTENANCE!!! WRONG!!! ALSO NOTE THE REQUIREMENT OG “EACH YEAR”…..That means any Special Assessment must be re-approved “each year”…..Owensby spent $190,000, as an un-approved special assessment and never got approval for the three years his Board was suing the easement holders!!!!! Two words, not followed, costing members loss of control of the front entrance re-design and many dollars wastefully spent funding the Horrack Talley Attorneys coffers.
SECTION 5: RATE THE SAME FOR ALL LOTS!!! Simple.
SECTION 6: NOTICE AND QUORUM FOR ANY ACTION AUTHORIZED UNDER SECTIONS 3 (MAXIMUM ANNUAL ASSESSMENT) AND 4 (SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENT)-The vehicle for change to the Annual Assessment Process has NEVER been used! NO MEETINGS EVER SCHEDULED ……THUS NO AMENDMENTS HAVE EVER BEEN MADE TO MAXIMUM ANNUAL ASSESSMENT OF ($210.00)
SECTION 7: DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS….THE ANNUAL ASSESSMENT PERIOD IS THE FISCAL YEAR, JUNE 1 TO MAY 31. NOTIFICATION THEREFORE, FOR ALL ASSESSMENTS, ANNUAL AND SPECIAL, IS COVENANTED TO BE BY MAY 1 OF EACH YEAR…..NOT JUNE 8!!!!!
“CERTIFICATE OF ASSESSMENTS STATUS”- THE ROYDEN HOA IS OBLIGATED TO CERTIFY THE STATUS OF THE ANNUAL ASSESSMENTS, IN WRITING, UPON REQUEST. THE ROYDEN HOA HAS FAILED TO PROVIDE THE CERTIFICATE OF ANNUAL ASSESSMENT STATUS, TO RINALDI FOR OVER 2 YEARS….WHY???? BECAUSE THEY ARE NOT FOLLOWING ARTICLE IV!!!!
SECTION 8: DAMAGE ASSESSMENT…..YOU BREAK IT, YOU FIX IT,,,,SIMPLE!
SECTION 9 EFFECT OF NONPAYMENT OF ASSESSMENTS, REMEDIES OF THE ASSOCIATION……PAY ATTENTION TO THIS ONE!!!!!! NOTE THE FORECLOSURE REMEDY!!!! RINALDI HAS ARGUED THAT ARTICLE IV WAS VIOLATED, IN COURT, FOR OVER THREE YEARS. HAS NOT PAID THE 2015-2016 ANNUAL ASSESSMENT BECAUSE IT IS IN DISPUTE…THE RHA WILL NOT PROVIDE AN INVOICE OR THE CERTIFICATE OF STATUS OF THE ANNUAL ASSESSMENTS, HAS NOT CHARGED ANY INTEREST AND HAS REFUSED AT LEAST 3 CERTIFIED LETTERS ON THE MATTER!!! WHY???????Because they know that they are violating the Laws of NC and no Board member is willing to Certify that an incorrect Annual Assessment Process is employed.
SECTION 10: SUBORDINATION OF THE LIEN TO MORTGAGES……STRAIGHT FORWARD…..
So here you have it! Royden has not followed the Article IV covenant for over 12 years……They have not provided actual Financial results including closing bank balance reconciliations for the past 5 years and have had massive cash shortfalls…Nothing has changed for 2017-2018……..Obfuscation, secrecy, no meeting minutes and…..filed a legal action against a member without informing the members!!!
During three years of legal actions, in court, Rinaldi was sanctioned for attempting to have the Royden HOA live up to Article IV-Covenant for Annual Assessments in multiple lawsuits, over the past 3 years…..CRICKETS!!!!!!!! Nothing ever mentioned in minutes or Annual Letters
Rinaldi paid $6,330.00 to the Royden HOA…Where is that transaction in the Treasurers report?????
Pleune, “a lawyer no less”…..conveniently decided not to include it in his commentary. COVER_UP!!!!!
And look who is still “APPOINTED” to the Royden board….(Voting for 3 open slots with only 3 candidates is a sham!!)…….. Dr, Charlton Owensby!!!!!!!!
Look at our associationbusters.com blog and the coverage of the $350,000.00 Easement Legal Fees fiasco back in 2009!!!! He and Horrack Talley, Roydens Attorneys, are the main characters in the Royden Scandal and the main targets of a “breach of fiduciary responsibility-constructive fraud” lawsuit…..If the Royden Members ever wake up!!!!!
So, take this email to the Annual Meeting at Carmel Baptist….or is it Carmel Presbyterian???? And tell the Royden Board that Counterpoint says …….
The Royden Annual Assessment, for 2017-2018, Per Article IV is:
OH, and watch out for the Royden board’s Covenant Consolidation!!!!!! it’s another Trojan horse, to avoid following Article IV!!!!!!!!
Visit associationbusters.com for more articles on Royden and “How an Elite Charlotte Neighborhood, became a rogue HOA”. The blog has been so successful, that googling Royden or any Board members names, will take you to our website. A permanent record, to spotlight the repeated violations of law, tolerated and supported by an apathetic and un-involved membership!
“our elected officials may be able to lie to us, but we’ll be damned if we let our neighbors lie to us”
The vexatious litigant!