ROYDEN HOA-LIES THROUGH SILENCE
Subject: Counterpoint Newsletter-Royden LIES, through SILENCE!!!!!!!!!???!!!!!
Date: Sat, Jan 27, 2018 9:05 am
We begin with a Quote,,,,,,,LYING IS DONE WITH WORDS………AND ALSO WITH SILENCE!…….Adrienne Rich
Dear neighbors, blog readers and facebook friends. As in the past, our various venues, this newsletter, the associationbusters.com blog and our soon to be introduced, facebook page, are all advocacy vehicles to inform and educate HOA members, homeowners and the general public, on various issues. Issues related to abuses, by well intentioned, volunteer HOA leaders, in the execution of their “legally proscribed: duties.Our spotlight, since inception, has been on the Royden HOA, in southeast Charlotte, NC. Leading the exposure, is the former two time President, Treasurer, secretary and Founding Board Vice President. Here’s his up to date report to begin 2018.
ROYDEN LIES…….AND IS………STILL CORRUPT!!!!!!!……Sorry!……Here’s Why!!!!!!
Current leaders, including Jon Nance, Ben Pleune and Matthew Petchel continue the prior Board’s long history of lying, through silence and constructive fraud-breach of fiduciary responsibility. Although they started off well intentioned, they find them caught up in a web deceit, fashioned in a prior time, but now effectuated with an incompetence level, not seen in prior years, since the Dr. Charlton Owensby days!!!! Just look at the Royden Website!!!!! If you can even get into it with a user name and password…I couldn’t!!!!! The Website speaks for ROYDEN!!!!! And what a debacle!!! Lying thru SILENCE!!!
Look at the Officers page?????? Not up to date…Still shows Ms Mary Margaret Gressette, the “Social Princess”…..long gone! Who’s President??? Is Owensby still maintaining the dilapidated Stucco Entrances he stuck the Community with when he and Ms. Mcnellis, then Treasurer, decided to collude with the attorneys and not report (lying thru silence) monthly legal fees for three years. Lying thru silence!Thus avoiding having to report the unapproved Special Assessment provision outlined in Article IV-Covenant for Maintenance Assessments. Owensby, McNellis and their Board spent nearly $200,000.00 over 3 years in a fiasco lawsuit against our neighbor easement holder???? AND LOST …….Paid Damages and lost all rights to change the stucco designed front entrance…Thus, the Community is .STUCK WITH STUCCO…and their deceitful injustice was never addressed by the Wollf and Wiese Boards, or this current Royden Board….Hopefully our efforts will redress these “crimes”.!!!!!.Who’s in charge and why is Owensby still there after over 10 years of deceit!!!!
How about the Website Documents page..More Lying thru SILENCE! Where is the .Financial Information!!!! Still missing 2012-2015, with the unreported Cash shortfalls of from $4,000.00 to $20,000.00 (can you say FRAUD?)2016 and 2017 Financials??????…No where to be found!!!!…..A violation of North Carolina Law!!! Ben Pleune continues to violate NC Law and refuses to properly report and reconcile the Royden Cash Flow Statements and simply reconciling ALL Cash and Cash Equivalents to the closing bank statements….Friends….IT”S NC LAW!!!!!! Without reconciled Cash Flow…Fraud will abound!!!!! HAS IT???
How about the Covenants and Controls….they are clearly there, on the Royden Website, for each of the Three separate HOA’s…yes…never consolidated. It is clear that Nance Pleune and Petchel have not read them (NPP), but did Ms. Angela Tsuei-Strauss read them!!!!!! She was appointed to the Board along with Owensby and Petchel in June…No Election!!! Appointments masquerading as VOTING!!! Give me a break!!!! Owensby, back again to make sure the NPP boys don’t dare follow the covenants and expose his past corruption! What is her role in this deceit!!!!
If any member, able to read, simply Checks out Article IV-Covenant for Maintenance Assessments in Phase III and IV—They will see that-The Annual Assessment Maximum is $210.00….The Royden HOA however has been Assessing $320.00 for over 10 years!!!!!……………Folks, that’s called constructive fraud!!!!! But there’s more.
How about the 10% contingency reserve provision of Article IV?????? Roughly $3,500.00….Where is the fiscal reserve $ value now??????? Who knows??…No financial information available… thanks to the incompetence of Ben Pleune (a lawyer no less). Last time we checked it was as high as $40,000.00 and as low as $20,000.00. WHY??????? The only Common area related budgetary item is a common area maintenance contract, with a negotiated fixed monthly fee. Easy for anyone to forecast…SO WHY SO MUCH IDLE CASH!!!!,,,
OH wait, Pleune will obfuscate the matter away from Article IV by bringing up the By-Laws……and the bylaws stating the fiscal reserve “was not to exceed $15,000.00″….I was on the board and at the annual meeting when the members insisted on affecting this amendment and the “no greater than” provision”….Last time we checked….the 10% contingency reserve states “must be equal to” and. Article IV IS the contingency fiscal reserve and is at $3,500.00 and …..will never depend on the bylaw language to be “no greater than $15,000.00″….OH…unless the Annual Common area spending budget is $150,000.00…….(10% of $150,000.00 is $15,000.00)
What about Amendments to the Covenants??????? There never has been any….in the last 10 years!!!!!!! NEVER!!!! Amendments are legal procedures. .Governed by NC Law.Amendments are not Not issues put to votes, like what Pleune tried to foist on the membership!!!!! More on this unspoken lie below!!!!
Let’s face it, the Board’s total and complete responsibility is…Article IV-.COMMON AREA MAINTENANCE!!!!! Nothing else…Make a copy of Article IV and throw every other page of the superfluous covenants away!!!!
What about the 2016-2017 $6365.00 Sanction lawsuit (illegal) against the former President?????…Not in the minutes and not in the Financials!!!!
Jon Nance stated…ie lied.WITH SILENCE..in his 2017-2018 letter…under Legal Activity….”We have no outstanding or in-process legal actions at this time”. That’s a bold face LIE!!! During the year Royden initiated a sanctions action against Rinaldi and forced Rinaldi to pay the Royden HOA’s legal fees amounting to $6,365.00…which was paid and received during 2016-2017 and should have been part of the financial reporting!!!! by Ben Pleune….a lawyer no less……..LIES, LIES…DAMNED LIES……That’s what defines the ROYDEN HOA.
What about the results of the” voting” last JUNE..Where was voting BY PHASE required???..Not there???? Did only the 3 appointed nominees win??? Were there write ins????? WHO IS STILL ON THE BOARD…besides NPP and O???? Where are the consolidated covenants from 2004????? OR……..The promised new ones?????? The final deception to be implemented to try to get the Royden Board extricated from their CORRUPTION…..ie…If you can’t follow the rules…..Just Change them!!!! Not if Counterpoint has anything to say about that!!!
Folks, here’s the bold truth……
NANCE, PLEUNE, PETCHEL and OWENSBY have been engaged in a massive cover-up by lying thru silence, since the three year legal action taken against Royden by the former President (FP). The FP sued Royden for repeated violations of Article IV-Covenant for Maintenance Assessments……..Over a three year period, costing Royden and their Director’s and Officer’s Liability Insurance Carrier an estimate $30,000.00 in legal fees. The Case never went to a jury. The D&O attorneys got the Claim Dismissed!!!!1 Yes…Dismissed!!! Royden didn’t even argue that they were meeting the covenants!!!…They argued…and WON….a dismissal claiming that the FP did not have standing and “failed to state a claim for which relief could be sought” Code 12(B)(6) NC Rules for Civil Procedure!!!!!…..A gambit concocted by the D&O attorneys to run up the legal bills for any plaintiff attempting to obtain justice against an HOA…This is a national problem and one of the reasons for associationbusters.com.
But there’s more, than the legal action that NPP did not report in 2016-2017. The Royden HOA, then turned around and sued the FP (Rinaldi) for the HOA’s legal fees, through a sanction legal action (also in violation of the covenants) claiming he was a “VEXATIOUS LITIGANT”….NICE HAH! Royden By-Laws, also put in place when Rinaldi was president, provides that the Royden Board must first present, any planned legal action, against a member, to the entire membership through a special meeting!!!!! Nance and the Board never followed this by-law provision, and had the D&O attorneys deviously file the sanction action so that, KC Brechnitz (clueless), then president, did not have to present a defense in a court of law!!!! Try to find that in the minutes on the website!!!!
So now NANCE, PLEUNE AND PETCHEL (NPP) must continue to protect OWENSBY and propagate the injustice he and treasurer McNellis perpetrated on the Royden Community back in 2006-2009.
Oh….and Why is it that they (NPP) never have amended Article IV-Covenant for Maintenance Assessments????? Check the website!!! No amendments!!!!
Because …..if they (NPP) tried to make annual assessment or fiscal reserve amendments to Article IV- they would have had to reference the Creation Of Permanent Lien language of Article IV of the Covenants.
The Article IV covenant is central to the HOA’s ability to collect annual assessments, and will have to be defended, in court, if a dispute ever arises where a member has a dispute with the RHA. Remember, in NC, if an HOA member fails to pay their annual assessment, the HOA can foreclose on their house….NO SH–.
If Pleune (a lawyer no less) and friends, tried to amend Article IV’s language…. such as the Annual Assessment Maximum-$210.00…or the 10% Contingency reserve language……….
THEY WOULD HAVE HAD TO FULLY EXPLAIN ARTICLE IV-COVENANT FOR MAINTENANCE ASSESSMENTS TO ALL MEMBERS IN THE FULLEST DETAIL….THIS LIE IS NOW THE FOUNDATION OF ALL THIS BOARD’S ACTIVITY….Rig the Board, limit communication, hold secret closed meetings, make sure Owensby is involved…and ON AND ON!!!!
BECAUSE THE ROYDEN BOARD HAS BEEN LYING FOR THESE MANY YEARS…. they would be revealing, to the membership, a covenant that has not been followed for over 13 years!!!!!!! For a covenant to be amended….it must be identified, stated in its’ current form. explained and the precise change in language clearly stated with the appropriate explanation.
HEAR THIS!!!! THE ROYDEN ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS HAS NEVER BEEN AMENDED….FULL STOP..See why Royden is CORRUPT!!!!
Accordingly, Nance, Pleune, Petchel…and now Tsuei-Strauss….have been, and are now, engaged in a cover-up, fundamentally to protect Owensby….Get the Picture!!!!! That’s why there are no minutes from Petchel, No financials from Pleune and rigged elections with three nominees and three open seats.With OWENSBY ALWAYS ON THE BOARD!!!! Remember his collusion with the attorneys and not reporting monthly legal fees for 3 years!!!!!! Just more collusion! Write that QUACK HOA Attorney Michael Hunter and ask him!!!! No way will they allow the founding President Peter Mihaltian or Rinaldi onto the Board. For the cover-up to continue, access to the truth must be limited…….TO THE CONSPIRATORS!!!!!!! AND THE ATTORNEYS!!!! Just imagine what a constructive fraud-breach of fiduciary duty lawsuit would do to the reputation of the attorneys representing Royden,,,,,,,,,,,,,See why ROYDEN IS CORRUPT…they are being run by the ATTORNEYS…..DRAIN THE SWAMP!!!!…OH…THAT’S SOMEBODY ELSES SLOGAN!!!!!
But wait…There is a new day coming….Sunlight is the great dis-infect ant!!!!!
With our Royden Counterpoint Newsletters(limited recipients of around 100 current and former members of the RHA), our associationbusters.com blog (with thousands of hits to date) we will be introducing an associationbusters.com FACEBOOK PAGE…Yes, now you will not only be able to Google the ROYDEN CONSPIRATORS names to see their perfidy, you can access a facebook page as well. Our hope is that future friends to our page will highlight other “rogue HOA;s” that we can spotlight and cause change to these un-democratic HOA’s perpetuating fraud on apathetic neighbors.
Simultaneously, we will be demanding a books and records review to obtain at least 7 years of financial information and Royden Minutes. Findings from thus review, will be incorporated with our prior files for a comprehensive NEW legal action against the Royden HOA.
For now…..Happy New Year….and wish us luck, as we seek to force the Royden Board to end their “constructive fraud-breach of fiduciary duty” and dutifully enforce the one remaining significant covenant controlling the ROYDEN HOA-Article IV-Covenant for maintenance Assessments……That is the only remaining control the Royden rigged Board can exercise on the 138 members!!!! The Owensby Orbs fiasco (see associationbusters,com) made sure that future Boards could never make improvements to the front entrances and continue to be STUCK WITH STUCCO….
“all that is necessary for evil to triumph, is that good men do nothing”
The Vexatious Litigant
Another Quote…”I’m not upset that you lied to me, I am upset that from now on, I can’t believe you”