Royden is an active Crime Scene, created by the Cabal
ROYDEN’S IS AN ACTIVE CRIME SCENE, CREATED BY THE CABAL
Dear neighbors, if you have been paying attention, to my Newsletters and emails, you cannot come to any other conclusion but that: ROYDEN’S IS AN ACTIVE CRIME SCENE, CREATED BY THE CABAL.
Here is a long but comprehensive summary of the Issues facing Royden Homeowners :
- The CRIME: The Royden HOA (RHA), with the aid of Horack Talley (HT), their attorney, has violated NC Laws and the Royden By-Laws and Covenants, and not used Article IV-Covenant for Maintenance Assessments, in the fixing of the annual assessments, since 2004. THAT’S THE CRIME! …THAT MAKES ROYDEN A CRIME SCENE…..FULLSTOP. The covenant revision is yet another crime attempt.
- ACTIVE CRIME SCENE: Rich Rinaldi has been taking the RHA BOD to court since 2004 and has a current and on-going dispute with the RHA BOD and Horack Talley (HT)……Please see the intimidating letter (Attachment 1) from Horack Talley’s litigator, Keith Nichols as recent as 2/7/19. A dispute hidden from the membership with no member awareness..
- THE CABAL: The RHA BOD and HT, (the CABAL) claim that they won the previous 2 Rinaldi lawsuits….That claim is false!….They simply used a pre-trial legal maneuver, common against pro’ se (no lawyer, just me) plaintiffs, (See attachment 2) called the Federal Rule of Civil Procedure (FRCP) 12(b)(6), (“failure to state a claim for which relief can be granted”). The RHA has simply labeled me “the vexatious litigant”. A title I proudly hold. Over an estimated $30,000.00 in D&O Liability Lawyer fees were expended in fighting my claim”FAILURE TO FIX ANNUAL ASSESSMENTS USING COVENAT ARTICLE IV-COVENANT FOR MAINTENANCE ASSESSMENTS!
- NO MEMBER MEETING on PENDING LITIGATION OR SANCTION. Another CRIME!-After I filed a better constructed complaint (it was not), at the second trial, the RHA and HT filed a sanctions action (a violation of the by-laws, Article VI, Powers and Duties of the Board of Directors….Section 1, Powers(c) …(See Attachment 3) ….” Prior to initiating legal action against a member, the Board must hold a meeting to discuss the pending litigation”. The RHA Secretary never called for the meeting nor did he issue any minutes on the matter.
- THE TROJAN HORSE- To create a situation that stops the RHA BOD from continuing THE CRIME, ie violating Article IV, the CABAL have to implement a new regime of covenants. If the CABAL simply consolidate and remain with the current Article IV covenants, they would be admitting that they have been violating them…for years! And Rinaldi was right! An admission they refuse to make, as can be seen by the illegal amendments they have put forward, never referencing the controlling Article IV covenant. As stated in previous email, the Ballot voting with Phase II and IV, required to sign the new covenant, is proof positive that Article IV has been the Creation of Lien Covenant for ALL of Royden for years. Just like the Greeks, the CABAL is expecting the LAMMTS group, to blindly comply, as they have in the past, and the POWER grab will be complete…Homeowners now have ALL the Power….the CABAL will then have ALL the Power……..”not if I can help it”
- LEMMINGS AND THE MMTS (MORE MONEY THAN SENSE GROUP)…Let’s call them the LAMMTS group. These members of the CABAL are the most powerful members.….Their apathy, indifference and blind following of their “volunteer neighbors” allow situations such as the divisive and disastrous Royden Easement Color Change lawsuit costing Royden Homeowners over $300,000.00 in unapproved legal fees. The easement lawsuit was foisted on the Royden community between 2004-2008, by a current member of the RHA. He is still serving on the current board after nearly 13 years, falsified financial reports and never reported the monthly legal fees, incurred, during the 4 year legal battle…..The LAMMTS group paid the $1,400.00 special assessment and turned a blind eye to the fact that the RHA had LOST the easement lawsuit, had caused the easement neighbor to incur over $90,000.00 in legal fees to protect their property rights ….AND…..The RHA lost all ability to make any changes to the easement property…..(Note the ORB less Pillar)…AND HE STILL IS ON THE CURRENT BOARD…After using an illegal, deceptive Board vote to defeat the Founding President….using proxies!!!!!….THE IRONY…HE’S IN CHARGE OF COMMON AREA MAINTENANCE…..I believe forgiveness is a virtue…..but really….13 years of “disservice”.
- .The LAMMTS group has been getting the COUNTERPOINTnewsletters for at least 6 years…….Violation after Violation has been chronicled in my newsletters….What do we get from the LAMMTS group…….CRICKETS!!!!!….What outrage with the sanctions action and my having to pay their legal bills of $6,330.00…CRICKETS. .Which brings us to today…This Planned Community B___S__T was defeated 6 years ago!!!!! Why is it up for a vote again???…..Why not admit their mistake and start using Article IV??????? NO……Rinaldi has a lawsuit pending!!! He may win and constructive fraud will be confirmed!!!!…..but wait….”NO ONE LISTENS TO HIM” (as one board member told the court)…The CABAL is so emboldened and confident that the LAMMTS group will just blindly submit their proxies, and Article IV will be gone, and they can now get the PLANNED COMMUNITY Powers they crave!….Sorry folks if the truth hurts! The LAMMTS group is a reality, in Royden and throughout the nation. Homeowners have no rights in NC courts….The CAI, Community Association Institute controls all HOA’s..Just try getting a lawyer…you can’t, there are none…The CAI is that powerful….(SC recently changed their HOA Laws.. Move there if the PLANNED COMMUNITY Covenants are adopted, AS ONE MEMBER SUGGESTED!!!!
- CLOSED SOCIETY– To this date, the RHA won’t let me have access to the Books and Records to review what was discussed at Board meetings, concerning my lawsuit. The $6,330 Sanctions penalty, I was forced to pay, violated the by-laws and is an open subject of dispute. The membership was never informed of my legal action at the required member meeting, much less, approved the sanction penalty!!!! To this date, members are not aware of the current pending lawsuit or the significant facts attendant to the prior lawsuits
- CONSTRUCTIVE FRAUD–BREACH OF FIDUCIARY DUTY-A CRIME-(See Attachment 4)-The RHA and HT have a “relationship of trust”, with the homeowner, which entails certain duties that homeowners are reliant upon them, to execute in an effective manner. Namely, the compliance that all RHA BOD actions, meet the RHA By-Laws and Covenants…particularly in the fixing of Annual Assessment (Article IV)..The RHA, in concert with HT lawyers, have not performed their duties, required and expected by their relationship of trust with the Royden homeowners, ie another CRIME: CONSTRUCTIVE FRAUD-BREACH OF FIDUCIARY DUTY.
- DIRECTOR ELECTIONS/FINANCIALS RIGGED-For years, the RHA was a closed society……Board nominees were either returning Board members or hand picked nominees with selections that had the number of nominees equal to the number of open board seats….can you say RIGGED!!!…Board meetings were never announced to the members beforehand, minutes never were published on the website, colorful, complicated financial statements had meaningless comparisons, faulty accounting and never conformed to prior years that had bank statement reconciliation and balancing.
- MISUSE OF PROXY VOTING…I have a strong belief that certain Board members have accumulated friends that are so supportive, that they have predetermined to provide any board member with their Proxy…Remember what a proxy is designed for…..If a member cannot attend an Annual or General Meeting, AND…it is anticipated that a motion for a vote on a matter will be put forward, a quorum is required. The proxy then determines if there is a quorum…The Board always seems to have a quorum even when there are less than 10 members present, A proper proxy is employed If a motion for a vote is presented to the floor, the proxy allows the holder to vote for the member, on the floor motion (Roberts Rules of Order). So, a proxy is used to establish a quorum and to vote on new motions. Prior motions, such as fixing of the Annual Assessment, are voted on by USPS with an established vote closing date With the Board friends pre-wired with proxies, the RHA can establish a quorum and approve motions made at the meeting.
- ARRINGTON BOTCHED VOTING PLAN-Let’s look at the deceitful Arrington voting plan for the disastrous Revised By-Laws and NC GS 47F-Planned Community Covenants. There is, correctly applied, Phase voting with Phase III and IV required to sign the actual Revised Documents….Finally an admission of guilt of the critical ACTIVE CRIME- that Article IV is the controlling Creation of Lien Covenant since 2004…..However, no voting closing date is announced for mail in voting……Instead he has implied some yet to be announced “Annual Meeting” date will “require” non attending members to use a proxy!!!! An???? Mail in the signed III and IV new covenants???? What a mess…..
- An Annual meeting has certain requirements per the By-Laws….Voting for Revised Documents is not done at an Annual meeting but at a General Meeting. The Arrington instruction is a total mis-application of the proxy system…….There is no uncertainty of the topic of the vote, as when a motion may be submitted at an Annual or General Meeting. The deceit is surreptitious…….By not announcing a voting closing date, for mail in votes, a member can only vote by attending a meeting or……. the only other alternative is to give a proxy. Annual Meeting attendance has seen very few actual member attendance. The CABAL and RHA Board is hoping that the proxy is tendered to them……THE CABAL IS WORKING CREATIVELY, USING PROXY ONLY VOTING, TO CIRCUMVENT ARTICLE IV BY KILLING IT AND PUTTING IN PLACE THE LEGAL FEE GENERATING PLANNED COMMUNITY REGIMEN!!
Hopefully, what can be a very confusing and complicated subject matter, can come in closer focus with this simple summary. Again, here is what you may consider doing…….
- Stop the Revision
- by demanding Article IV be used in a redo of the 2018-2019 Annual …
- .which stops any unapproved special assessment legal fees and
- gets you your Annual Assessment Credit.
- Demand the 2019-2020 Annual Assessment be based on Article IV, using the 2018-2019 credit to offset any shortfall to the $210.00 Maximum annual assessment
- And present a consolidated Covenant proposal via a simple phase vote
- And demand the June 2019 annual meeting be scheduled
- With a slate of 4 new board nomineesAnd a financial audit
- OR…Demand a
properly noticed General Meeting to discuss three basic issues:
- WHAT’S WRONG WITH THE EXISTING COVENANTS,
- WHY HAVE THEY NOT BEEN CONSOLIDATED AND
- WHY SHOULD WE CONSIDER AN ENTIRELY NEW COMMUNITY STRUCTURE AFTER 30 YEARS!
- HOWEVER, UNDER NO CIRCUMSTANCES SHOULD YOU VOTE IN FAVOR OF THE REVISIONS….OR….TENDER YOUR PROXY TO A BOARD MEMBER!!!!! ONLY USE A VOTING REGIMEN THAT HAS A DEFINED CLOSING DATE WITH A USPS BALLOT!!!!
The Vexatious litigant, proudly, Rich Rinaldi
NOTE: The RHA has been copied on ALL of my Emails!!!! And they have yet to answer any of my accusations…I assume you can consider them FACTS!!! Since no rebuttal has been made.
See all of my member emails on my blog…associationbusters.com