The Royden Chronicles
Our Spotlight Royden continues to explore the hostile takeover of an otherwise outstanding neighborhood. The attorney driven takeover is occasioned by over ten years of violations to clear and unambiguous covenants and constructive fraud-breach of fiduciary responsibility exposure with over $350,000.00 of damages in the balance. The takeover forces all forward board members to continue lying to their members on all matters related to a CREATION OF LIEN AND PERSONAL OBLIGATION covenant. The Royden model will be explored since the current situation is a microcosm of everything that can go wrong in a rogue HOA in North Carolina and the country in general. The severity and magnitude of the violations, screams for major legislative relief to end the tyranny of fee hungry attorneys and the CAI (Community Associations Institute). While the Homeowner has no access to venues for relief of monetary and discriminatory claims against their HOA, the abusive attorneys will “use the funds of the many to crush the rights of the few”!!!!
The following is a list of topics that future posts will cover for the understanding of the TYRANNY OF THE HOAS’.
DEVELOPER BY-LAWS AND COVENANT ISSUES
UNTRAINED BOARD MEMBES
SELF-SERVING-MANIPULATIVE BOARD MEMBERS
FRAUDULENT ANNUAL ASSESSMENT PROCESSES
SPECIAL ASSESSMENT ABUSES
NC GS 55A AND NC GS 47F IMPLICATIONS
COMMON AREA MAINTENANCE ONLY HOAS’
ACCESS TO BOOKS AND RECORDS
ACCESS TO ANNUAL FINANCIAL STATEMENTS TO GAAP
RESTRICTIVR BOARD PARTICIPATION/NOMINATIONS
FISCAL RESERVE MANIPULATION
DESCRIMINATION IN RULES ENFORCEMENT-VENDETTA BASIS
AD HOMINEM ATTACKS ON “COMPLAINERS”
ILLEGAL COVENANT AMENDMENTS
MISAPPROPRIATION OF FUNDS/FRAUD BY BOD
LEGAL ACTIONS AGAINST MEMBERS-USE OF SANCTIONS
REFUSAL TO SUBMIT TO NO COST ARBITRATION
FORGING OF DOCUMENTS
DEFUNCT ARCHITECTURAL REVIEW PROCESSES
ABUSIVE USE OF PROXIES TO CHANGE COVENANTS
Yes, the list is formidable and leads to an understanding of how HOAs’ have become a major element of the “undemocratic abuse of power” many legislative bodies in the state of NC and the country fail to deal with. Hopefully, as we accumulate HOA Reviews from our subscribers, we will have first hand examples to present to legislators, to force legislation that will provide homeowners needed relief “in their fight against HOAs”. Stay tuned!!!!