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Fraudulent Lien MUST Stop

Fraudulent lien! I’m not the only one who has been harassed with the attempted placement of lien on my property by Druid Hills Property Owners Association for failure to pay their “NON” mandatory dues, and suggesting I’m a member, when I’m not. Residents who have been paying dues to the POA out of fear or duress should share their stories so that this awareness is raised and stops immediately. It’s a misuse of local resources as well as a form of extortion. Do not allow yourself to be misled or bullied anymore.

NOTICE TO ALL MEMBERS OF THE DRUID HILLS SUBDIVISION

TO WHOM IT MAY CONCERN: ALL MEMBERS OF THE DRUID HILLS

I Diana Foraci Declarant member of the Druid Hills Home Owners Association (Druid Hills HOA) is objecting to the Druid Hills Property Owners Association (Druid Hills POA) filing of ‘To Whom It May Concern’ spurious document ‘lien’ imposed on my property Lot 48 of the Druid Hills Subdivision Filing 1, on February 5, 2018 at Reception No.704351 in the office of Clerk & Recorder of Teller County, Colorado.

Since, the Druid Hills POA, was not legally adopted, approved, or signed by at least the majority of owners in the Druid Hills on 12-11-1985 to file the Articles of Incorporation and become an Association against the approval or desire of lot owners to form; therefore this Association has no effect on the owners of lots in the Druid Hills Filing 1 and 2.  Furthermore, the Druid Hills POA does not encumber or otherwise affect title to Lot 48 Filing 1 in the Druid Hills or properties of those that are members of the Druid Hills HOA whereof are not bound to any of the Druid Hills POA governing documents.

In 2001, Filing 1 consisted of 85-87 lots, the majority would be 43-44 lots if each lot had one owner, the POA filed the re-write of our Covenants on 6-29-2001 (I have a copy 32 pages) without the majority vote, with the office of Clerk and Recorder with 32 valid votes (one vote per owner, regardless of lots owned as stated in the POA By-laws). Lot 73, recorded as Mule River, Inc on the Teller County Property database of 4-11-2001, owned by Don and Maxine Green their signatures were not on the signature page to re-write our covenants, all owners must sign by law. Still Mule River, Inc., counted as one vote. In addition, Guy quick had owned three lots, 29, 30, 32, he did a lot line vacation (combining the three lots into one lot, Lot 29A as residential, also recorded on the 4-11-2001 Teller County Property database. Guy Quick would then have one vote according to their By-laws. Therefore, filing one has 85 lots, with 32 votes of which 41 lots were owned by them, not enough to approve the covenants known as the Declaration of 2001.

However, conflicting statements from POA Attorney Ron Frindt on Oct. 19, 2001 (I have a copy), stated, “I have been informed that Druid Hills contains 87 tracts. I also note from the signature pages that owners of 46 tracts consented to changes of the covenants. If 87 is reduced to 85 (because three lots have been combined into one), such is still a majority (a majority would be 43, and here the number is 44).” He goes on manipulating the numbers, very confusing, I fortunately had been sent the tallied count showing one owner/one vote, regardless of lots owned. Someone sent me this copy probably by mistake as the POA admitted they sent someone both filing one and two covenants by mistake.

The POA created the Declaration 2001 that was a total re-write of the original covenants with their attorney Ronald Frindt instructed members ;in mastering the content to benefit the POA that was suspended and dissolved as an Non-profit corporation by the Secretary of State, recorded as the ‘History and Documents’ dated from 1997 to 2002. “ NOTED by their attorney this passage: The Association has until 2003 to re-instate itself as a non-profit corporation in good standing, and I am getting the documents that will have to be filed to re-instate the Associatio, after several rejected attempts their attorney signed for reinstatement as the designated agent.

”On Oct. 19, 2001, Attorney Ronald Frindt wrote this passage about the covenants when people question the legality of them, “But if the majority of the owners wanted the changes, the minority would be bound by those changes.”

Again, the POA Declaration 2001 was not signed or counted by at least the majority of owners/lots in the Druid Hills to put the Declaration 2001 in full force; therefore, does not apply or supersede the Original Declaration of 1971.

Furthermore, the Druid Hills POA Declaration 2001 does not have rights or responsibilities, including the right to collect assessments or enforce their membership, rules or bylaws upon any members in the Druid Hills, unless they had the majority to approve such a declaration or even to change their By- laws to suit their needs they still need the majority vote to do so.

The fraudulent lien created by the Druid Hills POA does not apply, is void, to the property, Lot 48 of Druid Hills Filing 1, Teller County, Colorado, signed by David K. Simmons, Secretary of POA, demanding assessments from a non-member of this POA. Whereas, the owner of such lot is Declarant Member of another association known as the Druid Hills Home Owners Association.

IN WITNESS WHEREOF, this notice is true, verified to be in compliance with the law, will be recorded in Teller County, Colorado, is in effect not subject to such ‘lien’ on Lot 48, Druid Hills Filing 1, the property owner is not or ever been a member of the ‘Association’  Druid Hills POA nor ever paid assessments at any time since the POA formed in 1985 demanding dues. Taking them to court was a mistake, I regret doing business with my pettifogger attorneys! That lost my case;therefore, the DHPOA stole my money for attorney fees. I made an offer to pay cash they ignored me and their attorney Mr.Bailey passed the buck to a “new case” Altitude Law collection agency that required me to pay against my will, as a non member of the DHPOA or lose my property. Subsequently, I am a declarant member, the President of a legitimate Homeowners Association the DHHOA.

Druid Hills HomeOwners Association

Below are links to the PDF version of the filed counter to FAKE lien imposed by Druid Hills POA

Counter to Fake Lien Pg 1

Counter to Fake Lien Pg 2

About DruidHillsHOA

I'm Diana Foraci, a resident of the Druid Hills located in Florissant Colorado. I'm the owner of this site, representing the Druid Hills HomeOwners Association which represents this community in Good Faith, with Honor and Integrity.

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