LETTER SENT OUT FROM DRUID HILLS POA ATTORNEY
My response to the letter sent to me by David Rusterholtz’s attorney Mark Payne and the letter sent out to homeowners here in the Druid Hills Subdivision was a reminder that I was not recognized as a legitimate Association with members. I complained to the Supreme Court Attorney Council about the statements that David’s attorney assumed as fact concerning my ” Association” the DHHOA. I have tried desperately to let the truth be known and stop the rumors, lies and illegal forming of the DHPOA way back in 1985. As everyone knows it is hard to deal with these issues without an attorney, which I have taken on the responsibility in good faith using my own resources and time in order to benefit us all who are members of the Druid Hills Subdivision, and yes I have DHHOA members ‘the simple majority’. I hope to gain your support as time goes on and feel free to email me at this site if you have any questions about what the real truth is about the POA in our subdivision.
Thanks
DHHOA
REBUTTAL
Druid Hills Home Owners Association
627 Midnight Lane
Florissant, CO 80816
Teller County
10/31/2016
Law Firm Leff, Payne
8020 Shaffer Parkway Suite. 300
Littleton, Colorado 80127
To whom it may concern:
I am writing in response to your letter about the Druid Hills Homeowners Association that is completely legit and honored by the Secretary of State (SOS) and DORA under a different name that stands on its own merits. I refute the accusation that I have been “advising” owners, I am most definitely not giving any advice whatsoever to anyone whomsoever owner or otherwise. The POA has slandered me and engaged in character assassination for the past two decades.
I would like to know the reasons behind the following unfounded allegation, please site every alleged Reason, Law, Amendment, Rule or Justification you have in your allegations that I am slandering the DHPOA, and you tell me my DHHOA has to cease and desist by engaging in spurious documents.
Your Allegation: C.R.S. 38-35-201 (2016)
38-35-201. Definitions.
(3) “Spurious document” means any document that is forged or groundless, contains a material misstatement or false claim, or is otherwise patently invalid.
My Response: C.R.S. 38-33.3-113 (2016)
38-33.3-113. Obligation of good faith
Every contract or duty governed by this article imposes an obligation of good faith in its performance or enforcement.
In addition, board members have in the past not acted in good faith in accordance to HOA By-Laws. Fiduciary Duty Standards “non-profit act”; with regard to DHPOA President, Architectural Control Committee, taking there personal agenda against neighbors using the DHPOA to take action. “Any Members stating falsification as an offense involving moral turpitude or any other acts inimical to the interest of the association.” no board member or group shall be permitted to bypass others personal rights as an individual no matter their social standing”.
May I inform you that the DHPOA was not registered with DORA when I legally formed the DHHOA; therefore, we are not making any changes or following your advice. I apologize for not being able to address this matter sooner, but your letter arrived right at the time I was in the middle of election time.
I am demanding complete disclosure of your alleged proof against me, written, oral or interlocutory, I demand you to conduct a deposition Rule 30, and the deponent shall answer all questions at a deposition under oath giving evidence or acts as a witness.
I believe the POA Declaration of Covenants does not effect our subdivision as a whole it was not signed by a majority of the owners of the lots 87 in Druid Hills Filings 1, may I remind you they only had 23 signatures (not 44) in which several of those were the same parties that may not be valid. “The Association has no legal authority, on its own, to change the covenants; only the owners themselves have that authority” by July 1, 2001 (1).
Filing 2 has dropped out of any obligation to the POA by “court order”, although I have not seen the documents personally.
Furthermore, I do have signature pages of owners in the Druid Hills Subdivision, I do not act alone. Although, I wish to not to relinquish those names at this time, because of retaliation or bullying from the POA, which has gone on for years now, and they have slandered many people here in our subdivision, I have requested a CORA on POA members which have disclosed the slander from various people and their malicious attempts to run others that they do not like out of our subdivision.
I am committed to my campaign, the undertaking of the DHHOA which I will pursue all avenues of prosecution and or defense that is available to me, and if I am required to spend my “valuable” time and resources, I will be positioned to seek relevant damages.
Furthermore, the Declaration of Covenants I filed in July 25, 2016 is similar to the original covenants word for word ( not the POA’s as you suggested) that was filed in July 1,1971 by Ken Barber that I knew and talked to personally. There was no Property Owners Association POA and or HOA when the subdivision was developed and the original covenants that ran with the land of 30 years stated we as property owners that wish to form an association has to have the majority of owners vote for it, which was not ever done. The POA has no proof and no votes as far as I Know and former members of the POA have confirmed this.
Mr. Barber(developer of our subdivision) was not in favor of the DHPOA when I spoke with him last, also I have had conversations with his son Doug Barber and his daughter Nancy Barber and they are not in favor of what the POA has done with our subdivision and losing Tract A easement in front along Hwy 24 on a “Quiet Title”.
This is a quote from the DHPOA attorney Ron Frindt
“Druid Hills Property Owners’ Association, as an entity, was not a party to changing the covenants. The property owners themselves are the ones who changed the covenants. The POA was merely the facilitator to get that effort done. But that effort could have been facilitated by any group of property owners- or even one property owner. Thus, the provisions of the Colorado Non-Profit Corporation Act which are referred to in the materials enclosed with your letter have no applicability to an effort to change the covenants, regardless, for any if whether that effort is successful or unsuccessful”(1).
Any conversations with owners are formidable about the history of this subdivision since I have been a resident since 1983 when we only had 11 homes in this subdivision and no POA or HOA existed. Kindly cease and desist any further comments concerning this matter and please check your facts, I will be glad to help you if you need.
Few other comments,
First, the POA has made formidable requests to the Reality Companies and Title Companies in our area about their association being mandatory so the POA can forcibly collect dues, even thought formal members of the POA had informed me that they are a voluntary association; therefore, they have been collecting under the presumption of invalidity. Their attorney Mr. Frindt also acknowledges the fact that the POA is voluntary and they cannot force anyone to join or pay dues( stated in the POA newsletter), yet they do.
Second, may I remind you that while the POA was suspended in 1996 and dissolved in 1998 as an Association by the Secretary of State for non- compliance, they still collected dues.
Third, the POA does not abide by these criteria
HOA BY-LAWS
ARTICLE II
PURPOSE, POWERS AND DUTIES
Section 2. Purposes of the Association. The purposes of this Association is to provide and/or maintain community facilities and to facilitate the delivery of adequate social services and economic advantages for the association to improve the quality of life and well-being of its members, on a non-profit basis consistent with the provisions set forth on its Articles of Association.
The POA conspires to do harm in this subdivision, with slander, ill-will and malice to people of their choosing, this must stop for the good of us all.
Sincerely,
Diana Foraci
Declarant of DHHOA
In my most sincere and compassionate thoughts I will do all that is possible to bring this subdivision back to the serenity and beauty it once was. Our little community needs a change from greed and arrogance to generosity and kindness; I strive to accomplish those values no matter what.
footnote
1 Ronald Frindt
Sent 11-23-16