TESTIMONY

TESTIMONY

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Article of Incorporation

12 Foraci Lttr Cecil Affidavit

TESTIMONY, Cecil E. Stambaugh wrote and signed ‘The Affidavit” SEE ABOVE as he stated at the hearing on March 20, 2019. ‘Yes, I wrote this’ under oath! I do not recall documents not before me that attorney Steven Bailey was asking me about and it has been 18 years since I moved out of the subdivision. I sold my property in March  of 2002 .

On December 11, 1985, the Druid Hills Property Association, Incorporated, was created by a small group of property owners in the subdivision DHPOA. See (Article of Incorporation) above. The original Board of Directors consisted of Cecil Stambaugh, Guy Quick, Kent Strange, Liesel Adrian and Charles Cushenberry.

TESTIMONY : For all members of the Board, I would like to herein make the following statement:

The Druid Hills Property Owners Association was illegally formed in 1985 without any vote they needed the majority votes of property owners who resided in Druid Hills. Filing 1 and 2.  The original covenants of the land. Filing 1 in 1970 and Filing 2 in 1971. Both clearly state that “IF a majority of then property owners of the subdivision elect to form a homeowner’s association, then it shall be allowed.”   Which never was established for the DHPOA to legally exist only circumstancial evidence. in saying they had the approval from the majority made it so. That was WRONG an outrageous lie. Nothing was filed or recorded stating they had a single vote to form which substanciated the DHPOA VIOLATED OUR COVENANTS OF 1970-71. UNDER COVENANT LAW.

Again I cannot stress this enough this fraudulent group, the DHPOA, was never voted in, not a single vote at all. No record of any such vote either formal or informal, either in written vote, or oral. In fact, the majority of then property owners were against the formation of such a group, and remained so.

Instead, Mr. Cushenberry, who was the spearhead of this project since the beginning, put forth letters to the owners in this subdivision that indicated (fraudulently and based upon no factual basis whatsoever) that this POA had been voted in by a majority of the owners, as per the covenants’ requirements. Plus this group put out a Newsletter that they were approved as an association.

There have been numerous complaints about the way this POA was fraudulently created, from the homeowners, but nobody was able to do anything to stop it. Those who protested were subjected to retaliations or threats of liens, etc., by the DHPOA. Overall, it was strongly presented that there was absolutely nothing anyone could do to prevent the DHPOA from ‘taking over the neighborhood’. The developers were wanting at the time to get out from under the responsibility of this subdivision and gladly turned over the handling of everything to this newly formed DHPOA in 1987. Unbeknownst they were frauds taking people’s money, demanding membership to their corrupt association.

Again, it was publicly presented that the DHPOA had been formed with the majority consent of the owners. The truth is they had not, nor ever was a majority of anything they had or filed as the DHPOA.

Yet the DHPOA newsletters sent to every homeowners in this subdivision indicated they had formed with majority approval . The only thing missing was the evidence to back up this claim. The letter sent to Homeowners  by David Rusterholtz’s attorney Payne was a blatant misrepresention of the truth. Even my pettifogger attornies filed this letter with the court at my hearing in 2019. Homeowners chose to either ‘go along’ to keep the peace, or were actually duped into believing this DHPOA was legitimately in place. Based on false representation  of the group. Judge Sells deemed circumstancial evidence and did not care what anybody said or was allowed to say. In fact, Judge Sells was confused. When I said they did not have the majority vote to form.  I should of said they needed the majority vote accouding to our Covenants.

Most homeowners simply ignored the entire mess, and refused to play along at all.  A small handful over the years have tried, either singly or in small groups, to fight the DHPOA and get them out of the neighborhood with no success. And those persons have paid the price, mostly by being ‘blacklisted’ and having had letters sent to them threatening them about payment of dues or worse liens.  There are some who have been targeted with more serious actions, which are a matter of record ‘singling out woman’.  But nobody has ever succeeded in removing this group.

I  Cecil Stambaugh was President over this group for many years, I tried to keep it as benign a group as possible. But that atmosphere has changed dramatically in recent times, and I want no part of the POA anymore. Now they have a lawyer to back them on all venture his name is Ron Frindt, and more and more monies to use as well.

Efforts to confront them with the illegal beginnings of the group, illegal or unethical activities, and such, have only drawn fire to those who dare to oppose them. It is wrong, therefore, to say the are now legitimate due to the time they have already ‘been allowed to exist’, for they have refused to leave, and always had the upper hand through intimidation, lies, and money.

I watched how they  conducted this recent change of covenants for 2001. It was ludicrous and underhanded. They made promises to this person and that, saying things like this person would not have to follow the ‘new rules’ and that person could get by on certain items, etc. There was a lot of bullying, and worse. Their lawyer backed them on all activities, it would seem. When confronted with many of the issues at the annual meeting in August 2001, it was beyond disgusting. They, on video tape (record is kept, therefore), mostly refused to even address issues presented to them, preferring to intimidate or disdainfully blow off the questioners, or ‘dissenters’ as they referred to them. No answers came forth of any substance.

Anyway, I want to be entirely removed from any connection with their doings. I will be moving out of this neighborhood, in part due to this group’s  hateful and unbridled activities which I personally see as illegal.  They have turned neighbor against neighbor needlessly. In no way does this current DHPOA reflect anything it was originally intended to be. Whether the ‘dissenters’ will succeed in an uphill battle against  unscrupulous and increasingly powerful individuals who  comprise this DHPOA body, is doubtful. But at least with this statement, I do hope I can be placed on record as swearing to the fact that this group was never formed with the majority consent of the then property owners of the Druid Hills.

CECIL STAMBAUGH            DATE     2002

Hope you enjoyed this true incite of TESTIMONY

The End       TESTIMONY

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TESTIMONY

BY DIANA FORACI         DHHOA

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http://dhhoa-teller-80816.simplesite.com/

About DruidHillsHOA

I'm Diana Foraci, a long time 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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