Druid Hills HOA Florissant Colorado Official Homeowners Association for Druid Hills
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Newsletter 2019
This newsletter is written for those who wish to know the truth about the POA, especially their tactics to deceive us as residents in the Druid Hills. With ‘Additional Response concerning the letter sent out by Mr. Payne dated Oct 28, 2016. I would like to clarify the misconduct the POA has encumbered upon our subdivision the Druid Hills and it’s residents.
First
In 1971, our protective covenants stated that ‘if the majority wanted to form an HOA they could do so’. There was no HOA or POA in the Druid Hills Subdivision in 1971.
In 1985, five residents got together and arranged a meeting in Florissant at the Fire Department with all the residents in the Druid Hills. Which was about eleven families living in the Druid Hills Subdivision at that time and I was present at that meeting. To our surprise, the five filed an Article of Incorporation on Dec. 11, 1985 against any consent or vote to do so. As far as I know these five were the only one’s that wanted to form a POA back then.
In 1986, we got a letter in the mail stating they formed and had the approval of the majority of property owners in the Druid Hills Subdivision. Knowing this information was a lie many ignored the illegal formation of the POA. In return the newly formed POA just ignored our concerns of doubt about their illegal formation; and many folks who lived in the Druid Hills just threw the letters from the alleged POA ‘demanding assessments’ in the trash. As for the new residents that moved into our subdivision, the POA fooled them into paying dues, forcing them to join their association unbeknownst of what was really happening to them.
To make matters worse, in 2001, our original covenants was totally re-written by the POA to suit their needs. They took away our rights as homeowners, they stated ‘it replaced and superseded the Original Declaration in all aspects. To sum up’ The DHPOA covenants are not in full force and effect for Filing 1 and 2. Because the majority of the Druid Hills homeowners, property owners or residents did not vote in the 2001 Declaration or Covenants on June 29 2001 to adopt or approve such a declaration.
final Copy of Corrected Copy of Ext.14 of 2001 voting demonstrative
In fact, none of the POA protective covenants are/is binding, because they did not have enough votes to make it so. People have asked for proof of the votes and repeatedly the POA just ignores our requests for conformation. Or if we are obligated to the POA in any way to become members or pay assessments. The POA has manipulated the vote count with the Declaration of 2001, in their favor; nevertheless, they do not have the majority vote, this takes some investigation to prove their false misrepresentation.
In 2001, Druid Hills Filing 2 homeowners opted out of any covenants, I have record of the votes they filed with the county against the covenants, and in addition the votes of the POA for the covenants in Filing 2. The POA had multiple votes for the same property owners that owned Tracts A and B in Filing 2, tracts A & B are not residential lands they are Wetlands protected by Army Corp of Engineers. In addition, another vote that was invalid was by a person voting against the POA covenants earlier, then later voting for the POA covenants, clearly you cannot vote for both sides.
Accordingly, the homeowners of Filing 2 opposed the covenants with high regard of their freedom and pursuit of happiness. They ‘legally’ had every right to opt out and live in the Druid Hills in peace. Left alone from POA threats. Of course, the POA disagreed with any opposition back then. When owners in Filing 2 moved out and new owners moved into the subdivision. The POA told the new owners, they had to pay assessments and were members of the POA. Automatically, deceiving everyone about the truth.
Second
Figuratively speaking, the truth about the POA they are in violation of their own ‘Policies,” filed on Oct. 28, 2016. Overseen by David Rusterholtz, adopted by his attorney and the POA at that time. Specifically, the policy to see their records. It states ‘Anyone can view their records upon written request and they will respond within 30 days, unless they are busy with board matters.’
Therefore, I requested the POA records concerning the votes passing their Declaration of 2001, covenants. The POA President David Rusterholtz told me after the 30 days, that the board refuses to disclose their records. ’ But he would be glad to have a private meeting with me and compare records, or what he had. And not to tell the board we were meeting. Hum, he is the board President and he was so nice that day, acting as if he was my good neighbor trying to work things out, that meeting never took place, but a short while later I received two letters from the POA stating I was in violation and that they planed to come after me. A typical flip/flop action of the POA.
Third
In addition, to coming after me a letter sent out to homeowners by Mr. Payne the POA’s attorney, dated Oct.31, 2016 does not state, mention or confirm the POA was adopted, approved by the majority, or legally able to force us to pay assessments. It just bashed my existence as an HOA representing our subdivision.
Consequently, Payne’s letter discredited the DHHOA for their formation, adoption, or approval, which Mr. Payne failed to investigate to confirm his allegations of judgment. I sent a ‘rebuttal letter’ to Mr. Payne demanding he give me proof the POA had any legal right as an entity to force us to pay assessments, I received no response from Mr. Payne, and I posted the ‘rebuttal letter’ on this website: www. aboutdruidhillshoa.com.
Furthermore, in 2015 the DHHOA registered the Secretary of State and DORA in compliance with Colorado Law, paying the SOS yearly dues as an entity, operating as a business in the State of Colorado since 2015 in good standing.
In 2015, the POA failed to comply with the rules, there is no record of them registering with DORA from 1985 to 2015. In 1997-2002, the POA suspended and administrative dissolved as an association for non-compliance with the Secretary of State (SOS), and again for non-compliance as an association around 2007. Conformation of these records are view-able online at the Secretary of State website; go under businesses ‘Druid Hills Property Owners Association’, go to the ‘history section’ you will see the years of non-compliance. They were unable to re-instate, not until 2002 when Brian Walker’s attorney Mr. Frindt re-instated the POA as a registered agent were they successful.
Fourth
David Rusterholtz keeps confirming the POA formed in 1971 to deceive us into believing they are a mandatory association. In contrast the letter sent out by David Rusterholtz attorney in Oct. 31, 2016, he stated the POA formed in Dec. 11 1985, period with their Article of Incorporation. The attorney also stated,’ they have the rights to collect assessments from the members of the DHPOA, as well as enforce provisions of the DHPOA Declaration.
Clearly, Mr. Payne did not investigate the facts about his client, when his client was telling everyone the POA formed in 1971 and they were a mandatory association. Nothing was mentioned about how and why they had the right to collect assessments, when the truth is they are a voluntary association and have no enforcement rights on Druid Hills Subdivision homeowners. According to my investigations, this statement from Mr. Payne to collect dues does not hold the whole truth, the POA formed without consent or vote, is a voluntary association and nobody can force people to pay assessments against their will. Despite what David Rusterholtz is telling homeowners, realtors and whoever else that they are mandatory forming in 1971 as an association is an out right lie.
Fifth
Mr. Payne stated this about my association the DHHOA in his letter sent out to all property owners in the Druid Hills Subdivision dated Oct.31, 2016.
‘THERE IS NO EVIDENCE THAT THE HOA WAS APPROVED AND/OR CERTAINLY NOT SIGNED BY THE MAJORITY OF LOT OWNERS IN DRUID HILLS’.
THE SAME ‘CAN BE SAID’, ABOUT THE POA FORMATION AND FORMATION OF THEIR DECLARATION OF COVENANTS, ‘THERE IS NO EVIDENCE THAT THE POA WAS APPROVED AND/OR CERTAINLY NOT SIGNED BY THE MAJORITY OF LOT OWNERS IN DRUID HILLS’.
Mr. Payne, should focus on the POA, concerning this statement he proposed against the HOA and their covenants, ‘while it purports to encumber the lots in Druid Hills, other than the lots by the people who signed it, ’no other lots in the Druid Hills are bound by it’s provisions.’
Sixth
The DHHOA’s Declaration of Covenants is not similar to the POA’s declaration, I repeat not similar. It is in fact similar to the Original Declaration written in 1971. Excluding, Filing 2 concerning the wetlands and easements. That we all owned before the DEAL With the POA and the property owners that owned Tracts A and B.
This quote,’ Since the POA Declaration was not adopted, approved or signed by at least the majority of the owners in the Druid Hills, it has no effect on the owners of the lots in the Druid Hills Subdivision.
Mr. Payne supports the POA as well as being a board member. Makes me question how his payment for services known as ‘purchased services’ can be legal? A non-profit, volunteer work, as stated by the rules and regulations of HOA’s. Since they are a non-profit entity, all the assessment collected are suppose to be for the community not paying board members. I question David Rusterholtz, is he telling me an untruth when he told me Mr. Payne is a board member of the POA in 2018?
DHHOA
We have members, the simple majority; I am supporting the homeowners and property owners in our subdivision, in good faith.
Here are my websites to learn more:
http://dhhoa-teller-80816.cimplesite.com
www.aboutdruidhillhoa.com
www.druidhillshomeownersassociation.com
Please feel free to email me through my website if you have any questions or support us. Moreover, please support me by signing my signature page found on my website to disband the POA. Furthermore, the DHPOA termination is possible! If we all band together and put a stop to their deceptive tactics in order to collect dues from homeowners.
Do not let the DHPOA represent this subdivision with deception, falsehood and ill faith in order to get your money. Money used for their personal agenda. Consequently, using your money to go after people that do not pay assessments, or are not willing to join them. People that oppose the DHPOA, eventually move out of our subdivision, by intimidation, threats, rumors and slander used against them.
Finally, David Rusterholtz is telling folks that his attorney Mr. Payne is advising and coaxing members to go against people in small claims court that oppose them. The POA members that have paid assessments have voluntarily chosen to do so, but to what consequence. You are paying the POA to go against your neighbors using your money for legal expenses. The DHPOA Declaration of Protective Covenants has no claim or tight as a governing document for the Druid Hills. They can not enforce their Policies, or By laws, because they did not have the majority vote to be adopted, or govern us either.
As a Declarant Member of the DHHOA. I hope this clarifies the purpose of the DHHOA that operates in good faith telling the truth. You do not have to like me, but please get to know me, and know I am here for you. I do not collect dues, lie to people or spread false rumors.
What I have done in forming an established legitimate HOA, legal entity, should not be attacked because it exists.
Sincerely,
Diana Foraci
DHHOA
