Druid Hills HOA Florissant Colorado Official Homeowners Association for Druid Hills
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THE ROGUE ASSOCIATION KNOWN AS THE POA NEEDS CORRECTING AGAIN!!!
AGAIN THIS WAS A HEARING NOT A LAWSUIT, I WAS NOT ASKING FOR MONETARY SUMS, JUST TO REMOVE A SPURIOUS LIEN.
REALLY POA STOP SAYING I AM INVALID A SOCIAL CLUB. YOUR GROUP SEEMS LIKE A SOCIAL CLUB, WITH ALL THE DINNERS, ICE CREAM SOCIALS, ETC. WHERE YOU ENJOY THE DUES YOU COLLECT UNANIMOUSLY.
NO JUSTICE
WITNESSES AT THE HEARING
- The Defendant
David Rusterholtz, said under oath,” They have nothing”to support the charges they applied to the “spurious lien” in question, put on my property.
- The Petitioner
Diana Foraci, said under oath, “Yes”, I believed the POA was invalid “from the beginning”.
- The Witness
Cecil Stambaugh, said under oath, “They had no votes, but formed anyway” important facts not revealed at the time.
AFFIDAVIT
See Below documented Affidavit acquired and presented to me after Cecil Stambaugh resigned in 2000 and just before he sold his property in 2002.
12 Foraci Lttr Cecil Affidavit
Cecil former President of POA, resigned in 2000 of sound mind because he disagreed with the proposed Declaration of Covenants of 2001 and the conflict it was causing among Druid Hills Homeowners was disturbing. Cecil was not credible at the hearing because of the time he wrote it was 18 years prior and the attornies confused his ageing mind and my pettifogger assistant attorney did not object to the baggering about documents that was not seen by Cecil.
COUNCIL
Pleadings
Attorney Whitney Hey for the Petitioner-” AFFIDAVIT IN SUPPORT OF PETITION TO REMOVE SPURIOUS LIEN”, about the lien placed on my property, she stated for number 6 “The DHPOA was not created with the proper number of votes as required under the original covenants by the Sub-divider, Druid Hills Company”.
Attorney Steven Bailey for the Defendant- “RESPONSE TO PETITION”, about the lien placed on my property, he stated for number 4 ” These assessments are based upon on Second Amendment to Declaration of Protective Covenants recorded originally….on June 29,2001….and re-recorded a second time on 3 November2016″. see below
2001 Property Covenant with voting record
Final Corrected Copy of Ext.14 of 2001 voting demonstrative
RETROACTIVE
Making the covenant retroactive by definition ‘something made effective from something prior’ to enactment, if the prior 2001 Covenants is not valid how can the 2016 Covenants be valid? Whereas, the 2001 Covenant did not have the majority vote to pass.
OUR SUBDIVISION
IN THE BEGINNING
Granted that, the majority of homeowners that resided here said “NO” WE DON’T WANT AN ASSOCIATION HERE” at the ‘groups’ first meeting held in September 1985. Many homeowners walked out of that meeting!
Despite the walk out and the controversy of disapproval- this group got away with collecting dues all these years under outright deception and that does not authorized them to demand assessments now, if they do, that’s a violation of our original covenants where they needed the majority vote to form. In addition, they deceived the Developers when they turned over their obligation powers to the POA not knowing the POA was not approved by the majority. Two wrongs does not make a right.
One day the POA will have to show real proof not just claim they are a valid association. see below
5 Foraci DH Company Declaration of Protective Covenants 7-1-71-1
MISREPRESENTATION
The POA’s “Covenants”, mentioned above are all together questionable concerning their validity, without no votes recorded or documented” is confirming their invalid creation in 1985 makes their existence, covenants, policies, and liens ineffective in my opinion.
12 Foraci Lttr Cecil Affidavit
ASSESSMENTS
Homeowners protested by not paying assessments or dues, ignoring the POA in the beginning. Spurious Liens have caused a few homeowners to pay assessments, one moved out, others question if the POA has the right to demand assessments against our will?
According to and Under the U.S.Constitution: “Thirteenth Amendment”, nobody should be forced to comply against their will. I am the first to take them to court and the first to pay tremendous amounts to get something done to fight the wrong that has been done in our subdivision. Thanks to
David Rusterholtz (running for commissioner 2020) that has been the spearhead in ordering fake liens on our properties wrongfully supported by their Declaration of Covenants of 2001 passed without the majority vote. Is injustice at a maximum of audacity.
.3 Foraci Notice of Lien and Lien
PREJUDICE
Property owners singled out where nine liens for not paying assessments, I was called a Nuisance in the Druid Hills Subdivision by a POA board member, other non-payers of assessments have no liens. Why is that?
On APRIL 4TH this bit of information surfaced, THE ‘SHERIFF NOTED- NON SERVICE ON 3-23-18’. In 2018. Strangely, my HOA DIRECTOR informed me about one person served concerning the LIENS. I had no idea who that was?. Seems prejudice one served-non-service and the other homeowners accounting for the eight additional LIENS- supposedly not-served by the sheriff.
Unfortunately, this kind of practice goes on quite often with the POA- being inconsistent playing favorites, putting others on lists they do not approve of is plain in my opinion UN-AMERICAN. One person who I will not mention, that attended the annual meeting of the POA. “Said, they were acting like a ‘lynch mob’ at the meeting.”
MALICE
The definition of Malice: the desire to cause distress to another and to ruin ones reputation out of pure malice. The POA retaliatory actions of malice are as follows: Character Assassination, Hate Crimes, Social Economical Racism, Spreading Fabricated Stories, Groundless Complaints, Threats and Liens put on properties, just because people opposed them!
POA BOARD MEMBER’S
President to Blame:
David Rusterholtz main supporter for the Liens 2018 on homeowners property, adopted Policies 2016 against us and By-Laws 2017. Caused our subdivision much chaos and isolated homeowners TO harm. NOT A GOOD THING
Co-Secretary:
David Simmons signed THE nine Liens
Deception after Deception
Their Formation
An outright lie! The first Newsletter sent out to property owners in 1986, stated, “We are happy to report that, by November 1985, we have received approval for the formation of the Property Owners Association from the majority of the property owners”.
Their Covenants
What “to do” about their protective covenants and the DHPOA representing our Subdivision? Seems like, the judge jumped from the lien to validating the POA?
Questions Regarding the Assessments
- Why should we pay assessments? Many say what are we getting out of paying the POA, what’s in it for us?
- What is the POA doing with the majority of the money collected from dues all these years? Why are some homeowners not paying assessments or excused from paying and not threatened with liens ?
- What is the POA really doing for our subdivision?
DHHOA
