DHHOA APPEAL
An important message from the Druid Hills Home Owners Association. Just received clarification on opening brief,my appeal attorneys were denied another extension by the court. Therefore they had to withdraw. As to the circumstantial evidence and the fact my attorneys the Moller Law Group blew my hearing and lost my case also hindered the outcome. Working below standards filed hardly nothing to support my case unbeknownst to me. My appeals attorney decided to withdraw and spare me any further expense.
I truly apologize for fighting a corrupt entity in the first place since the court has the authority to determine the weight to give all the evidence presented to it. Fact is my attorneys did not present my evidence to support my case, instead presented the defendants documents. Why is that? Although much of the documentary evidence was circumstantial. There are inconsistencies in the documents such as the minutes stating that membership in the POA is mandatory while “inviting” nonmembers to join. I have never been a member nor do I wish to join this corrupt group the POA.
It is true that there is no direct evidence that a majority vote to form the POA was taken. but it would be nearly impossible to overcome the circumstantial evidence that it might have happened. Considering when no majorities approved amendments to the declarations in later years. I think the court did overstate my application for approval of proposed structure, as nothing on either application identified the entity I was applying to. Yet in the absence of any identification in the document, it was within the court’s authority and discretion to decide..
After all this the Spurious Lien was what I was fighting to remove, it got complicated. I was determined to prove the POA did not exist as an entity, they had no vote recorded, verbal or written to form in 1985 and years later in 2001 no majority vote to supersede our original covenants. The developers adopted and ran with the land since 1970.
Right now, given the state of the law and the mindset of the judges in the courts. It is virtually impossible to overturn or appeal any determination within the trial courts discretion.
In summary, these issues would be reviewed,on appeal for an”abuse of discretion” one of the toughest standards to review. According to my appeals attorneys.
Therefore, it is not fair to me, and certainly not right ethically to move forward, I am on my own, I have a plan, and will keep my HOA in good faith. Maybe we should all opt out of being part of the Druid Hills Property Owners Association. Clearly many homeowners do not approve of them and hate to be forced to pay dues. Think about it! And I have filed the Article of Dissolution to abolish the POA with 36 signatures with Teller County Clerk and Recorder. You are free to contact me either by mail Anonymously or otherwise if you have any concerns about the DHHOA Appeal.
Diana Foraci
Druid Hills HOA
627 Midnight lane
Florissant, CO 80816
https://aboutdruidhillshoa.com/2014/12/24/mandatory-vs-voluntary-druid-hills-poa/
https://aboutdruidhillshoa.com/2014/12/24/mandatory-vs-voluntary-druid-hills-poa/
http://dhhoa-teller-80816.simplesite.com/
https://aboutdruidhillshoa.com/2019/11/24/rusterholtzs-agenda/