Druid Hills HOA Florissant Colorado Official Homeowners Association for Druid Hills
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A HEARTBREAK DHPOA TRYING TO TAKE OUR AMERICAN DREAM
Can you refuse to sign HOA? “Homeowners associations, commonly referred to as HOA’s, govern communities like townhouses, condominiums, and subdivisions…HOAs outline their rules in a covenant, which all homeowners sign into. However, you cannot be forced to join an HOA if you bought your home before one formed in your neighborhood.
”http://www.hopb.co/blog/simply-unenforceable-hoa-covenants;and-how-they-can-go-tofar?rq=covenant%20law
It should be noted that my Land Title has a signed contract following the Covenant at that time that governs us with no encumbrances, NO POA stays in effect.
A BRIEF HISTORY ABOUT OUR SUBDIVISION THE DRUID HILLS
My responsibility as resident since 1982 of the Druid Hills Subdivision is to educate homeowners in knowing the truth, as Declarant Member of Druid Hills Homeowners Association DHHOA I am solely protecting homeowners from a rogue association called the Druid Hills Property Owners Association that is a voluntary association.
My Warranty Deed grandfathered me, exempt from becoming a member or forced to join against my will since I purchased my property before a meeting on 9-22-85 to form an association occurred, residents did not approve or vote we had 11 homes in the Druid Hills, people walked out of the meeting.
On 12-11-85, Cecil Stambaugh, Guy Quick, Charles Cushenbery, Kent Strange, Lucy Stambaugh (Notary) incorporated with Secretary of State as Druid Hills Property Owners Association- DHPOA, a voluntary association with ‘no vote but formed anyway, violating our covenants that said they needed the majority vote from residents to form an association.
Underhandedly, the DHPOA sent letters out to property owners that did not live here and told them there was an association, and they had to pay assessments dues. In the summer of 1986, a letter went out to all property owners, stating their voluntary association had approval by the majority to form, inviting everyone to join but no documentation to support that claim.
In 2000, Cecil Stambaugh, Founder and President of DHPOA resigned, because, of DHPOA intent was to re-write our covenants (that ran with the land 30 years) to their advantage, taking away our rights. The DHPOA did not follow the rules, ignored their By-Laws that stated, “One vote per household regardless of lots owned, they cheating by manipulating votes, n their favor. People voted that did not own property in the Druid Hills (DH), others voted using each lot owned per household.
Their Covenants of 2001 was filed with Clerk and Recorder on 6-29-2001, which had Seventy possible votes for Filing 1, I calculated 33.5 votes (For), 36.5 (Against) not voting, clearly not the majority to pass or have the authority to govern homeowners in our subdivision. Notice the DHPOA was suspended in 1997 and dissolved with the Secretary of State as an entity from 1998-2002, at that time they tried to re-write our original covenants, the majority of Owners amend paragraph 21 ‘ Term of Covenants’ against re-written Covenants; therefore, the original Covenants will remain in full force and effect.
Homeowners in our subdivision had mixed feelings contacted their lawyers, but without legal action, nobody wanted to spend thousands fighting a corrupt DHPOA, as a result, Cecil Stambaugh, wrote his Affidavit disgusted of what the DHPOA had become before he sold his home in 2002.
Filing 2 of DH opted out of any covenants to govern them, got the majority vote, and filed their documents with the Clerk and Recorder in 2002. The DHPOA refused to accept their loss, denied everything, demanding dues from Filing 2, people that moved into Filing 2 were unbeknownst of the majority opt-out. At the DHPOA meeting, homeowners were yelling and screaming about the injustice, afterwards police attended the meetings, then only the DHPOA board members, their cohorts, and maybe one or two newbie’s in our subdivision attended.
The purpose of any association collecting dues is to contribute to the community, from 1986-2013 assessments (dues) subsequently disappeared over time; the DHPOA Treasurer Barry Ottley resigned, moved out of our subdivision when people questioned him about the accountability for the money. He was taking many vacations during his office, possibly an act of Malfeasance, in trying to account for the money he spent, he alleged the small sign near the highway cost him $5000.00, no way.
Ottley even bragged about killing wildlife in our subdivision, but my attorneys believed it as hearsay. The DHPOA denies request of their financial records, ignoring homeowners with no accountability of the money collected just a brief account of expenses from time to time. One homeowner got an incomplete account of their financials and Homeowners asked ‘what they are doing with the money? Eight years ago, the DHPOA rented a dumpster, and every other year a chipper for the subdivision that only the DHPOA and their cohorts used these services, bragging about their events, treating themselves to dinners on your dollar.
The beauty of Druid Hills Subdivision Wetlands has diminished, the agricultural property Tract B is in the frontage area along highway 24; once had seven ponds with fish until someone killed our Beavers, the Wetlands was once thriving with wildlife, now weed ridden and lifeless, ruined with noxious weeds and just a trickle of a stream. All manner of birds, ducks, geese, beavers are gone, when a homeowner gave the DHPOA Tract B for favors to change the wording in the 2001 Covenants for their benefit, never having to pay assessments, ‘a this for that’, kind of favor.
We have a problem with Druid Hills Signs, the front entrance sign was covered up by the DHPOA and the back sign was on the ground to rot, our ‘Federal Wetlands protected by the Army Corp of Engineers’ sign on Tract B was forced to the ground, when the DHPOA sign is standing just feet from that Wetlands sign, why? Now the Wetlands sign is gone.
WHAT DAVID RUSTERHOLTZ DID AS PRESIDENT OF DHPOA
In 2015, David Rusterholtz was voted in as President DHPOA, not recognizing the people in our subdivision having a say about the election. Things started to change not to benefit homeowners, the 2016 Policies, 2017 By-Laws, 2018 Liens all adopted by Mr. Payne, David Rusterholtz’s attorney only approved by the DHPOA. The annual meeting 2015 the DHPOA talked about getting rid of people in the past, going after people they don’t like, putting liens, super liens, doing injunctions, foreclosure actions, loser pays, putting the assessment money in a reserve so nobody could get their hands on it and one of the nine policies stated they would not maintain our subdivision.
The DHPOA patrols the neighborhood, how do you like the ‘brown shirts’ spreading false rumors, slandered the good name of residents, personally assassinating my character for over three decades without any conscious, disregarding their viciousness as business as usual. While David Rusterholtz deceives homeowners, behind his friendly demeanor he is determined to get your money any way he can, his dishonesty is overwhelming. Homeowners are not happy, that is why I have signatures to abolish the DHPOA filed with Teller County Clerk and Recorder as’ Articles of Dissolution’. After I got 39 signatures the simple majority I turned in the documents and paid the fees to the Secretory of State. The SOS response was the POA has to dissolve themself. Same with DORA David Rusterholtz has to remove the 100 condo’s in our subdivision.
The DHPOA threatened me with foreclosure, has never recognized me as a non-member, it’s all about the money-if they cannot get my money they want my land. In the last three years 49 homes sold in our subdivision. Is that the only cure to move? Today board members are spreading rumors habitually lying about homeowners, are they incapable of telling the truth?
WHAT THE DHHOA DID FOR OUR SUBDIVISION
As a resident in the Druid Hills Subdivision for 38 years, I watched a change take place from year to year, I never had a bank mortgage, owned my property free and clear within five years of purchase, worked hard as a Stuart of the Land, trying to accomplish my dreams, but the DHPOA is making life, liberty, and the pursuit of happiness impossible.
I have maintained our original wooden signs here in the Druid Hills for 33 years, agreeing to take care of the signs for the benefit of the subdivision to retain our heritage. The restoration I have done, without reimbursement has given me rights, I own these signs, despite the dishonest acts of the POA- lying to the police and to Teller County, the DHPOA has displayed false witness in the past and in the present.
In 2015, I was given a tape of the POA annual meeting disclosing what they had planned to do to homeowners in our subdivision that opposed them. For every action is a reaction in 2015, I acted as Designated Agent and Declarant Member of the DHHOA for our subdivision with members because someone had to do something to protect our subdivision and the good people that live here, harassed by the DHPOA forced to pay assessments against their will.
I fell into the trap, seeking legal counsel to remove a spurious lien that sat idle filed with Teller County Clerk and Recorder 2-18-2018. I mentioned to my pettifogger attorneys the CRS 38-20-107 ‘the lien holder had 90 days to act or the lien shall terminate, and the lienor must put the name and address of the lienee’-not To Whom It May Concern, my attorney ignored the statute, as the next line validated any lien, unfortunately it nullified the previous line.
In 2018, the first thing my attorney asked FOR was the DHPOA Covenant of June 29, 2001 with Votes, I retrieved the documents from the Clerk and Recorder, and presented a document that showed whom and how they voted that was inaccurate and misleading, in short they did not get the majority vote to supersede our original covenants.
The June 29, 2001 Covenants was re-recorded ‘word for word’ as the 2016 Covenants that the DHPOA based the spurious liens on, they put 13 liens on properties so far- the most recorded ever in Teller County.
For years the DHPOA has practiced unfair tactics of misconduct in our subdivision, they single out homeowners forcing them to pay dues or threaten to lien, while other non-payee homeowners have no lien. Some are exempt from paying dues for favors between the DHPOA and the homeowners in our subdivision, causing confusion among homeowners.
Therefore, on 3-20-2019, as plaintiff I went to court to remove the spurious lien at the bench hearing, on these facts: DHPOA was created not following the rules of our covenants; I never joined or became a member of the POA voluntary association, never paid dues, their Covenants of 2001 had no majority vote making it invalid.
My attorney that I paid 6 thousand to remove a $542.38 Spurious Lien, told me two days before the hearing just to focus on the lien and just answer “yes or no” not to confuse the judge. Instead, the defendant’s attorney did a good job confusing the judge, while my attorney was stopped in his tracks by the judge and his assistant, Whitney Hey, she did not object when she should have, the defense attorney badgered my witness Cecil, while my attorney dropped the ball and I was thrown under the bus.
Our exhibit, # 14 Votes for June 29, 2001 Covenants was all wrong, it had people voting who owned land in 2018-19, not 2001. My attorney’s assistant email, said they would make corrections to update me, which never happened. Neither did they give much thought to the By-laws that stated-one vote per household regardless of lots owned. The POA ignored these rules, made errors and manipulated the votes. I guess when the POA ignores homeowners, they (the POA) just forget about it, their wrong doing.
About their protective covenants of June 29, 2001 with votes my count according to the By-laws was 33.5 (For) and 36.5 not voting, clearly not the majority. The defendants (POA) filed their newsletter notes with the court even agreed with the By-laws at the time ‘one vote per household regardless of lots owned’ but my attorneys never recognized that bit of information and never filed the By-Laws I gave them stating the same.
The judge yelled at my attorney, the defense attorney objected to everything which then confused the question, the judge found my testimony valid and truthful. Although, the Founder and President of the DHPOA, my witness Cecil Stambaugh was found not credible, because the defense attorney kept asking him about documents not before him, Cecil’s wife handled all the paperwork when she was on the board, Cecil resigned in 2000, and his memory lessened from the time he moved out in 2002 to now 2019. Most importantly, he remembered he wrote his Affidavit and the DHPOA was created ‘without a vote but formed anyway”.
The Honorable Judge Scott Sells sided with the defendant (biased), according to, Whitney Hey, ‘he limited things, did not allow the votes and said the DHPOA had been in operation so long and nobody took them to court’, unbeknownst to me until after the hearing. The judge ruled in favor of the DHPOA on 5-15-19, he GRANTED their pleading, as my attorney withdrew from the case, the judge Denied my responses saw my pleading filed on 4-29-19 ‘as new’, he ordered the plaintiff (me) to pay attorney fees at the cost of $7180.09 on 5-15-2019 (Payne’s fee was denied he was not part of the litigation). And. ‘If respondent is requesting a formal judgment it will be their responsibility to submit a proposed order of judgment’.
The DHPOA failed to submit a formal judgment, sitting idle for 15 months, did nothing, ignoring my settlement offer for a limited time to accept or deny my cash offer, they cannot sit idle and do nothing according to the law; therefore, I considered the matter closed, I assumed they wanted my property not my money. What were they planning?
WHAT THE DHPOA IS DOING TO PREVENT US FROM GOING FORWARD
Altitude Community Law (ACL) sent me two letters in August 2020 to collect a debt of $9,920.00 for assessments, attorney fees, including a Sheriff Service Fee which I was never served. The DHPOA wanted to foreclose if I did not pay otherwise they will take legal action without notifying me.
My correspondence to the debt collector ACL, revealed I made an offer (8 months ago) that was ignored, they failed to request a formal judgment or submit a proposed judgment to the court (15 months ago) I disputed the debt because I did not owe anything. Afterwards I spoke to an attorney, he told me ‘the train has left the station’ the DHPOA could not sit on it, do nothing after all this time, but they did, they opened a new case with new attorneys ACL.
REASON I AM BEING FORTH RIGHT
Four POA board members agreed to foreclose on me, using the judgment from my court case as leverage, most of what I paid was attorney fees 12K and the other 1K was for their insurance, the remainder 900.00 was for the spurious lien plus they extended the six years to nine years.
When I paid to satisfy the judgment, for attorney fees and cost on October 27th, paid in full with case number in the memo, my check was sent to the new attorneys then returned back to me. When I paid the new attorneys on Oct 31st the check was returned to me I wrote in the memo “forced cure payment paid in full as non-member”. Finally I sent a cashiers check with nothing in the memo, they accepted that.
I now consider the POA as THIEVES they underhandedly Stole my money 14 K, but I saved my property. Never, never did I pay for fines or violations, this is a huge lie if you hear this disregard it as false witness by the POA. Never in the 38 years I have lived here was I in violation for anything. Why the POA has such hate for those that tell the truth is beyond confrontation. I feel sorry for them, their sins will not get them into the pearly gates.
WE THE PEOPLE We are not willing to deal with the harassment, defaming of homeowners GOOD NAME , forced to join the DHPOA or suffer the consequences of their wrath, prejudice bestowed on homeowners is overwhelming, being singled out as dissenters that find ‘To Whom It May Concern’ spurious liens on their property, for non-payment of assessments, as other non-payee homeowners have no lien on their property. They have money, I guess that protects them.
In addition, I filed this document ‘ CERTIFICATION OF RESCISSION OF DHPOA COVENANT, POLICIES,BY-LAWS, LIENS’ reception #730622 with Teller County Clerk and Recorder on 10-13-2020 and with Teller County Court on 10-14-2020. It should be noted that 13 liens were filed by the POA, the most liens in the history of Teller County, thanks, David Rusterholtz.
A quote from a friend “It wasn’t about dues or justice it is all about the power to force people to submit and cower to their bully boy tactics. I think you dodged a bullet fired by a bunch of outlaws. Good going. It pays to stand your ground when you know you are in the right Feels good eh?”
Respectively,
Diana Foraci DHHOA
September 10, 2020. Florissant
