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POA Fabricated Letter

To clarify, the hearing that I as Petitioner attempted to gain justice on March 20, 2019. Was not a lawsuit, not asking for monetary compensation! As a homeowner, I was asking for the spurious lien to be removed. Since I was not a member of the POA or ever paid dues. I assumed I was grandfathered since I purchased my property before any association existed.

Druid Hills POA

The POA twists the truth, beyond boundaries. When a person lies they waste everybody’s time. The word Mandatory Association, Mandatory Dues, or Enforcement never came up at my hearing. Or in the judge’s rulings! The judgment stated the lien was not spurious’ and it was mandatory to pay attorney fees. That is public knowledge for all to see.

The oral judgment by Judge Sells was within his discretion. In favor of the POA! Since ‘the POA had been in operation for so long and nobody took them to court’. According to one of my attorney’s verbal statement. The judge did not care what ‘was said’ at the hearing, he had his mind made up! All the homeowners that supported our side at the hearing can substantiate.

Letter DHHOA

Attention Homeowners,                                                                                                            May 30, 2021

During a Pandemic, the Property Owners Association (POA) has sent out a POA Fabricated Letter full of untruths. Twisting the facts, demanding your money for dues, or else. See paragraphs 4 & 6. That show how malicious they are-it’s all about the money collected from homeowners in the Druid Hills Subdivision.

As the Declarant Member of the Druid Hills Homeowners Association DHHOA. I wish to live here in the Druid Hills Subdivision without lies and deception from the other association. The POA that seems desperate to get money, anyway, they can. Want to stop the harassment by refusing to pay dues to the Property Owners Association! This works for many wealthy people in this subdivision. Ask the POA how much money do you have? Warn them with a lawsuit, how deep are your pockets?or else leave me alone!

TRUTH

Another deception by POA

The truth is in 1971 the Property Owners Association (POA) did not exist; that is, only the developers filed their original covenants in 1971. Reception # 210514 with Teller County Clerk & Recorder when they developed this subdivision for Filing No. 1.  The POA Declaration of Covenants of June 29, 2001. Reception # 520066 did not get the majority vote. Making their protective covenants invalid and in violation of our original covenants the developers of this subdivision created in 1971.

Formation

Fraudulent

Moreover,  from the beginning in 1985 their fraud to deceive homeowners was overwhelming. Their formation to incorporate on Dec.11, 1985, did not get consent or a single vote verbally or on any record. The POA stated they got the majority approval in 1986 in their newsletter, which was a huge lie. Then the POA attempted to re-write, amend the original covenants in 2001. The 2001 Declaration reception No. 520066 was invalid and did not supersede the original declaration. Because the POA did not get the majority vote to pass their ‘2001 Declaration’. Even after they cheated not following the rules. See reception # 723313 Votes. a complete record. Of By-Laws, Voting Role of POA, Property Database Records 2001, and the Votes on June 29, 2001. With Teller County Clerk & Recorder.

Filing 2

Votes

Filing 2 ‘Opted Out’ of all covenants on June 24,  2002, reception # 535390 filed with the Clerk & Recorder. Winning the majority vote of 22/23 a victory against the POA reception # 536825 on July 31, 2002. Still the POA refuses to admit they cheated on the voting and lost with only 16 votes.  The POA only voted twice in their entirety. Misrepresenting our subdivision, ‘2001 Declaration’, and on July 31, 2002, reception # 536825 for Filing No. 2. Both times the POA did not have the majority vote to win. 

Voluntary Association

The POA is not a mandatory association! homeowners, ‘ are invited to join’, stated in their newsletters numerous times. Still they collect dues? Ignoring them does not work, because they ignore you then get their attorney to steal your money.

Financials

Not Disclosed

Furthermore, the POA board members refuse to release their financials when requested. Or supply anything to real estate brokers when the POA demands dues on closing. Hidden financials and incomplete accounting is typical behavior by the POA, this is not operating in good faith C.R.S. 38.33.3-113. Must maintain accurate and complete accounting records C.R.S. 38-33.3 209.5

Attorney Letter

Not substantiated

The ‘Attorney Letter’ sent out to all by Mr. Payne is discrediting and untrue. The Druid Hills Homeowners Association (DHHOA) is legitimate ‘valid’ as Diana Foraci is the Declarant Member. With Declaration of Covenants reception# 689976 and Addendum reception #730622.

Subsequently, I am registered with both the Secretary of State and the Department of Regulatory Agency. My 39 members voted to abolish the POA for misrepresentation of our subdivision. See Article of Dissolution reception 715344 & 719812 with votes. And the Certification of Rescission of DHPOA Covenant, Policies, By-Laws, Lien, reception # 730622.

Diana Foraci, represents the DHHOA, that the POA refuses to recognize. They continually slandered my good name. Lied about me for decades and have assassinated my character for their own benefit.

Operating Not in Good Faith

Deceptive Behavior

The POA singles out people they hate. Causing them harm and anguish representing themselves as the good guys. As they threaten to take your property or steal your money. Paragraph four and six in the ‘POA Fabricated Letter’ sent on May 25, 2021, exposes the POA true self.

As I have demonstrated the truth numerous times on my website https://aboutdruidhillshoa.com

You can see my valid credentials licensed with S.O.S. and registered with D.O.R.A. Evidence, and documents for your review as the truth.

Respectively,

Diana Foraci

Diama Foraci, DHHOA

https://aboutdruidhillshoa.com

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

Comments welcome about POA Fabricated Letter on website: https://aboutdruidhillshoa.com

Correspondence that may help others understand the full impact of the sequence of events. From the only attorney that has helped me fight the POA attorneys and saved me from losing my property

My Attorney

Correspondence

From: Mark Francis
Sent: Sunday, December 13, 2020 9:03 PM
To: ‘Kate M. Leason’
Subject: RE: Diana Foraci
Hello,
I understand from my client that the check she tendered has not yet been negotiated and the lien not yet released.  Can you please let me know why?  The case was dismissed without prejudice but the claims are not subject to re-filing as my client fully performed the settlement. 
Please let me when your client will release the lien as Ms. Foraci fully complied with all requirements.  It’s time to wrap this up.  Thank you,
Mark

More Correspondence

From: Mark Francis
Sent: Wednesday, December 30, 2020 9:41 AM
To: Kate M. Leason KLeason@altitude.law
Subject: FW: Diana Foraci
 Kate,
As of December 1, you indicated you would draft the dismissal docs and the release of the notice of lis pendens. We understand the case was since dismissed (without prejudice) and the lis pendens was released.  My client tendered the full amount to your office before Thanksgiving, and yet the check she tendered has not been negotiated and the assessment lien not released.  This email follows my prior one of December 13.

I am not sure what else could possibly be needed from my client at this time.  At this point in time, the assessment lien is a spurious document as it has no legal effect with the holding of funds by your client.  Your client was paid in full and has a duty to release the lien whether or not your client ever negotiates the check.  The debt has been fully satisfied.  As you know, my client has very good remedies for suing to remove a spurious lien document including actual damages or a minimum damage amount and attorney’s fees. 

A dismissal without prejudice is the same as with prejudice in this case as my client’s full performance makes any more steps in that case frivolous, groundless, baseless and a violation of Rule 11.  At this time, my client is demanding that your client immediately release the lien to avoid a new lawsuit on the spurious document.

I’d appreciate a very quick response so this can be finally ended. Thank you,
Mark

Threat to Sue

In March 2021, their attorney threatened a lawsuit against me for slander because of my filed documents with Teller County Clerk and Recorder, but they had no grounds to sue me

From: Mark Francis]
Sent: Wednesday, April 21, 2021 2:37 PM
To: ‘diana foraci’
Subject: RE: POA attorney letter

Ms. Oppenheimer,

I am responding to your letter to Ms. Foraci dated April 2, 2021. 

I do not see a legal basis for your claims against my client. 

The recorded documents are not spurious nor do they slander title because property purchases and sales continue. To take place and title insurance is routinely issued by the insurers for those transactions.  No one is suffering detriment by virtue of the recorded documents.  With no legal injury to anyone, there is no basis for claims against Ms. Foraci. 

The recordings also do not support any Consumer Protection Act claims.  That act only applies when a “person engages in a deceptive trade practice” of the type listed in the statute. And engages in that action “in the course of the person’s business, vocation, or occupation”.  There is no “business, vocation, or occupation” involved.  That statute does not apply to Ms. Foraci. 

We ask that the Board refrain from more of these unfounded allegations against my client. As they waste time and resources that are better allocated elsewhere.

Mark

Need Help

Contact my attorney for legal help

Mark D. Francis, Esq.

1880 Office Club Pointe, Suite 1000

Colorado Springs, CO 80920

719-265-6900

About DruidHillsHOA

I'm Diana Foraci, a 41 year 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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