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Newsletter to Homeowners 2023

Greeting homeowners some good news for our community in Druid Hills Subdivision. An influential homeowner is asking questions about the illegality of the Druid Hills Property Homeowners Association. Not operating in good faith, and they seem reluctant to comply and ignore requests. Moreover, business as usual elevates as their poor performance to follow rules and regulations. Homeowners are mislead, deceived, and exposed to DHPOA abuse of power. Justice no longer recognized as objective, rather completely subordinated to the alleged needs and interests of the few. Homeowners properties questionably owned by individuals for their own personal profit demanding dues from Homeowners.

Dr. Michael L. Darby

1681 Upper Twin Rock Road

Florissant, CO 80816

Darby.mike@gmail.com

Letter to the President of DHPOA(in part)

Mr. James D. Gladish

President, Druid Hills Property Owners’ Association (DHPOA) Board of Directors

Post Office Box 91

Divide, Colorado 80814-0091

It has become apparent to me, that the Druid Hills Property Owners’ Association (DHPOA) Board (The Board), has become unresponsive to the needs and wishes of the property owners of Druid Hills 1 & 2. When a legitimate request to produce and disclose association records as required by the Title 38 Article 33.3. Those requesting the Association’s Records must deal with a purposely obfuscated response, if any, from The Board.

The Board’s responsibilities, as defined in Title 38 Article 33.3 are wide-ranging and answerable to the property owners that comprise the membership of the Druid Hills Property Owner’s Association (DHPOA).

The purpose of this letter, to compel The Board to discharge all their duties and responsibilities to the property owners. Furthermore, the DHPOA does not exist because The Board says it does. By filing Articles of Incorporation (AoI) with the Colorado Secretary of State (CSoS) and then registers with the Colorado Department of Regulatory Agencies (DORA), but only exists if the majority of property owners say it does.

Simple majority voted to dissolve the DHPOA

Furthermore, if so desired, that same majority of property owners can also vote to dissolve the DHPOA and thereby, in association, the board. Hence, the only proof that the DHPOA does lawfully exist, is the documentation that defines it. That accounts for all its financial matters, and the judicial underpinnings that the association members recognize and conform to. In short, The Board has “chosen” to incorporate Title 38 Article 33.3 as its judicial foundation and by doing so, must conform and execute its duties as defined in the CCIOA

CCIOA Required Production and Disclosure of Documents

The documents required for production and disclosure per 38.33.3-117 and other relevant subsections of Title 38 Article 33.3. Consist of both administrative, legal interpretations, and financial disclosures, listed herein.

  1. Correspondence between The Board and individual members, with any attorneys WRT the establishment of the Druid Hills Subdivision. As a Title 38 Article 33.3 Colorado CCIOA community. Specifically, the Declaration as defined and outlined by sections of the CCIOA 38-33.3-201 thru 38-33.3-205.

38-33.3-201. Creation of common interest communities.

(1) A common interest community may be created pursuant to this article only by recording a declaration executed in the same manner as a deed. And, in a cooperative, by conveying the real estate subject to that declaration to the association. The declaration must be recorded in every county in which any portion of the common interest community is located. And indexed in the grantee’s index in the name of the common interest community. And in the name of the association and in the grantor’s index in the name of each person executing the declaration. No common interest community is created until the plat or map for the common interest community is recorded.

Not a CCIOA Community is the question

The whim of a Board Member is not sufficient to cause the DHPOA to fall under the authority of the CCIOA. Given that the DHPOA was established as a Non-Profit Corporation in 1985. Well before the creation of the CCIOA legislation, and certainly before the CCIOA’s effective date of July 1st, 1992. It should further be noted, that if such a Declaration per section 38-3.3.3-205 not exist effecting adoption of the CCIOA’s authority over the DHPOA. That was subsequently voted on by the property owners, ratified, registered, and filed. The legitimacy of the DHPOA, not only as a CCIOA community, but the DHPOA as an organization itself comes into question. Druid Hills cannot become a CCIOA community unless such a declaration exists. Thus all actions taken by The Board citing sections of the CCIOA as their basis for creation and enforcement become null and void.

  • The name of the common interest community.

The association name, “Druid Hills Property Owners’ Association” does not designate nor create a CCIOA community, but rather a non-profit corporation. It is the name as designated on the duly filed Declaration per Title 38 Article 33.3.3-205, that does not appear to exist, that establishes the CCOIA community. Furthermore,The DHPOA Registered Agent, Mr. David Rusterholtz at the time of registration with the Department of Regulatory Agencies (DORA). Defined the DHPOA as a condominium association which is blatantly false.

  • A valid principal office per the CSoS, must have a street address and cannot be a Post Office Box where property owners can review DHPOA and Board records.

Assessment manipulation

I am aware of the previous lawsuit filed against the DHPOA on its legitimacy to exist, which the DHPOA prevailed. But, I am also aware that mandating assessments on property owners without a return on those investments. Then using Title 38 Article 33.3 to validate the activities of The Board against the property owners which form the membership of the DHPOA can be viewed as fraudulent and the process to enforce assessments as coercion.

Especially, if you consider that Druid Hills is NOT a Title 38 Article 33.3 (CICOA) community. Thus The Board’s use of the CCIOA to legitimize its actions and activities, forms the basis for legal action against the Board members. That participated in the development of creating and then allowing this process to manifest itself over the property owners. Furthermore, failure to act in the best interest of the property owners is a gross violation of our rights. And a flagrant disregard of the law and dereliction of duty on the part of the Board members.

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About DruidHillsHOA

I'm Diana Foraci, a long time 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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