Post by Admin on May 28, 2015 9:31:58 GMT -5
This was emailed this morning to BOD, will be followed up with Hand Delivered signed copy of Certified Original.
Since it is a Demand Letter, it will likely be turned over to Brown, GaGaKnees et all for a response.
May 28, 2015
TO: SLohA Board of Directors (micdonedee@slrmail.com,jayeRite7@gmail.com,blackburntomi@yahoo.com,dinodoc3@slrmail.com, and Stmbug Ixx Inc (stambaughinc@verizon.net
FROM: Ron Caporale, 107 Beaverkill & 96 Silversides
RE: Land Use Change Application to Polk County and “Cease & Desist” Demand
This correspondence comes as a result of the recent post-KK meeting sponsored by the SLohA Board of Directors on May 25, 2015. Many questions were asked and answered relative to the interaction of past and present business dealings between SLohA and Kay c Ntwerk/stabs.
It is apparent that, due to the Board answers to Question #2 regarding expenditure of owner funds on KCNetwork's business, the Owners' assessment funds are being diverted by SLohA board members to the use and benefit of Kay c Ntwerk and/or Bb and Virginia stab. These funds have been spent on engineering and administrative services, legal fees, insurance, funding to Reserves, tower maintenance and SLohA employee labor and materials solely for the benefit of the operation of a privately-owned business conducted by KCNetwork on SLohA common properties and from a residential neighborhood parcel, 28 Grayhackle.
According to the Covenants, the board has the authority to levy assessments ONLY for Corporation-owned amenities. Further, Association amenities cannot be reduced or burdens added without due process of member notifications and written consents spelled out under governing documents and/or common law.
Pursuant to statements made by Bb stab and representations made repeatedly by the SLohA board members in response to several Official Records Requests, there is no documentation of any agreement, contract or partnership association between SLohA and KCNetwork. Therefore, SLohA does not own any part of KCNetwork's infrastructure, devices, equipment or services and it is operating solely as a for-profit corporate entity unlawfully sited on S-bag properties. Accordingly, you are hereby demanded to “Cease and Desist” expending Owners' monies on KCNetwork's business from this day forward.
Additionally, you are demanded to retract and revoke the Land Use Application made by D Brnd and Bb stab on behalf of SLohA to Polk County Land Development. Bb stab, a parcel owner, has no standing to make such a request on behalf of Members and the Board does not have the authority, by Covenant or common law, to unilaterally and without due process, represent the interests of the SLohA membership and propose alterations and changes to the common properties in the subdivision PUD. Such conduct constitutes an intent to unlawfully seize property in which 787 parcels have an equity interest and have not consented to assignment of interest. Therefore, you are demanded to remove KCNetwork;s communications towers from S-bag common properties and cause KCNetwork to cease conducting its commercial enterprise from within the subdivision.
Sincerely,
Ron Caporale 107 BK and 99SS
Via Certified Mail, Hand delivery to 499 S-bag Lake Rd and corporate email addresses
TO: SLohA Board of Directors (micdonedee@slrmail.com,jayeRite7@gmail.com,blackburntomi@yahoo.com,dinodoc3@slrmail.com, and Stmbug Ixx Inc (stambaughinc@verizon.net
FROM: Ron Caporale, 107 Beaverkill & 96 Silversides
RE: Land Use Change Application to Polk County and “Cease & Desist” Demand
This correspondence comes as a result of the recent post-KK meeting sponsored by the SLohA Board of Directors on May 25, 2015. Many questions were asked and answered relative to the interaction of past and present business dealings between SLohA and Kay c Ntwerk/stabs.
It is apparent that, due to the Board answers to Question #2 regarding expenditure of owner funds on KCNetwork's business, the Owners' assessment funds are being diverted by SLohA board members to the use and benefit of Kay c Ntwerk and/or Bb and Virginia stab. These funds have been spent on engineering and administrative services, legal fees, insurance, funding to Reserves, tower maintenance and SLohA employee labor and materials solely for the benefit of the operation of a privately-owned business conducted by KCNetwork on SLohA common properties and from a residential neighborhood parcel, 28 Grayhackle.
According to the Covenants, the board has the authority to levy assessments ONLY for Corporation-owned amenities. Further, Association amenities cannot be reduced or burdens added without due process of member notifications and written consents spelled out under governing documents and/or common law.
Pursuant to statements made by Bb stab and representations made repeatedly by the SLohA board members in response to several Official Records Requests, there is no documentation of any agreement, contract or partnership association between SLohA and KCNetwork. Therefore, SLohA does not own any part of KCNetwork's infrastructure, devices, equipment or services and it is operating solely as a for-profit corporate entity unlawfully sited on S-bag properties. Accordingly, you are hereby demanded to “Cease and Desist” expending Owners' monies on KCNetwork's business from this day forward.
Additionally, you are demanded to retract and revoke the Land Use Application made by D Brnd and Bb stab on behalf of SLohA to Polk County Land Development. Bb stab, a parcel owner, has no standing to make such a request on behalf of Members and the Board does not have the authority, by Covenant or common law, to unilaterally and without due process, represent the interests of the SLohA membership and propose alterations and changes to the common properties in the subdivision PUD. Such conduct constitutes an intent to unlawfully seize property in which 787 parcels have an equity interest and have not consented to assignment of interest. Therefore, you are demanded to remove KCNetwork;s communications towers from S-bag common properties and cause KCNetwork to cease conducting its commercial enterprise from within the subdivision.
Sincerely,
Ron Caporale 107 BK and 99SS
Via Certified Mail, Hand delivery to 499 S-bag Lake Rd and corporate email addresses
