Monday, October 8, 2018

Ballot Fraud in the Falmouth Airpark

 
Ballot fraud has reared its ugly head occasionally here in Massachusetts.

https://www.heritage.org/voterfraud/search?state=MA

The Attorney General always responds to these things aggressively.

The fur flies, people go to jail, and when the dust settles the integrity of the ballot is for the most part preserved.

So what happens when ballot fraud occurs in a Homeowners Association?

When the integrity of your real property is at stake?

Ballot manipulation has resulted in probably the most significant change to the deed restrictions that run with our land in the Falmouth Airpark.

It resulted in this HOA (homeowner association) having homeowners believe they can be Fined by the HOA.

And that collection of those Fines can be accomplished by foreclosing on the permanent lien on their property.

Some background is required:

The original deed restrictions, written by the developing entity, had a reasonable dispute resolution process.

There was no power to fine.

The permanent lien was exclusive only to collection of the annual assessments.

But that changed, and it was done by some extreme stretching of the definition of the word "ballot". 

I have copied the minutes of the HOA meeting where the intention to manipulate the ballot was recorded.


https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3Ac0003b8f-39b2-40db-aa32-2f79ee2ec2c2

I recently purchased another lot in the subdivision and no way will I accept the (several) invalid deed restrictions now imposed upon it.

The facts:

1. The amendment to the deed restrictions that run with our land, allowing the HOA to fine residents, that was put to a vote of owners and the manipulation of that vote resulted in an invalid amendment.

2. The re-purposing of the permanent lien to collect fines, subject to no vote or any documentation at all, is invalid.

3. These alterations of the deed restrictions must be removed from our deeds.

Further, if the HOA has ever threatened, levied or collected fines from any homeowner or lot owner, I believe this would meet all the elements of fraud.

Fraud:

When my deed restrictions were altered regarding Fines, I received a letter that not only threatened my property with Fines, but also explained how this new power came about.

I was informed that the vote to amend the deed restrictions was "overwhelming in favor of the fine system"

https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3Ac20294e1-f8f9-470c-b6cb-3ca2abae4677

I did a little investigating into this "vote", and I was indeed overwhelmed.

This HOA is in a fiduciary role in its relationships with homeowners.

It is required not to intentionally misrepresent facts like the one above.

In fact, the bar is even higher than that.

Not only can they not lie about how the restrictions that run with our land are altered, they cannot even remain silent about it!

Breach of fiduciary duty, by reason of silence/non-disclosure.


The FAHA website has posted the minutes of their meetings for years.....Except those minutes containing evidence of ballot fraud.

After several requests, these minutes have FINALLY been posted.

I am interested in how other property owners in this subdivision feel about the alteration of our deed restrictions due to ballot fraud and other nefarious means (see the enormous satellite dish on the front lawn of a former board member).

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