This letter was sent to us via Wayne’s family. Wayne, as you’ll remember, is the ham who staged a sit-in at the top of his radio tower to protest his homeowner’s association.
When I moved here I agreed to become a member of a landowners association which included sharing the cost of maintaining the roads. However, I did not agree to become a member of a homeowner’s association and all the restrictions that go along with it. My bond for title says I am to be a member of a landowner’s association—not a homeowner’s association.
The biggest injustice, I feel, that was done was when the judge ruled that there is no difference between a homeowner’s association and a landowner’s association. (Especially since the homeowner’s association wasn’t formed until after I purchased my land.) I feel the judge made an error in his ruling. He said he didn’t know the difference between a homeowner’s association and a landowner’s association.I feel if he didn’t know the difference then he should not have ruled until he found out. I believe he should withdraw his ruling because the paperwork I was given for a landowner’s association is different from the paperwork members of the homeowner’s association were given.
I believe that there has been fraud, deception and people intentionally misled concerning the River Falls Homeowner’s Association. The way I read the law, they are acting without authority. Plus one man in their association has the power to do what he wants – even if all the rest of the members vote against him. He is putting extreme hardships on my family and knows this and still calls it – in his own words – “progress.”
The homeowner’s association claims that their power comes from amendments to the plat. I have spoken with at least fifteen lawyers and paid two abstract companies to look and the plat and any amendments to it. They all examined the plat and said that there are no restrictions on it! The judge ruled that there are restrictions on the plat. I feel he made an error there also.
My case is still pending; the next part of the trail is set for February 5, 2007.I have no lawyer to represent me at this time and if I lose this case I will more than likely loose my home. My wife and I need help. Please pray for us and let the Lord do his will with us in this matter.
Thank you,
Robert Spires Sr.
For more information and if you want to donate to his cause, feel free to visit Wayne’s website: http://manonatower.blogspot.com/
In the name of freedom and all that is right, lets pile in the Oldsmobile and head down to Alabama and open up a Hamsexy sized can of WHOOPASS on the leader of Wayne’s HOA. Beat the shit outta him with a section of Rhon 25 and a piece of RG-8 until he gives up. I swear, I’m glad I don’t live within a HOA, if I did and they threatened to take and sell my house I’d barricade myself inside and shoot anyone who tried to take it.
Better yet, I’ve got hardline it’ll take the leader down.
What really sucks is he is being made to suffer and possibly at the very least compromise on his hobby because of a damned HOA that came in existence because a damned subdivision sprung around him. He should solicit those dick headed fags at the ACLU, this would be right up their alley and would give those worthless pieces of shit something real to do for a change.
I don’t quite get it. Why didn’t he simply move, instead of incurring so much lawyer expense that he’s at risk of “loosing” (sic) his house?
I was once in a similar situation…bought a place with an officially extinct HOA. A few years later, some fellow homeowners decided to revive it. Such was not legal, however, it appeared a legal case would start at $20,000…meanwhile my home value had gone up $80,000, so I sold, and moved to a place with rural zoning, where everybody is PROUD to not have an HOA.
In life, you have to know how to pick your battles…I would have passed this one right by. Most protests are losers for the one protesting.
i dont know where you live but we live in rural area and we never had a hoa in the frist place when we moved here there was no roads are power are water we all had to bring our water from town we lived in a 18 ft camper with the small kids we all hads hard out for some one to come along and just take it from us we were proud to live out here untill the dr bought out here we all are fighting for our right we are not the only ones fighting
AT BOOK 10 PAGE 12 WAS FILE ON OCT 25,1989
THERE IS no restriction on plat only genral notes. no state seal
Donna spires enter into bond for title agreememt on may 10,1990
She agree to become a member of river falls landowners association
—————————-
not a homeowner association
warranty deed file apr 8,1992 at 10:13 am for riverfalls ,Alabama general partnership
john e moore file his warranty deed march 29 1993 at 10:49:am
Coosa river paddling club deed file march 22 1994 at 11:14 am
In 1995 Feb or march we refuse to modify our bond for title to include restrictions and to join the home onner assoiciation
We made a counder offer to pay our land off .and to receave a deed with no restriction
And the wadsworth agree to our requst they receive our money in full in march.1995
DONNA SPIRES BOND FOR TITLE FILE JUN 21,1995 AT 8:18 AM with excerpts
From restrictions on river falls subdivision: WHICH IS DIFFERENT FROM THE ONES FILE JUNE 30,1995 on the plat their was no restriction only generl notes the engirnear wrote.
ARTICLES OF INCORPORATION OF RIVERFALLS SUBDIVISION HOMEOWNERS,S ASSOCIATION, INC FILE JUNE 30,1995 AT 11:59 AM plus deeds already file in 1992-1993-1994 some three years befor Articles were file.
Donna spires WARRANTY DEED FAX TO MY LAWYER JULY 14,1995 AT 9:33
AMENDMENT TO PLAT RESTRICTIONS FILES JULY 14.1995 AT 10:58
THERE IS NO RESTRICTIONS ON THE PLAT TO AMEND
THEY ALSO SAID THEY OWN LOT 12 WHICH WE HAD A COPY OF DEED ONE HOUR AND 25 MIN BEFORE THEY FILE THE AMENDMENT plus deeds already file in 1992-1993-1994 no amendment or correction to plat or plat,s were file.at this time.
DONNA SPIRES WARRANTY DEED FILE JULY 31,1995 AT 12:55PM
Setember 25.1996 letter receive from John J. Davis attorney at law which is mrs spires
Attorney states that the admended plat restrictions covenants in the bond for titlev were
Not the same as contained in the amended plat restrictions file on july 14 19,95 file by the riverfalls association. SAID POSSIBLE LEGAL ACTION against riverfalls association for breach of contract and fraud. In SWANSON V. GREEN 572 SO.1246 (ALA. 1990) THE FACTS ARE EXACTLY THE OPPOSITE OF YOURS
LETTER to The honorable betty bobbitt byrne from attorney john j. davis mrs spires lawyer. Ref. To a letter from john Enslen to mrs betty bobbitt
Stateing mrs spires was not interested in modifying the original sales contract and that letter datted april of 1995 some three months befor the amended plat restrictions were file
My position is that the deed that was executed on are about july 1995 IS NOT the sole
Memorial of the parties agreement due to fraud and/or mistake by river falls association
Swanson v. green 572 so. 1246 (ala.1990). the fact situation is the exact oppositate in that the bond for title contained restrictive covenants but the deed did not.
Letter to john davis dated October 30,1996 from betty bobbitt byrne
She states she mrs betty bobbitt byrne receive a copy of the original declaration of covenants,conditions and restrictions which was recorded back in 1988. she states she has
Reviewed them and compared them with the amended plat restriction and recorded homeowner,s assoiciation articles which was filed in 1995.
==============================================================xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx====================================================================
Donna spires entered into a bond for title with river falls on may 10, 1990 two years after the original plat restrictions were recorded. ??????????????????????????????????????????????????
The article most pertinent to your client,s concern is contained in the original restrictions
ARTICLE VI, SECTION 3, READS this declaration may be amended by an instrument
Signed by not less than ninety percent of the lot owners the other should have had the right to vote they wasn,t ask are knew any thing about it.
================================================================================================================================
NOTE
SERVIAL PEOPLE HAVE SEARCH FOR THE ORIGINAL RESTRICTIONS +ARTICLE RECORDED BACK IN 1988 THEY CAN NOT BE FOUND it was found in that they was not file. they was diference fromthe one i fle with my bond for title.
I hate to say this – in legal matters, if grammar and spelling are that bad, then you will not be taken seriously. I mean it – I have seen a LOT of cases get tossed because one or the other combatant was so illiterate that it was hard to decipher what they wrote.
It would help your case immensely if you got someone to proofread your writing before making it a matter of public record.
I hate the “grammar police” as much as anybody, but in legal cases, it DOES become part of the evidence used against you if you appear to not have a good grasp on the language.