Romans
13:9
The commandments, "Do not commit adultery," "Do not
murder," "Do not steal," "Do not
covet," and whatever other commandment there may
be, are summed up in this one rule: "Love your neighbor as
yourself."
WELCOME TO
THE HOME PAGE
OF THE
W.A.T.C.H. NETWORK!
We Are
The Cedar
Ridge Homeowners
A Forum For Freedom and Liberty!
After Reading the Legal
Disclaimers, Scroll Down For Our Home Page Background Briefing....
IMPORTANT LEGAL NOTICE
- READ FIRST BEFORE PROCEEDING: Any
visiting or use of this site (including, but not limited to, just
reading it) constitutes FULL AND COMPLETE
acceptance of our Terms of Use and other policies as herein stated
and hereafter amended. Please scroll quickly down to
the bottom of this page to read our partial Legal Disclaimers and
Terms of Use policies before using this site in any way. Legal Disclosure & Disclaimer - Important to read
first and completely!
ADDITIONAL LEGAL
NOTICE TO THE CEDAR RIDGE ACRES HOMEOWNERS ASSOCIATION (C.R.A.H.A.),
IT'S SUPPORTERS, LEGAL REPRESENTATIVES, AND ALL CRAHA AFFILIATES:
OUR ATTORNEY HAS BEEN IN COMMUNICATION WITH THE CRAHA ATTORNEY
GLEN PSZCZOLA ABOUT THESE 9-11 ITEMS, SO IT WOULD BE WISE
FOR CRAHA, (AND ANY AND ALL OF IT'S REPRESENTATIVES AND/OR
SUPPORTERS AND/OR AFFILIATES OF
SUPPORTERS, ) TO HEED AND COMPLY WITH THE FOLLOWING:
ATTENTION
CRAHA: SOME
9-11 ITEMS OF
PUBLIC
LEGAL NOTICE
to the
"CEDAR RIDGE ACRES HOMEOWNERS ASSOCIATION"
("C.R.A.H.A.")
1. STAY OFF
OUR PROPERTY
2. DO NOT
SAY OR WRITE ANY FURTHER UNTRUE THINGS ABOUT OUR BILL-PAYING
REPUTATIONS, OR EITHER OF OUR PERSONAL
AND/OR PROFESSIONAL REPUTATIONS
3. STOP
SAYING WE ARE MANDATORY MEMBERS OF THE CRAHA; OUR ATTORNEY SAYS
WERE NOT LEGALLY OBLIGATED, IN ANY WAY, TO CRAHA, AND THAT CRAHA
HAS NO LEGAL RIGHT TO CLAIM TO BE A MANDATORY HOMEOWNERS
ASSOCIATION!
4. DO NOT
SAY OR WRITE (OR THREATEN TO SAY OR WRITE) ANY FURTHER UNTRUE
THINGS ABOUT US TO ANYONE. INCLUDING (but not limited to,)
OUR NEIGHBORS, OUR FAMILY AND/OR FRIENDS, OUR
ATTORNEY, CREDIT AGENCIES OR BUSINESSES, COUNTY
OFFICIALS, LAW ENFORCEMENT OFFICIALS, RECORDERS, OR ANY OTHER
GOVERNMENT OFFICIAL
5. WE ARE NOT IN AGREEMENT WITH CRAHA, THEREFORE, DO
NOT ACCESS OUR PROPERTY, DO ANY WORK ON, OR EFFECTING, OUR
PROPERTY, THEN BILL US , OR FRAUDULENTLY STATE THAT WE ARE
IN AGREEMENT WITH CRAHA; WE ARE NOT AND HAVE NEVER BEEN IN
AGREEMENT WITH CRAHA, INCORPORATED, AND WE HEREBY DISPUTE ANY
AND ALL CLAIMS, AND/OR ALLEGED JUSTIFICATIONS FOR SUCH
DISPUTED CLAIMS, MADE BY CRAHA (and/or its supporters, attorney,
representatives, and any affiliate of such)
MADE NOW OR AT ANYTIME IN THE PAST.
6. STAY
AWAY FROM OUR UTILITY LINES AND
DO NOT FURTHER DAMAGE OUR PROPERTY
7. DO NOT
CUT ANY OF OUR TREES OR NATURAL VEGETATION AND OR FURTHER
DAMAGE OUR PRIVACY SCREENS AND/OR BUFFERS
8. DO NOT
SPRAY TOXIC CHEMICALS ON OR NEAR OUR PROPERTY OR IN OUR
NEIGHBORHOOD ENVIORNMENT
9. DO NOT CALL,
WRITE, OR CONTACT US IN ANY WAY, AND BY ANY MEANS, INCLUDING
EMAILS OR POSTS
In addition to the "9 Points of Public
Notice" to the CRAHA, we require the following:
10. REMOVE ALL ILLEGAL OR
DISPUTED FILINGS: CRAHA must immediately begin action to
remove the filing which may have clouded our property title,
the so-called "Assignment of Road Maintenance
Agreements" from Talmo to CRAHA, which we
dispute pursuant to the Fair Debt Collections Practices Act, the
Fair Credit Reporting Act, and Washington State (and Federal Law)
regarding the LEGAL filing of real estate documents with county
auditors/recorders.
11. DO NOT MISREPRESENT
FACTS CONCERNING CRAHA: CRAHA needs to be informed that
if they misrepresent their authority to a neighbor/supporter,and
in turn that supporter of CRAHA violates ours (or any other
neighbor's) property rights (or other legal rights,) CRAHA may be subjecting that neighbor to legal liability, (or
CRAHA to legal liability to any unsuspecting neighbor that CRAHA
may have mislead), if CRAHA misrepresented facts concerning their
alleged mandatory authority or their alleged collection rights to
collect alleged "debts."
Sincerely,
Douglas J. Bunge and Lori I. Bunge
Property Owners; "Cedar Ridge Acres"
Homeowners Road Maintenance Agreement
October 07, 1991
click here for the satirical
"No King of Our Road"
---------------------------------------------------------------------------------------------
Home Page Background Briefing....
PROTECT RURAL FREEDOM IN PORT ORCHARD,
WASHINGTON!
This website is a place where property owners and residents in our neighborhood that is
known as the Cedar Ridge Acres can freely express their
views and opinions regarding our neighborhood. Also a place
to obtain accurate information about the issues facing our
community regarding our roads.
Many of us have grown to not like or accept the way things have
been handled in our neighborhood by the alleged mandatory
homeowners association named the Cedar Ridge Acres Homeowners
Association ("CRAHA"). This was first brought
to our attention by one of the founders of the original,
Voluntary CRAHA, Mr. Mike McInnis, (past
Vice-President of the Cedar Ridge Acres Homeowners Association)
in
early November of 2005.
The original Cedar Ridge Acres Homeowners Association was
intended, according to Mr. Mike McInnis, to be a VOLUNTARY
H.O.A. allowing for VOLUNTARY PARTICIPATION by our
neighbors for the sole purpose of providing an orderly way to
collect VOLUNTARY contributions to maintain the
roadways. Yet since it was originally incorporated (and at
least one of the recorded ROAD MAINTENANCE AGREEMENTS, namely
OURS, does NOT ALLOW for an INCORPORATED
ASSOCIATION, or anything less than UNANIMOUS APPROVAL of
all actions and/or collections for road maintenance, including,
but not limited to, the setting of a dues structure or the
planning of road projects, or for any changes to the Agreement(s),)
according to Mr. McInnis to watchnetwork.org,
"we knew we could not require MANDATORY participation
of property owners..."
Yet beginning in approximately 2004, first CRAHA
"President" Ray Harries, then now CRAHA
"President" Richard Mathews, have tried
to change CRAHA into a MANDATORY H.O.A., yet with quite a bit of
resistance. Yet do they have the right to change
it? Us, along with our attorney say NO, (and other
attorney(s) and neighbors may also!) CRAHA should be left as
a voluntary HOA, and (since the road is paved,) DISSOLVED!
BACKGROUND: PAVING THE ROADS.....TOO GOOD TO BE TRUE.......
I'll be the first to admit that I was under a false impression
with regard to the current CRAHA leadership several years ago. I
went out to the front of our property and found them chain-sawing
down quite a number of our frontage trees that did not
impede the flow of traffic and that were part of our NATURAL
VEGETATION BUFFER according to survey.
We received NO PHONE CALL or REQUEST FOR PERMISSION from both of
us as LEGAL OWNERS. When my wife asked them to stop, they refused and said they had a
right to because of CRAHA's "By-Laws." THEY EMPHATICALLY GAVE THE IMPRESSION, BY BOTH WORDS AND ACTIONS,
THAT THEY HAD A RIGHT TO CHAINSAW AND HAUL AWAY OUR TIMBER. YET
OUR ATTORNEY HAS EMPHATICALLY SAID THEY DID NOT HAVE THE RIGHT TO
CHAINSAW AND HAUL AWAY OUR TIMBER.
They then EMPHASIZED HOW WONDERFUL A NEW PAVED ROAD WOULD BE!
WHO WOULDN'T THINK A PAVED ROAD WOULD BE WONDERFUL! No more
pot holes! Cool I thought. At what a price. Great!
According to CRAHA, it would be a mistake to let Kitsap County
control the neighborhood roads (even though we pay property taxes
every year, and continue to.....) CRAHA HAS CLAIMED ALL
ALONG THAT IT JUST WANTS WHAT'S BEST FOR THE PROPERTY OWNERS.....
My wife and I have lived in this area for almost 8 years now,
and moved here in order to enjoy a quiet, rural and simple environment, after
moving from the hectic city. We have voluntarily and
faithfully paid our road maintenance dues every year, under
the impression (promoted by CRAHA) that we were to pay them, and
no one else, for road maintenance. We even paid CRAHA
(again, due to what may later be determined by a judge to
have been potential misrepresented facts on the part of CRAHA)
approximately $2,292.85 for an equal share of
the paving cost because Ray Harries and CRAHA threatened to place
a lien on our real property if we did not pay, even though we
never consented to have our roadway real property paved. We
never consented to have CRAHA do any work on our real property!
Harries collected DOUBLE road maintenance dues from us, claiming
that he had a right to collect an UNEQUAL amount from us. Then,
Ray Harries attempted to collect a DOUBLE amount for paving from
us. When we resisted, he then said approximately $2,199.25
was our NEGOTIATED amount for both properties, all the while
acting like he had mandatory authority over us.
THE RUBBER MEETS THE ROAD: VOLUNTARY AND MANDATORY
AT THE SAME TIME!
The paving of the road was VOLUNTARY at least that's
what they said before paving. Then, SHAZAM,
the road was paved and now it's MANDATORY. How does that
work? You go figure. Not only is it now MANDATORY, according
to their published letters, if you do not pay "your part,
" they'll put a lien on your land or use the name of the
Sheriff of Kitsap County to forcefully "sell" your real
property in an alleged "Sheriff's sale" (Attorney
Glen Pszczola letter, dated September 06, 2006, to
"non-supporters, alleging liens placed on 5 properties on
Bobcat Lane SE.) According to one Cedar Ridge neighbor,
these threatened "liens" have not been substantiated or
proven to actually exist. So, does such a threat constitute a
potential "misrepresentation of facts" as defined in the
Fair Debt Collections Practices Act?
HANDS OFF FOR KITSAP COUNTY
click here for the satirical"No King of Our Road"
Then to top it off, only 2 inches please, the road isn't to be
handed over to the county as was made very clear according to the
road maintenance agreement set up over 10 years ago. I also find
it interesting that at craha.org
this is on the front page. So if it's not their intent, why is it
there?
My other major concern regarding CRAHA is their claim of
authority over our/your land. That's right, they claim to have
authority they do not have. If you noticed when you
signed your deed at closing, this all important statement that Ray
Harries refers to in his letter dated Feb. 27th is no where to be
found. This supposed all important statement is ONE SENTENCE
tucked away obscurely in something known as a "real estate
contract." What the heck is a "real estate
contract" and does it give Harries legal authority to form a MANDATORY
homeowners association AFTER THE FACT (i.e. after real
estate closings, etc.?) Good question!
HARRIES AND THE SO-CALLED "AUTHORITATIVE"
SENTENCE FOR NEIGHBORS
Ray Harries claimed in his February 27, 2006 letter to
"Members" that a ONE SENTENCE QUOTE from a real estate
contract forms the basis for his alleged authority as the
President" of a 'MANDATORY" CRAHA. Ray Harries said the
following:
"Most importantly, a condition was placed on all lots
as follows: "THERE EXISTS OR THERE MAY BE FORMED FOR
THE BENEFIT OF THE PROPERTY OWNERS A HOMEOWNER’S ASSOCIATION TO
MAINTAIN THE ROADS AND STORM DRAINAGE FACILITIES IN THE PLAT WHICH
BUYER AGREES TO JOIN AND PARTICIPATE IN". This is
such an important covenant on our land that I took the time to
check the chain of title of several association members on Harland
and Woodchuck who have failed to support our dues structure for up
to ten years and those other members who claim that our
association does not exist. They are mistaken." -
quoted from craha.org
They are not mistaken, rather he is! The following information
is reliable and accurate according to competent legal counsel,
period!
A BIG DISPUTE: In a
May 11, 2006 letter from CRAHA attorney Glen Pszczola, the CRAHA
attorney reiterates the questionable "real estate
contract" authorization for CRAHA, then mentions other
one-sentence quotes from other obscure real estate documents,
possibly in order to "piece meal" some authority
for CRAHA.
Yet our recorded Road Maintenance
Agreement of October, 1991 SUPERCEDES many (if not all) of
the documents Pszczola may have "piece-mealed" his
client CRAHA's alleged authority from, and as mentioned in
Pszczola's May 11, 2006 letter. ALL this very questionable
"piece-mealed" authority allegations have been made
"AFTER THE FACT;" after CRAHA took actions that ARE
NOT SPECIFICALLY PROVIDED FOR PER RECORDED LAND DEEDS, ROAD
MAINTENANCE AGREEMENTS, or by even some of the documents they
potentially misquote and potentially misapply, AND AS AN
INCORPORATED HOA, (which is SPECIFICALLY contrary to our ROAD
MAINTENANCE AGREEMENT,) our attorney believes this is all highly
questionable from a legal standpoint.
WE, THEREFORE, hereby, and
have, PERMANENTLY DISPUTED, pursuant to the FAIR DEBT
COLLECTIONS PRACTICES ACT, The Revised Code of Washington (making
nonconsensual common law liens UNENFORCEABLE, ) the Fair Credit
Reporting Act, State and Federal laws barring MALICIOUS, FRIVOLOUS,
OR VEXATIOUS PROSECUTION OR LITIGATION, and other state and
federal consumer protection, (and other) laws, ALL OF THE CLAIMS
OF THE CEDAR RIDGE ACRES HOMEOWNERS ASSOCIATION, RAY HARRIES,
RICHARD MATHEWS, GLEN PSZCZOLA, and by any and all SUPPORTERS OF
CRAHA, including (but not limited to,) any and all of their
residential, business, (or other ) affiliates.
They are not mistaken, rather he is. The following information
is reliable and accurate according to competent legal counsel,
period!
A real estate contract is an legal agreement between
two or more parties (as named IN the agreement; all parties must
SIGN the real estate contract to make it binding) usually for the
purchase and/or financing of a piece of real property, and is
usually between a BUYER and a SELLER. For example, Crown
Properties/Talmo was a SELLER party in a number of real
estate contracts between itself and BUYERS of lots in our
neighborhood. In Harries February 27, 2006 letter to
"Members," he quotes ONE SENTENCE from a CROWN
PROPERTIES/Talmo ("Seller") and "Buyer" real
estate contract (interestingly he does not SOURCE REFERENCE his
quote) and emphatically suggests that such real estate
contract gives him the MANDATORY legal authority to set up and run
his MANDATORY CRAHA.
LOOKING FOR AUTHORITY WITH A MAGNIFYING GLASS
Also, Ray Harries' quote from said real estate contracts, 9and
the other possibly "piece-mealed" documents he and the
CRAHA attorney may have attempted to use as authoritative,)
are vague, unspecific, inapplicable, and has nothing to do with requiring a membership to a
MANDATORY Home Owners Association! His claim that the ONE
SENTENCE QUOTE mandates for a MANDATORY HOA is obviously ultra
vires of that contract (ultra vires meaning "exceeeding
the limits" of the contract. ) and against the
restrictive terms of our Road Maintenance Agreement. Taken in
context, that language in the real estate contract is PROVISIONAL
rather than a REQUIREMENT, and was set forth to allow
for a possible VOLUNTARY HOA (since the
language DOES NOT state a MANDATORY HOA, it is therefore NOT
legally safe to ASSUME a MANDATORY HOA.)
MISSING COVENANT,
CONDITIONS, AND RESTRICTIONS FOR AN alleged MANDATORY CEDAR RIDGE
ACREAS HOMEOWNERS ASSOCIATION!
click here for the satirical
"No King of Our Road"
Furthermore, since again no separate "Covenants,
Conditions, and Restrictions for Cedar Ridge Acres Homeowners
Association" were filed and recorded with the
Kitsap County Auditor/Recorder's Office at the time of CRAHA's
establishment in 1995, and again, it was established as a
VOLUNTARY HOA, Harries is exceeding the language and meaning
of the contract. According to Mr. Michael McInnis, the
original CRAHA intended for financial contribution for maintenance
and repair dues was to be VOLUNTARY. According
to Mr. McInnis and his legal counsel, at least 2 of the
recorded ROAD MAINTENANCE AGREEMENTS (as does ours) REQUIRE
UNANIMOUS APPROVAL OF ALL OWNERS before the setting of a
"dues structure," collection, liens, etc. FOR
EXAMPLE, EVEN THE ENTERING INTO THE HOMEOWNERS ROAD
MAINTENANCE AGREEMENT of October 07, 1991 ITSELF REQUIRED UNANIMOUS
SIGNATURES OF ALL PROPERTY OWNERS, INCLUDING INDIVIDUAL SIGNATURES
OF BOTH HUSBAND AND WIFE!
REALLY RESTRICTIVE AGREEMENTS THAT REALLY DO EXIST!
Our existing, recorded Homeowners Road Maintenance Agreement is very restrictive;
ONLY AN UNINCORPORATED ASSOCIATION IS ALLOWED, UNANIMOUS, SIGNED APPROVAL of ALL OWNERS
(both HUSBAND AND WIFE) IS
REQUIRED FOR ANY ACTION, any monies collected ARE TO BE COLLECTED EQUALLY,
IRREGARDLESS OF THE SIZE OF THE OWNERS PROPERTY.
(Harries has attempted to collect DOUBLE DUES and even DOUBLE
PAVING PAYMENTS from Owners. Yet in our case, our two
properties were originally ONE PROPERTY at the time of the signing
of the Homeowners Road Maintenance Agreement.) Again,
our Road Maintenance Agreement DOES NOT ALLOW FOR UNEQUAL
MANDATORY COLLECTIONS!
Furthermore, according to our legal counsel, Ray Harries does not
have any mandatory authority to collect any monies from Owners;
pursuant to the Homeowners Road Maintenance Agreement or
existing "chain of titles." According to Counsel,
his claims are unfounded.
According to Mike McInnis, there were a number of PRACTICAL
reasons why the original real CRAHA was established.
Again, it was difficult to get the REQUIRED UNANIMOUS APPROVAL of
all the Property Owners. SINCE IT WAS HIGHLY UNLIKELY ANY
OWNER WOULD VOTE TO FINANCIALLY ENCUMBER OR LIEN THEMSELVES (and
to violate the Agreement could constitute BREACH OF CONTRACT)
under the Road Maintenance Agreement, getting Owners to
unanimously approve mandatory dues was difficult. According to
Mr. Mcinnis, THERE HAS NEVER BEEN A UNANIMOUS VOTE FOR A DUES
STRUCTURE under the Homeowners Road Maintenance Agreement of
October 07, 1991.
There WAS a unanimous vote in October of 1991 to enter into the
Homeowners Road Maintenance Agreement, filed in Kitsap County
October 07, 1991. Yet again, this recorded Agreement
was obviously constructed to give every Owner an equal say in
any mandatory road maintenance or repair. THEREFORE, AN
EXTREMELY FAIR AND EQUITABLE, UNANIMOUS CONSENSUS WAS REQUIRED OF
ALL OWNERS UNDER THE AGREEMENT, INCLUDING UNANIMOUS APPROVAL OF
BOTH HUSBAND AND WIFE. Such a fair term of our
Agreement is certainly consistent with the community property laws
of our State of Washington, in full effect at the time of our
closing. According to Mike McInnis, the formation of the REAL
VOLUNTARY CRAHA was simply a more convenient way to collect
VOLUNTARY dues in order to maintain and repair the roads;
not necessarily to pave it or do other pet projects (although,
that would have been possible, again, through VOLUNTARY means
and/or with UNANIMOUS, SIGNED APPROVAL of ALL PROPERTY
OWNERS so effected.) As we have stated, the real
estate contract does not apply to subsequent purchasers
anyway!
THE "MERGER DOCTRINE" AND TWO-PARTY REAL
ESTATE CONTRACTS
Our competent legal counsel has wisely advised us that due to a
well-established principal of law called the "merger
doctrine," when the real estate contract (Harries quoted
from) was FULFILLED ( through a STATUTORY WARRANTY DEED -
FULFILLMENT of August 17, 1998) and through a subsequent
sale closing, "pay-off" of loan, etc. THE TERMS OF
THE REAL ESTATE CONTRACT "MERGED" INTO THE TERMS OF THE
DEED, AND THEREFORE the terms of the real estate contract WERE
EXTINGUISHED BY THE NEW TERMS OF THE STATUTORY WARRANTY DEED.
In essence, the terms of a statutory warranty deed can
(but not necessarily DO) run with the land, whereas the
terms of a real estate contract are just between the signing
parties to the agreement, and can be subsequently "extinguished"
by the superceding terms of the statutory warranty deed (that is
awarded to the SELLER at a sales closing, so that he or she
then has the legal right to {in turn} sell his or her
property to his/her BUYER.) IF THE TERMS OF THE REAL
ESTATE CONTRACT ARE NOT SPECIFICALLY TRANSFERRED INTO THE
STATUTORY WARRANTY DEED OF FULFILLMENT, THEN THEY ARE EXTINGUISHED
BY THE NEW LANGUAGE AND TERMS OF THE STATUTORY WARRANTY DEED.
Again, this usually happens at a real estate closing, (when
the original property purchaser now becomes the SELLER,
pays off his or her real estate contract loan, and is issued his
or her STATUTORY WARRANTY DEED OF FULFILLMENT, in order
then to SELL his or her real property to the current
BUYER, who then is issued their own STATUTORY WARRANTY DEED,
as is the case of a Buyer who purchases property with a mortgage.)
Remember, this all happens at a real estate closing,
and has the effect of EXTINGUISHING the original terms of
the real estate contract (unless SPECIFIC terms are SPECIFICALLY
TRANSFERRED into the Statutory Warranty Deed of Fulfillment.)
According to our legal counsel, only the terms of the Statutory
Warranty Deed ("the Deed") can be binding upon
future purchasers. We say "can be" because that
would depend on a number of other legal principals that
can be discussed in future articles.
REAL COVENANTS VERSUS FALSE COVENANTS
As a matter of principal, real property covenants are more
difficult to enforce the older they are, or if they are
controversial, contradict, or are inconsistent with existing,
current law; as is sometimes the case with the (oftentimes
considered) archaic concept of "equitable servitudes"
(English common law) and other difficult to enforce, vague and
ancient legal remnants of the past. (REMEMBER:
CONSULT WITH YOUR ATTORNEY FOR ANY SPECIFIC QUESTIONS REGARDING
ANY POINTS OF LAW DISCUSSED HEREIN ON THIS WEBSITE.)
Of course, there are examples of "old"
covenants (as is the MARRIAGE COVENANT, GOD'S COVENANTS
WITH HIS PEOPLE, etc) that many in our Society believe to be JUST
AS ENFORCEABLE/VALID AS TIME GOES BY. The obligations of
these "legal and binding covenants" DO NOT
necessarily diminish with time. Of course REALLY
decent folks feel REAL SYMPATHIES towards the REAL victims
of "broken marriage covenants," etc., but
...we are talking "real estate property rights" herein.
WE JUST WANTED YOU TO KNOW THAT WE BELIEVE IN THE CONCEPT OF REAL
COVENANTS; WE JUST DO NOT AGREE WITH FALSE COVENANTS.
Furthermore, NO "Covenant,
Conditions, and Restrictions for the Cedar Ridge Acres Homeowners
Association" or for a MANDATORY homeowners
association, were ever recorded in Kitsap County (with a unique
Auditor's File Number, or "AFN".) The
CRAHA existed for nearly 9 YEARS as a VOLUNTARY 501c3 NONPROFIT
CORPORATION for the collection of VOLUNTARY road maintenance and
repair dues. According to, and verified by
Mr. Mike McInnis, the original Board Members set up a VOLUNTARY
corporation because they felt it would be easier to collect VOLUNTARY
dues versus seeking the REQUIRED UNANIMOUS APPROVAL of all
Owners (as some of the Road Maintenance Agreements, that ARE
LEGALLY BINDING, REQUIRE.) any time money or
work was needed for the roadway.
According to our legal counsel, it is clear that Ray
Harries does not possess any legal authority whatsoever to run a
MANDATORY CRAHA, conduct any activities related to such, or
to record any legally-questionable documents AFTER THE FACT which
may cloud any Owner's clear and legal title.
NO "IMPLIED AUTHORITY" IN THE LAND
click here for the satirical
"No King of Our Road"
According to competent legal counsel that concerned neighbors
have collectively and individually sought, the alleged Cedar Ridge
Acres Homeowners Association, "President" Ray Harries,
Attorney Glen Pszczola, or any CRAHA board member have no
legal authority when it comes to mandating you or I to pay
anything to CRAHA.. Of course, our opinion as
stated herein on this website DOES NOT and CANNOT substitute for
the advice of your legal counsel, but we did want you
to be fully and OBJECTIVELY informed and aware that there
are legal opinions concerning the alleged authority of CRAHA that starkly
contrast and greatly differ from those of Ray Harries,
Glen Pszczola, and the other CRAHA Board Members.
Please also be aware that if Harries, CRAHA, Pszczola, or any
CRAHA Board Member does not have legal authority to act on
behalf of our neighborhood, do nonconsensual
contracting/construction work, non- consensually access neighbors'
real properties, etc. then it may be very legally unwise for
any neighbor to aid or assist in such "activities."
According to former Voluntary CRAHA Vice President Mr. Michael
McInnnis, the CRAHA (established 1995-1996) was never intended
to be a MANDATORY homeowners association, due to the fact that
the originating board members KNEW they lacked the legal
authority to set up such a MANDATORY entity. AGAIN, THE
CRAHA WAS ORIGINALLY ESTABLISHED AS A 501C3 NONPROFIT VOLUNTARY
HOMEOWNERS ASSOCIATION FOR THE COLLECTION OF VOLUNTARY ROAD
MAINTENANCE DUES! This fact has been verified via
statements made to us by the reliable and reputable source
Mr. Michael McInnis, former Marine and former Vice President of
CRAHA.
MORE EXPENSIVE PET PROJECTS ON THE WAY?
My wife Lori and I, (as are other decent neighbors,) are
concerned about the future of CRAHA.. What other pet
projects of the current and evolved CRAHA are on the way and
at what cost to Owners? Does Harries feel he can force
nonconsensual work on property Owners when the legal authority
(for the current attempted establishment of a mandatory homeowners
association) is in legal dispute and potential litigation?
Does Harries (a licensed land surveyor) or Steve Hettema,
CRAHA Finance and Budget Board Member (a mortgage broker)
expect neighbors to willingly surrender their real estate (through
a threatened Kitsap County "Sheriff's sale") for a
light post, mailbox, street benches, or even one more inch of
asphalt? How does the current Kitsap County Sheriff feel
about his name being used in such a context? Our legal
counsel has strongly advised us that Harries, as the current
so-called President (and most visible and public figure) of
CRAHA, or any other CRAHA public Board Member, DOES NOT
HAVE ANY LEGAL OR GOVERNMENTAL AUTHORITY FOR MANDATORY ENFORCEMENT
OF ANYTHING OVER PROPERTY OWNERS and it is HIGHLY
QUESTIONABLE whether he should be sending out any letters
containing threats of foreclosure, liens, etc. (Please
reference information related to the FAIR CREDIT REPORTING
ACT and the FAIR DEBT COLLECTIONS PRACTICES ACT;
doing an internet search on these two laws will be very
illuminating!) We did not want to neglect to verify
these facts related to the non-authoritative position of
CRAHA, and we have done so a number of times with our attorney.
SUCH COUNSEL HAS TAKEN PLACE OVER A PERIOD OF NEARLY 2
YEARS; ever since our real property timber was nonconsensually
cut and hauled away and our natural vegetation buffer (that exists
according to survey) was nonconsensually cut and damaged by
Harries and his CRAHA "work crew" in July of 2004.
POTENTIAL ULTRA VIRES BREACHES OF EXISTING ROAD
MAINTENANCE AGREEMENTS
In addition, our utility lines were damaged and we lost utility
service 4 times (once on September 11, 2004) due to
CRAHA's careless grading along the shoulder lines of the
roadway. A telephone repairman who investigated the
damage verified to us that lost telephone service was due to the
grading WHICH WAS CONTRACTED BY CRAHA AND HARRIES. The
repairman verified to us that a number of other neighbors has lost
service the same day and also due to the careless grading. THE
LAW IS VERY CLEAR THAT UTILITY LINES ARE NOT TO BE DISTURBED
DURING ANY CONSTRUCTION OR EXCAVATION WORK and certainly does
not constitute "ROAD MAINTENANCE AND REPAIR"
and is certainly NOT in compliance with existing UTILITY
EASEMENTS and RIGHTS OF UTILITY ACCESS as outlined in a
number of existing ROAD MAINTENANCE AGREEMENTS. Furthermore,
the utility companies have verified to us that anyone who damages
the utility lines are liable to the utility company for
damages, etc (and probably to the utility consumer/property owner
also.)
WHO WOULDN'T LIKE A PAVED ROAD?
SURE, EVERYONE LOVES A PAVED ROAD...BUT LIKE EVERYTHING IN LIFE,
IT HAS TO BE DONE WITHIN THE STRICT PERIMETERS OF THE REAL ESTATE
AND CONSUMER PROTECTION LAWS!
So, should some CRAHA Board Members be able to force their
paved road and (other nonconsensual projects) on unwilling
property Owners via lien and foreclosure threats, (using,
in their published letters, the powerful office of the Sheriff of
Kitsap County and/or the color of law) in lieu of CRAHA's
disputed legal authority? Did they get the permission from the
Sheriff of Kitsap County to use his name and office in such a
context? Is that what "being a good neighbor" is
all about? We highly doubt Mr. Roger's would agree
with such tactics...we never ONCE saw Fred Rogers (on his TV show
MR ROGER'S NEIGHBORHOOD) say "won't you be my neighbor?"
and then threaten to lien his neighbor's property!
So we set up this website for those of us who have clued into
what's really going on with regard to CRAHA. A place to put
your views up and where it's ok to disagree with the way things
have been handled. Many Owners, like us, have invested a multitude
of hours and a multitude of dollars, both mechanically and
in materials, in the investment and improvement of our
properties. WE HAVE QUITE A CONSENSUAL LIEN ON OUR OWN REAL
ESTATE INVESTMENTS! Threatening the legally-held
investments of decent citizens for potentially frivolous reasons
is very unwise and can be quite controversial and/or highly
consequential. Assisting or aiding in such is also
consequential; please do not fall into any traps! Let
not the CRAHA controversy divide decent neighbor against decent
neighbor.
Please do not infer anything personally negative towards ANYONE
from the material at this site; none is intended. OUR
SOLE AND SINCERE INTENTION IS TO DISCUSS IMPORTANT PUBLIC ISSUES
IN OUR NEIGHBORHOOD, RESPONSIBLY PRACTICE OUR FREEDOM OF SPEECH,
EXERCISE, THE PROTECTION OF OUR PRIVATE PROPERTY RIGHTS, THE
PROTECTION OUR LEGAL RIGHTS, and (hopefully) the
protection of all YOUR important rights, too! "LOVE
THY NEIGHBOR AS THYSELF." THE TRUTH SHALL SET YOU FREE.
JOIN YOUR NEIGHBORS IN STANDING UP FOR OUR RIGHTS!
So please consider the material at this website carefully and
even prayerfully. Please contact us if we can assist
you with any necessary clarification of any confusion, or
with other concerns related to CRAHA, etc. We would also like to
have suggestions and ideas for Kitsap County control and
maintenance of the roads, since that was the ORIGINAL INTENT
of the LEGALLY BINDING ROAD MAINTENANCE AGREEMENTS i.e.,
handing it over to the county. Join the WATCH NETWORK - a
growing number of law-abiding neighbors in support of their
private property rights as protected by the Constitution of the
United States of America and existing state and federal laws.
We are for private property rights, a safe and secure
neighborhood, crime prevention and awareness, truthful
information, ethics, equity, and fairness for all neighbors.
Imagine a road that had been COMPLETELY PAID FOR prior to
paving, where the money was collected PURELY ON A VOLUNTARY
BASIS with no double messages ( WITHOUT some neighbors
put in the position of feeling taken advantage of) and without
threats or bad feelings. Yes...IT COULD
HAVE BEEN DONE DIFFERENTLY IF THE CURRENT, ALLEGED MANDATORY CRAHA
HAD COMPLIED WITH THE ORIGINAL INTENT OF THE REAL VOLUNTARY CRAHA
as originally established! The road could have been
voluntarily paid for (through "voluntary fund raising,")
THEN paved, THEN turned over to Kitsap County as originally
intended; done all within the proper legal
perimeters and within the existing legal limitations. Yet
according to Counsel, the current alleged CRAHA may have crossed
existing perimeters and limitations, ultra vires of existing
Agreements and Deeds.
The bottom line is, the end doesn't justify the means!
Sincerely, Mr. and Mrs. Douglas Bunge
DOUGLAS AND LORI BUNGE,
P.O. BOX 1522,
PORT ORCHARD, WASHINGTON 98366
253-857-2388
Email the WATCH NETWORK at watchnetters@yahoo.com
GOD BLESS AMERICA!
GOD BLESS AMERICA!
GOD BLESS AMERICA!
PLEASE NOTE IN YOUR EMAILS IF YOU WISH YOUR
VIEWS TO BE POSTED ON THIS SITE. EMAIL US AT:
watchnetters@yahoo.com
loreabbey@yahoo.com
bungefamily@cpurity.com
EMAIL GUIDELINES:
WE ARE A NEIGHBORHOOD NETWORK. All email sent to watchnetwork. org
to ANY of our affiliated email addresses, is considered
"public exchange" information. That means, it may
be shared with other participants of watchnetwork.
org.
All email marked as "confidential and
restricted" AT THE TIME THAT THE EMAIL IS SENT TO US may
be handled as private and confidential. YOU MUST BE
VERY SPECIFIC. YOU MUST INFORM US PRIOR TO INVOLVEMENT IN OUR
EMAIL NETWORK, AND PRIOR TO SENDING, OR RECEIVING, ANY EMAILS ON
OUR EMAIL NETWORK, THAT YOU WISH TO REMAIN CONFIDENTIAL,
otherwise, we will consider any interactions with the network to
be public exchange.
ALL RIGHTS ARE RESERVED for
all information written on the watchnetwork.org web site, and all
EMAIL UPDATES or any and all affiliated communications. YOU
MAY NOT COPY, PUBLISH, or DISTRIBUTE ANY INFORMATION, IN ANY
FORM WHATSOEVER, FROM the watchnetwork.org web site, ANY
OTHER WEB SITE ON bungechord.com, or any watchnetwork.org
EMAIL UPDATES or any other affiliated service or site, WITHOUT THE
EXPRESS AND WRITTEN PERMISSION of both Douglas J. Bunge and Lori
I. Bunge, and from any author quoted or hyper-linked site
applicable from the watchnetwork.org or bungechord.com web sites,
or any affiliated web site. Contact both of us for written
permission, if necessary.
UPDATED
May, 2006
September, 2006
October, 2006
All Rights Reserved.
2006 watchnetwork.org and bungechord.com
Douglas J. Bunge and Lori I. Bunge
click here for the satirical
"No King of Our Road"
LEGAL
NOTICE: THE SATIRE CONTAINED ON watchnetwork.org is
FICTIONAL, COMEDY SATIRE ONLY. ALL SATIRE ON
watchnetwork.org is just that, SILLY COMEDY SATIRE only, and
should not be construed as serious, literal, statements of fact.
No specific Homeowners Association is being described in any of
the satirical comedy as found in any area of watchnetwork.org. Any
references to HOA's is intended to refer to HOA's in general, and
NOT to any specific HOA. Please do make such inferences, or
let any such imaginings enter your head; just enjoy the
comedy! Any similarity to any person, whether living or
deceased, is not intended and is purely coincidental.
Return
to top of page
|