writing an argument against the group of "less informed persons" that think they can use texas business code to remove our hoa board of directors in oone fell swoop.
while i was a director 2x and i have no love loss for current directors...it still does not change texas law
we had a group( 2 current directors at the time, that were chicken to bring up with the board) go to a woman in may that is easily manipulated and she filed a case in court to get a TRO to stop the annual meeting and stop a vote for new directors on expired terms.
she was told, ballots coming in via mail or email were unsecured and the lady in the office was counting to see what results would be in favor of her husband or not
all of course were false as ballot via mail come in 2 envelopes the inner one states its a ballot and is sealed so it all gets dropped into a secured locked mini vault
no way she could see the ballots
email ballots go to a secured account that has only one access point and its not accessed until the day of the meeting and all are printed off, it takes FOREVER to verify those votes as most also mail or vote in person, even the acces records are printed and filed in the record.
tex law requires in hoa and pao, with exception of condo hoa poa
that ALL ballots can only be cast by members.. and ballots have to be verified agaisnt the master list , so there is no secret vote . as it is.. each ballot must be signed and listed property etc. then those are verified by 5 random people chosen at the annual meeting the day of the vote via lottery ticket given to each person as they enter the building
this is overseen by the president and witnesses for each candidate.. so cheating is impossible
proxy votes are allowed, provide teh proxy is signed by the member and is verified the person is an actual member.
easy peazy
but this crazy woman failed to follow notification of poa that there was an emergency court date only hours before the annual meeting, she cited she sent an email to an employee and posted on facebook
thats one.
the other is the judge issued a tro to halt the vote until such time a formal hearing could be held in 2 weeks time. thats OK
he also stated 2 diretors be placed in tempoarily as the 2 were about to exspire.. this is WRONG and he cannot change our by laws or section 209. where as directors are elected a 3 year term and will remain in office until all votes are tallied and new directors are certified.... that makes small delays or unforseen meetign reschedules easier to manage
but he also ordered the vote to be rescheduled 14 days in future..which he has not the cause to change section 209 of property code as notification to members is 10 days to give notice so people can add their names to ballots
plus no sooner than 45 or later than 60 ballots have to be mailed out and all the members must be notified via thier email if on file and address of record and posted at the main poa building entrance
the court does not have authority to re write state law section 209 of property code.
so the day of the meeting the board decided in good cause to postpone the annual meeting and vote until after the next real hearing in 21 days
the ballots were preserved and locked in a vault with security tape over all openings and each director signed over the tape. and it was then locked in a gun cabinet at an officers home. the annual meeting covered evey thing but the vote.
but the outrage was plenty..for some kept insisting the judge ordered the ballots destroyed.. which he did not.
so fast forward 3 days the judge over turned his own TRO citing he had no cause to change section 209 , when the POA attorney outlined quite well the law and how its designed.
he also at the 21 day hearing tossed her case out, because the poa is a corporation and she sued the named members and a few employees vice the agent and the agent was never notified by a process server etc
and he had no cause in a case of corporate law where as the plantiff failed to follow the law and procedures to file such a case, and propery notifiy the agent and prove any malfeasence
now the turkeys are running around stating the poa board denied or refused to follow the judges initial TRO. they state, but not CITE the TRO stated to destroy the ballots in the vault.. judge never put that in his TRO.. i have the certified copy of the clerk
plus NO JUDGE woul dever or could tell an entity to destroy EVIDENCE or records, poa hoa are requred to keep all records at least 7 years in detail...even cast ballots and elections
we do this quite well as its alwasy being requested for review by conspiracy nuts in mor nieghborhood
so tomorrows meetign of the crazies should be fun, as the guy running it likes to file harrassment suits agaisnt people that disagree with him or prove him wrong in public... ENTER poweboatr
i cant wait to read the courts tro and ask him in public where it states to destroy records....which he keeps stating on his facebook and posted bills around the village.