A PLACE TO BE
Wednesday, October 8, 2014
EXECUTIVE MEETING ABUSE?
Using the Regular Meeting Minutes I did some research that owners might find interesting. In an eight year summary from March 2002 thru April 2011, the Executive Meeting average was one out of every three Regular meetings. Then on May 30, 2011, the Texas State Legislature revised Property Codes of the Texas Uniform Condominium Act Chapter 82 which led to retroactively adding on January 1, 2012 thirteen new provisional laws to the Condominium Act Chapter 81.
Since our Declaration of Covenants states that Chapter 81 shall be in full force, one of the retroactive Provisions that improve owner rights is what I believe Directors Gunderson, Pelletier, and Steffensen wanted our Directors to now obey.
That Provision is 82.108 section “B” which states, “meetings of the association and board must be open to unit owners, subject to the right of the board to adjourn a meeting of the board and reconvene in closed executive session to consider actions involving personnel, pending litigation, contract negotiations, enforcement actions, matters involving the invasion of privacy of individual unit owners, or matters that are to remain confidential by request of the affected parties and agreement of the board. The general nature of any business to be considered in executive session must first be announced at the open meeting.”
Am I wrong to believe our Board has neglected the Provision’s entirety? For example, before retreating into Executive Session, does this Provision’s last sentence towards what’s being discussed just ask a board to disclose the general nature of business like pending litigation or the general nature of “any” business which would need to be each lawsuit that’s in pending litigation? To this day our Board has been doing the former. A second example, while a Board is in Executive Session, does this Provision state a board may discuss pending litigation or any subject that can remotely touch on a legal matter, past, present, or future? To this day our Board has been doing the latter.
One might also be surprised to learn there’s been an Executive Meeting in each and every Regular Meeting since May of 2011. Yes, each and every meeting, a 300% increase from the previous eight years. In addition, it’s odd that since February 2013, the Minutes have not recorded what the Board was to discuss in their Executive Sessions? Technically that means either these Minutes are incorrect or our Board is not complying with Statue 82.108 section “B”.
In September’s meeting we heard certain Directors argued for examples of what issues they may have discussed other than pending litigation and personnel. So let’s go there.
First off, are these directors wanting owners to believe that while they were in their last 18 Executive Sessions that totaled 1145 minutes, they only talked about three pending lawsuits or about someone who works here? Really! Especially when there’s been little happening in these lawsuits the last 18 months and no one seems to have been reprimanded or fired in personnel.
Secondly, do these directors wanting examples need any more proof than their own Board President freely admitting he let inappropriate discussions take place? What, did he somehow misspeak in the last meeting?
If more than this is needed, we have what was recorded in the Minutes on what the Directors described as discussion topics or the Motions they immediately passed after each Executive Session......
Absences, resignations and vacancies of Directors.....Ramona’s orientation.....Security expectations on issuing passes.....Sending of a Healthcare Letter to Aramark.....The employees use of amenities.....Changing the manager’s office.....Review of manger’s credit card usage.....Seeking of new legal services specializing in real estate and litigation capabilities.....Getting a second legal opinion concerning the contract with Mr. Freeland.....Adding of “LIV manage rental property only” to a motion regarding visitors viewing rental property.....The sending of letters to the owners of lots 671 and 384 requesting that they appear before the board.....Sending letters to an individual and to Aramark because certain procedures are not being followed.....The sending of a “request for qualifications” to law firms that handle real estate and litigations......The asking of attorney Garcia to set up a town hall meeting......To award $800 net to LIV’s business manager.
Want more? OK.
President Guerra announced a Management Contract Committee and a Management Evaluation Committee had been formed while in Executive Session.
Apparent discussions to hold a future dredging meeting with Freeland.
To hire a certified peace officer.
To reallocate $120,000 from the infrastructure fund towards the purchase of a new CD and secure $120,000 from the Edward Jones account in order purchase a new $100,000 CD and transfer $20,000 into LIV’s Operative Fund.
There’s a lot more but I feel the points been made.
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8 comments:
This is Vita Sherry speaking: I am appalled that this has been allowed to happen! We all need to wake up and insist that our Board members follow the law! N o more executive sessions unless they meet the letter of the law! Can't wait to get back down to Texas to meet the Board face-to-face!
Unfortunately I am to the point where nothing this Board does surprises me. Some of them feel that they are above the law and they unfortunately own the deciding vote. Hopefully March will bring together a legitimate majority.
To the list of those, as you eloquently address in your post, please add the names of all the offenders from the Incident Reports, especially the habitual offenders and all others who ignore our rules, regs and covenants!
As someone in another post wrote,"NOW is the time, YOU are the people"!
To all the offenders from the Incident Reports!!
"UNITE" we must.
We must stand together to hold off Miss Piggy and Honey Boo-Boo and their army of Rat Finks!
Ammo is low, all we have left is a belly full of beer and two bags of flaming dog poop.
Isis has less rules and regs!
The " Queen Leader" with the black heart has left the Park
Remember our motto " never give up-never surrender"
Stay thirsty my Friends
WOW Joe, can't believe you allowed the post above! Obviously the writer was FAR from thirsty when that piece of disgusting slander was written. "Ammo is low", really! You allow threats like that on your blog! Very disappointed!!
Dear disgusted,
It sounds like I nicked a nerve!
I guess you figured out who I was referring to?
That was not slander, that was hitting the nail on the Head
Slander is when you file an incident reports that are just made up day after day.
If it makes you feel better there is no ammo and was no ammo?
The parking lot??
The DOD are most likely nice people.
But half couldn't make a circle with a cereal bowl and a crayon.
No one resigned?
Raul had a hissy fit and stopped doing the minutes!
The fix for that is now "WE" pay someone to type them
Pound salt!
Thanks Joe
Never give up-neversurrender
Slander: the action or crime of making a FALSE spoken statement damaging to a person's reputation. The incident reports are printed in the LIV news by Security, when they cite someone for speeding or parking on someone's property without consent of owner or violating any rules that were developed to help us live in an organized society, surely they have determined the rules were broken. Seems there are those who believe they have the right to violate the rights of others for their own desires and then spew lies and slander people trying to hide the truth that they are indeed the ones to blame. The manner in which they live their own lives is clearly an indication of the quality of their character, morality and ethics so it soon becomes clear to others what their motives are and supporters begin to drop away and their once held "power" in the community crumbles. Then we all get to watch the dance of these desperate people to regain new followers. those who may be desperate for social affiliation and believe the lies and slander until they realize the lack of character of the greedy, self servers and also move along. Unfortunately the power hungry become even more desperate so hopefully there really is NO ammo!
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