A PLACE TO BE
Tuesday, November 10, 2015
TIDBIT ON THE REMOVAL OF DIRECTOR CHAMPION
After Director Vasquez shared to all owners at the November 4th Regular Meeting that Bob Champion as Director was twice tardy on his assessments, the Board was split 3-3 at accepting a forced resignation penalty.The President broke this tiebreaker by accepting the resignation thus removing Director Champion.
Article IV Section 4 clearly states no member whose been more than thirty (30) days delinquent on an assessment payment shall continue to serve on the Board, but one needs to ask why wasn’t this Bylaw enforced the first time he was delinquent or for that matter when a different Director who was known to be over thirty days late?
Article IV Section 4 doesn’t say a Director may not serve on the Board the second time assessments were over thirty days late. So once again owners find Directors picking when and choosing as to who they wish to enforce Village laws upon.
Some have said that Directors not doing their first duty in exercising all powers specifically set forth in the March 2005 Restated Declaration, in these March 2005 Restated Bylaws, the Articles of Incorporation of this Corporation, and in the Condominium Act is far worse than any Director paying their condo fees late.
So why is there this absence of that need to hold be Directors to a higher standard when it comes to this?
Comments
List of suspected lack of enforcement.
Article VII on rental policy?
Declaration’s Article X use of common ground substantial additions and material alterations?
Bylaw Article V Section 7 that says the Secretary is to keep the Minutes to all meetings?
Bylaw Article VI Section 4, that enforces the Board’s fiscal management decisions such as the “Determination of Assessments” by the Board on 1/28/1998, 12/13/2000, and 3/17/2004 earmarking a current total of $408,576 to the Village’s Reserve Fund a.k.a. Major Project Improvement Fund / Infrastructure Fund from condo fee assessments?
Bylaw Article X at following the correct procedure to amend the Bylaws?
Obeying new Sections of the Revised Texas 2012 Condominium Act on the taking of Minutes in meetings and proper executive meeting procedures.
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7 comments:
Joey, could you please explain what you mean regarding:
Bylaw Article VI Section 4, that enforces the Board’s fiscal management decisions such as the “Determination of Assessments” by the Board on 1/28/1998, 12/13/2000, and 3/17/2004 earmarking a current total of $408,576 to the Village’s Reserve Fund a.k.a. Major Project Improvement Fund / Infrastructure Fund from condo fee assessments?
Specifically, what are the “Determination of Assessments” you refer to on those dates?
Thanks!
The way I read Article VI (Fiscal Management)Section 4 (Determination of Assessments) saying the Board of Directors shall FIX and DETERMINE assessments necessary for the Common Expenses of the Condominium Property and these Common Expenses shall include the expenses for maintenance, repair or replacement of the Common Elements. Funds for the payment of these Common Expenses shall be assessed against the Unit Owners and said Assessment shall be payable as ordered by the Board of Directors. This enforces that on those dates in 1998, 2000, and in 2004, our Directors ordered the owners to pay a FIXED and DETERMINED amount of their monthly assessments, which now total $407,576 annually, into a Reserve Fund a.k.a the Major Improvement/Infrastructure Funds, but find over half never gets there because Directors say they can use it elsewhere in the budget.
Sorry, but I don't remember a Reserve fund assessment, aka Major Improvement/Infrastructure Fund, in 1998 or 2000, other than the purchase of the rental operation and real estate from Outdoor Resorts, and a Road Reconstruction project. Nor do I remember any Condo Fee increases from 1996 through 2001?
Meeting Minutes
1/28/98. A motion was made by Crawford, seconded by Langford to put 3.3% of the condo fees into the Reserve Funds monthly. Motion passed. There was no end time stated for this in the Minutes.
12/13/2000, Motion made by Westcot, 2nd by Voss to rescind the assessment previously passed by the board. Motion passed. Motion by Zylman, 2nd by Stabler to raise condo fees $25/month, from $150 to $175, subject to the conditions listed above. Motion passed.
The Minutes show conditions above this were to earmark $15 towards Village repairs that cannot be used for anything other than the previous assessment list unless it has the majority of board approval and $10 towards operating costs. To date Minutes show that no Board majority has approved this specific earmark being use elsewhere.
Thanks Joey, I remember now, except for the condo fee increase of 12/13/2000, as I was already gone by then.
Joe
can you list the vacancies on the board as to time remaining per seat and who held them ?
My understanding Bud is that will be 7 vacancies to be filled and each term will be determined by the number of votes each one receives.
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