reb

Thank you! Yes I know it is nuts ! But a Judge in court ruled they were an legal association .

Strange this board wrote they used Robert Rules!

So now we have to deal with by-laws !

By-laws written to give them a endless time as officer of the Board .

and to give there reason that another person can not take office ! 

America In The Dark ! This crap goes on ! 

Because the group of people declared themselves an association  They did not have 51% to favor them ! no by-laws written !

A water-bill proxy came to ones home stated no reply the proxy would be used as they desired.

Acting association sent out proxy requesting approval of their private written by-laws be approved and adopted.

The lack of response to proxy gave them favor votes !  Now they declared that their by-laws were now adopted!  

Even years after they amended that by-law and again without a favor support of majority members !

Is this legal? By-laws can be forced on members ? 

I think even using the forceful proxy had to be approved in a majority voted set of by-laws first ! 

What is your take on this subject ? Does association need to start from scratch on the beginning of By-laws

 during meeting a election of officers  on the board and after conclusion of votes 

When does the new officer take chair? 

What does the old officer do?

Does the board vote if so on every issue?

by-laws dispute or amendments?

even officer votes?

Do they make motions? 

The by-laws were not excepted by property owners .

The group knew if dues were not paid by 50% they would never get the support for by-laws.

A Judge in court ruled they were an legal  formed association . 

In that case the by-laws might be part of the legalness. 

The property owners wants to take over the power hungry officers of 15 years. rotating amount themself.

Once before they told a property owner voted in that in their by-laws you could not be a officer if dues were owed!

So even if this is in a set of good by-laws how do you get past this argument.

More then 50% are against them and would give proxy to amend by-law ruling .

How do you do this and it be binding.

Must be beginning of meeting so that a new vote for officer can be honored! 

How would you word this ? 

The  POA  association yearly meeting  keeps it unknown date , location, and time

But DCC&R states   A meeting second week of  October 2019 !

The association only invites small group with a short window.

This allows the association to have more control with less witness .

Then they write minutes declaring their voting of business had a Majority of votes.

This year property owners wants to gain  back control .

New blood as officer but to do this they need to discredit bylaws 

First set of by-laws  were a private set and by sending proxy 

stating failure to answer was automatic giving them approval to adoption of by-laws.

The association by-laws states ( never seen only quoted at meeting)

No voting  or electing an officer that is not currant on dues.

per many members will not pay dues as protest .

  Money issues or dues has noting to do with voting in DCC&R. 

Property Owner will be contact for as many of local people to attend

but many owners live out of state or in poor health will need proxy..

Question:

Do proxy have a timely limit?

Can you have permission to use proxy  meeting only,  months , a year out as needed?

Can you make motion and have proxy votes ready to be used?

 Can motion to vote and use proxy requesting an emergency acceptance at meeting?

Can a amendment to by-laws be requested to be used as  emergency activation  at that meeting?

Can an emergency  motion with proxy in hand that By-laws not be used until its approved and adopted 

by Property owners of 51% majority ? 

The by-laws were written by the private group  every year they either rewrite or amend with out any approval. 

Each year another property owner tries to take over office and get new blood  for board members .

Each year they make reason  why others can not run for office .

Property owners told that the (not written in DCC&R) reason  used was in their private by-laws.

Can the board write by-laws  or amend  without a majority vote .

Also every member on board votes  and  then count show of hands . 

DCC&R reads one vote per property owned.

If property owner has several lots  then one should  raising  hand reflex all votes.

POA in Texas did not get formed by developer and DCC&R said developer had a choice ( If Form)   Developer said not without majority votes to favor. Majority votes never formed this association. 

Under the name of the association, a judge ruled they were a legal association. 

 Property Owners must respect judge decision and honor them as an association?

Can bylaws be used and amended by the board only?

Can the board write the bylaws and amendments to be used if not approved by majority vote? 

Can a Judge make a ruling that they are a legal association turn to the legal association? 

Would Judge ruling make an association then unapproved by majority bylaws forced?

Not written in DCC&R can it be put in bylaws if with no majority vote?

Do you make a motion to accept the proxy ? Should the proxy say motion on it? Does any board have the right to say they don't qualify to be a officer?

Bylaws is made by board and amended  by board to their needs .  Never had 51% approved bylaws does members make a motion not to uses bylaws ?

can proxy ask yes and no question ?  making a motion to use proxy yes (ya)  or no (Na) be covered in meeting ? 

Do you make a motion that bylaws be written and approved by majority of members? Every amendment to bylaws  be approved by majority?

The DCC&R has no restriction about the type of qualification to be voted to be a officer How do I motion to go by DCC&R?