HV BOARD ATTEMPTS END RUN 
TO LEGITIMIZE THEIR CURRENT VIOLATIONS

BOARD PROPOSES 11TH HOUR ASSOCIATION BYLAWS AMENDMENT TO HEAD OFF POTENTIAL ELECTION DISASTER

Lawsuits in Huntington Village are flying and nerves are at a fever pitch.  If you've been watching, you have seen a Director recently resign and two-stepping in the association office that is at record levels. An annual Director election is approaching this coming September in Huntington Village and most communities and retiring directors would be relieved to see the new blood of new people preparing to take the helm.  That would normally be the situation, but this is not a normal year for the HV Directors. 

Prior to the last board meeting of June 22, there appeared to be no takers to run for the September election.  After the 1999 election, the board filed lawsuits against ALL candidates running in competition for board seats. It appeared there would be no one in opposition to step up and challenge the actions of this powerful clique this time around.  During the meeting of June 22, this changed.  The names of candidates tossed into the hat for the upcoming election, much to the chagrin of those in charge, are the very same candidates from last year that the board has filed suit on after unilaterally declaring them "Members NOT in Good Standing". 

For The Background of Members "Not in Good Standing" 

If you knew that this board has been using the inventive mechanisms of "labeling" anyone they chose to be "Members Not in Good Standing" and thereby disallowing their Vote, then you may begin to get the picture how an election can be easily controlled.  Imagine their chagrin when they discovered that the HV Deed Restrictions and Bylaws do not require a candidate running in an HV Directors' Election to be even under their own definition, a "Member in Good Standing".

Not to be outdone in inventiveness, the HV Board HAS AS OF JULY 11, called for an "URGENT" special election (meaning a 10% Quorum of 1621 members) to call for  "UPDATING" THE HV BYLAWS  to be centered on TWO AREAS, but in reviewing  the amendments requested, you will find A THIRD HAS BEEN SLIPPED IN WITH NO DISCUSSION. 

  • INCORPORATE THE ELECTION OF THE BOARD OF  DIRECTORS INTO THE ANNUAL MEETING.
  • REQUIRE THAT DIRECTORS OF THE HVCA BOARD BE "MEMBERS IN GOOD STANDING" OF THE ASSOCIATION.
  • ARTICLE XII - INDEMNIFICATION OF OFFICERS AND DIRECTORS

One may be asking at this point, what is wrong with amending the bylaws and why is the board calling those who ran for office "MEMBERS NOT IN GOOD STANDING".  

Pay Special Attention to the Amendments That You Are Being Asked to Approve!

At first glance, one may see nothing wrong or seditious when the amendments you are being asked to approve are quickly scanned.

Or is there?

Given the knowledge that control of who does or does not sit on our Board of Directors matters GREATLY to those who are hiding important facts from those paying the bills, the issue of adding a simple term of disallowing any "Member Not in Good Standing", one must ask who determines the standing?  That is correct! If the Board of Directors are allowed to determine this definition, then the power to allow or disallow positive change or even add a "whistle-blower" to the mix of those spending your money is left in the hands of those who do not want you to know the facts.

Why change your access to the Books and Records?

Access to the HVCA Books and Records are clearly outlined in the Deed Restrictions. Today, if the Deed restrictions were followed, a member can view the Association Books and Records by merely showing up during normal business hours.  You may not know that for the past two years the board has been withholding access to those Books and Records. The amendment to the Bylaws being asked is precisely what is now and has been going on. Why does it require changing? As a further note on this topic, Access to the Books are covered in both our Deed Restrictions AND our Bylaws. Even IF this amendment to the Bylaws were to be approved, the FREE ACCESS TO MEMBERS of our Books and Records in the DEED RESTRICTIONS will prevail legally. The DEED RESTRICTIONS are controlling and take precedence if a duplication exists. 

An Additional Paragraph is Being Proposed...
ARTICLE XII - INDEMNIFICATION OF OFFICERS AND DIRECTORS

This paragraph on the last page of the proposed amendments to our Bylaws in many cases may have squeaked by without a word, but ask yourself why is it there......NOW?

Indemnification, according to Black's Law is defined as:  In corporate law, the practice by which corporations pay expenses of officers or directors who are named as defendants in litigation relating to corporate affairs. In some instances corporations may indemnify officers and directors for FINES, JUDGMENTS, OR AMOUNTS PAID IN SETTLEMENT AS WELL AS EXPENSES.

Indemnity:  Reimbursement. An undertaking whereby one agrees to indemnify another upon the occurrence of an anticipated loss.  Immunity from punishment of past offenses. 

When one views the above definitions, they should ask the natural question of Why is This Here Now?  This provision has never been needed as part of our Bylaws. If a Director is acting under the legal guidelines of our Association, he is covered by the blanket insurance coverage provided by the association.  If,  however, he is acting outside of those governing provisions, he knows he is wrong and it seems he now is asking you to pick up the tab. If amended, this provision would allow a Director to knowingly violate our Governing Documents and Hand YOU the bill when he is caught.

Summary

Huntington Village Community Association is on the eve of another annual election. You will soon be asked to elect a Board of Directors to Protect and Preserve your community.  You are now being asked to amend a set of Bylaws with less than a two week  notice, that have served our community without change for nearly 20 years. Under normal conditions, changes to any area of our governing provisions would require discussions for the community in the form of debates and communication to you the homeowner.  Ask yourself the real questions.  Why are these amendments being proposed now and under these conditions with little notice and without input from the community?  Say NO! to Any Amendment Being Offered Without Discussion, Debate and Time to Consider the merits if any!   Remember.....  If it sounds too good to be true, it probably is!

 

RESIDENTS' OPEN LETTER TO HVCA  7/24/00

 

 

 

A Wise Man Once Said:

"It is not what you know that will hurt you....
        ...It's What You Know That Just Ain't So!"

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