ATTENTION HUNTINGTON VILLAGE HOMEOWNERS
YOUR PROPERTY RIGHTS ARE IN DANGER!
Recently, we all received a letter from the Huntington Village Community Association announcing an "URGENT" SPECIAL MEETING next Thursday, July 27, at 7:30 PM at the Association office, 9511 Cook Road. At this meeting, we Huntington Village homeowners will be voting on a number of revisions and amendments to the Association Bylaws proposed by our Board of Directors.
Several of these proposed changes, if passed, would result in serious loss of our property rights, and expose each and every one of us to huge debts!
HOW COULD THIS HAPPEN?
IT PROBABLY WILL HAPPEN UNLESS YOU SHOW UP AT THE MEETING AND VOTE NO TO THESE DANGEROUS CHANGES TO OUR BYLAWS
The two worst of these proposed changes would
Require that all members of our Board of Directors be "Members in Good Standing", and
"INDEMNIFY" all Officers and Directors for financial liability to the maximum extent allowed by Texas law.
Change #1 would allow the Board to expel any Board member(s) by a simple majority vote by the Board itself. According to the Bylaws, any Association member (including Board members) whose property is not in compliance with the Association Deed Restrictions is NOT a "Member in Good Standing". And guess who decides whose property is and whose is not in compliance with our Deed Restrictions? That's right, our Board of Directors decides – by a majority vote!
If this change to our Bylaws is passed, any Board member could be removed from office at the whim of just half the members of the Board! It would allow a small number of homeowners (half the Board) to throw out any duly elected Board member they disapprove – for any "Deed Restriction Violations" they care to trump up – that is, for any reason whatever!
OUR VOTES AS PROPERTY OWNERS WOULD MEAN NOTHING!
The current Huntington Village Deed Restrictions and Association Bylaws require that Board members be Huntington Village Community Association members (meaning legal property owners) - period. Let’s keep it that way, and reject this Board’s attempt to take complete control of our Association!
Next Thursday, please SHOW UP AND VOTE NO! on proposed changes to Section 5.01 and Section 5.17(j) to our Association Bylaws.
Change #2: Under our existing Bylaws, if any Board members or Association Officers are sued for actions taken in good faith under the Association Deed Restrictions and Bylaws, and under Texas Civil Law, their attorneys’ fees and any legal judgments against them would be paid by a one-million-dollar insurance policy currently carried by the Association for just this purpose. The proposed change "indemnifying" Association Directors and Officers would make the Association (that is, all homeowners – YOU AND ME!) DIRECTLY LIABLE for any misdeeds by our Directors and Officers – regardless of whether they violated the Deed Restrictions, Bylaws or even other laws that we all are supposed to obey!
This change in our Bylaws could legally place us all under unlimited financial liability – requiring us to pay legal costs and monetary judgments against any Board member or Officer – even if they knowingly and deliberately violated Association Deed Restrictions and Bylaws!
If you think that couldn’t happen – a situation arose recently where, under the bylaws of a homeowners Association with just such an indemnity clause, each and every homeowner was legally required to pay almost $8,000 for a judgment against a Board that had flagrantly violated their own bylaws!
Next Thursday, VOTE NO on the proposed addition of ARTICLE XII – INDEMNIFICATION OF OFFICERS AND DIRECTORS – to our Association Bylaws.
The results of next Thursday’s election will affect us all for years to come. Even if you can’t quite believe these dire warnings -
PLEASE COME TO THE MEETING -
LISTEN TO THE DISCUSSION -
AND CAST YOUR VOTE
Sincerely,
Your concerned neighbors
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