Success?!…Not for Homeowners

“Success!!” brags a CountryPlace e-blast sent to some homeowners on July 8 at 10:00am. The announcement claims that the June 27 “open” Board “workshop” led by FSR was “a hit.”

Was it? Let’s see. The Texas Residential Property Owners Protection Act very clearly states that the Board may not even consider amendment of bylaws without full compliance with Open Board Meeting requirements. And all such Board meetings must be conducted in accordance with our bylaws. How did the June 27 “workshop” really do?

success

o
failure

þ
72-hour advance notice to all homeowners, including posting on the Carriage House bulletin board, of a meeting to consider amendment of the bylaws
success

o
failure

þ
Advance publication of an agenda for the meeting, stating that the Board would consider another draft of amendments of the bylaws
success

o
failure

þ
Meeting to consider amendment of the bylaws conducted in accordance with the existing CPMCA bylaws
success

o
failure

þ
Meeting conducted in a truly open manner, with details of the bylaw amendments being considered made available to homeowners and with set-up to permit homeowners to clearly hear the Board consider amendment of the bylaws
success

o
failure

þ
Publication of minutes of previous secret Board meetings held to consider amendment of the bylaws

 

So, a “success”? At what? At evading statutory requirements that guarantee protection of homeowner rights and interests? At getting the Board to secretly consider unnecessary changes to the basic tenets of our community?

And a “success” by whose standard? The July 8 e-blast strongly suggests that its “we” is the Board, yet the Board did not pre-approve the content nor posting of the announcement. So is this announcement of “success” yet another poorly disguised bit of campaign rhetoric? Or is “success” supposed to be measured in terms of an FSR victory at the expense of basic homeowner protections? And was the only “hit” of June 27 the blow that has deeply bruised homeowner rights yet again?

Our community bylaws and related dedicatory instruments are our community’s most sacred documents, as crucial as the U.S. Constitution and as Texas and Pearland constitutions. The only success that homeowners will see will be when the managing agent is prevented from tinkering with our bylaws outside the full protections that are guaranteed to homeowners by law.

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3 thoughts on “Success?!…Not for Homeowners

  1. Great Adrien! Sent it to as many people I could think of! Sure hope LeRoy sends it on!!

    Sent from my iPad. Judy

    >

    Like

  2. Thank you Adrien for this information!

    Seems we need to be heads up about the changes!

    Like

    1. Thank you for your comment and your concern, Judy.

      REAL Accessibility fully informs all  homeowners when the Board intends to consider amendment of our bylaws. And REAL Accessibility fully informs the homeowners of the complete details of all amendments being considered, including all alternatives and all drafts taken into consideration.

      The urgent need for homeowners to be heads up about those changes is precisely why the Texas Residential Property Owners Protection Act protects homeowners by requiring that the Board must not even consider amendment of bylaws without full compliance with its Open Board Meeting rules.

      Those rules are there to protect homeowners. There is no good reason for the Board to fail to comply. The Board can boast no success for any of its efforts conducted without those protections.

      Like

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