Any action, in Texas, against a Board that made repeated mistakes in AGM annoucement then cancelation at last second

RogerJ1 (Texas)
Posts: 550

Posted:

Over the last several weeks the Board, of a POA in Texas,has sent out an AGM announcement correcting the previous one three to four times.

First it was secluded for Wednesday 02-22, then a week later it was changed to 02-23 in observance of "Ash Thursday" (the Board literally wrote that), but remaining references to 02-22 remained on that announcement. Then another correcting those dates but it had the wrong email address on it where the Board requested proxies be sent. The Board was told at least two days ago that that email address was wrong, but the Board failed to correct it, and then one hour before the AGM was to start, this was sent out:

Dear Community,

It is with the greatest of apologies that the Board is compelled to announce that we must cancel tonight's annual meeting. The dinner portion of the program will continue as planned and we encourage and hope that all those planning to attend come and enjoy fellowship with your neighbors and friends.

The first question is undoubtably, "WHAT HAPPENED". In a nutshell, there was a serious flaw in the Absentee Ballot / Proxy that has precluded members from submitting their proxies. A wrong email address was given (due to a typo in the email address) and that has resulted in ballots/proxies not being able to be filed as directed on the proxy. Because this was discovered today and so close to the meeting, there is not an opportunity for us to communicate this issue to these affected members or to allow time to resubmit them. We as a board strongly believe we cannot disenfranchise any member or risk the voting or election be invalid or improper.

There are no words that can adequately convey our apologies to each of you. The Board will work out a new date for rescheduling the annual meeting and provide re-notice, with a corrected proxy form.

Again, please continue to join us for the dinner as planned.

With sincerest apologies,
XXXXXXXXX Board of Directors

RogerJ1 (Texas)
Posts: 550

Posted:

Texas Property code requires annual meetings. And this Associations' by laws read:

Under Article II. Association: Meetings, Quorum, Voting, Proxies

Section 2. Annual Meetings.

The annual meeting of the Association must be held in January or February of each year, on a date at a time and location designated by the Board of DIrectors.

RogerJ1 (Texas)
Posts: 550

Posted:

In my opinion, based on example after examples of other mistakes similar to the repeated AGM announcements sent out with errors, this Board is extremely incompetent.

Are there an legal moves to force this Board out, and replace it, after missing the annual meeting within the prescribed time?

MaxB4
Posts: 3,513

Posted:

NOPE!
Enjoy the dinner, which is more t g an most associations do.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By RogerJ1 on 02/23/2023 8:16 PM
Are there an legal moves to force this Board out, and replace it, after missing the annual meeting within the prescribed time?

For all practical purposes, I think the question should be whether based on statute, case law or covenants, anyone on the current board can be disqualified from running at the annual election, on account of errors made in scheduling the annual meeting. I see no such possibility. I think the best and easiest correction to the problem is the usual: Put your energy into communicating with neighbors to get enough votes to elect the directors you want. Preferably you run for the board yourself.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Yeah, I give them props for catching the mistake, recognizing that they can't lawfully hold the meeting with the invalid proxy forms, and 'fessing up to their mistake publicly.

Unfortunately mistakes happen, sometimes repeatedly, and the calendar continues to move forward. Many bylaws give communities the right to try again if their first attempt at the annual meeting fails for some reason - even if the "try again" happens after the time period called for in the bylaws. What other option would you suggest? Oops, we missed the date, try again next year?

My community would handle this sort of mistake the same way.

RogerJ1 (Texas)
Posts: 550

Posted:

Quote:

Posted By CathyA3 on 02/24/2023 5:51 AM
Yeah, I give them props for catching the mistake, recognizing that they can't lawfully hold the meeting with the invalid proxy forms, and 'fessing up to their mistake publicly.

The Board was told about the mistake at the latest, last Saturday. Also, again on Tuesday. So at minimum it had at least five days to do the cancelation but it waited until less than 2 hours before the start of the meeting to do so.

SheliaH (Indiana)
Posts: 6,964

Posted:

You already know the answer to this, Roger, because you've had several conversations on your board follies in the past. But once again, in case you need this spelled out:

I agree something serious is going on for the same mistake to be repeated over and over again, but at this point, why not rally together your neighbors to SHOW UP at the next meeting and vote this bunch out? Put pressure on the board to get this rescheduled as soon as possible - there shouldn't be a reason why they can't do it within 30 days, 45 at the most.

In light of the foolishness involving the proxies (it really isn't that difficult to use them properly if people pay attention), I think homeowners actually attending is appropriate because I wouldn't trust them with sending out another set of proxies. Ultimately, this would be quicker and cheaper than getting an attorney - at least not yet. I hope you have candidates willing to run against this bunch so all of them can be sacked. And yes, that may have to include you. Once you get rid of some (or all) of this board, the new board can revisit the proxy process and come up with ways to improve it.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

RogerJ1 (Texas)
Posts: 550

Posted:

Quote:

Posted By SheliaH on 02/24/2023 6:16 AM
You already know the answer to this, Roger, because you've had several conversations on your board follies in the past. But once again, in case you need this spelled out:

I agree something serious is going on for the same mistake to be repeated over and over again, but at this point, why not rally together your neighbors to SHOW UP at the next meeting and vote this bunch out? Put pressure on the board to get this rescheduled as soon as possible - there shouldn't be a reason why they can't do it within 30 days, 45 at the most.

In light of the foolishness involving the proxies (it really isn't that difficult to use them properly if people pay attention), I think homeowners actually attending is appropriate because I wouldn't trust them with sending out another set of proxies. Ultimately, this would be quicker and cheaper than getting an attorney - at least not yet. I hope you have candidates willing to run against this bunch so all of them can be sacked. And yes, that may have to include you. Once you get rid of some (or all) of this board, the new board can revisit the proxy process and come up with ways to improve it.

Proxy have to be allowed by both Texas Property Code and Texas' Chapter 22 nonprofit corporations.

If they take over 30 days, then problem solved, as under Texas Property Code, assuming a demand letter is sent, if the Board does not have one within 30 days, then an election committee of three or more members can take over the Association first-come-first-serve filing with the County.

SheliaH (Indiana)
Posts: 6,964

Posted:

In that case, ask the board to appoint a special committee to oversee the proxies - preferably people who aren't running for a spot and don't have an ax to grind with any incumbent or candidate. They can figure out the best way to handle the proxies. For example, you said there was a problem with the email address where people were supposed to return the proxies, so you may have to insist they be returned via snail mail or personally dropped off the day of the meeting. This is why I personally would show up and vote - too much BS has happened with the proxies, and sometimes the only way to know something goes off properly is by showing up your damned self.

You didn't say if you're attending this dinner - I'd go and see if the board makes an announcement as to what it plans to do to ensure the next meeting doesn't blow up. It's not an official meeting, but perhaps if you come up with some suggestions on how to make it more effective, they might be inclined to listen.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

BillD16 (Texas)
Posts: 971

Posted:

Quote:

Posted By RogerJ1 on 02/23/2023 8:16 PM
In my opinion, based on example after examples of other mistakes similar to the repeated AGM announcements sent out with errors, this Board is extremely incompetent.

Are there an legal moves to force this Board out, and replace it, after missing the annual meeting within the prescribed time?

Force them out?! You mean they're not quitting in shame?!?!

Bill

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Roger

They owned up to a mistake and are doing their best to correct it. Get off their a$$. That said, I think Rodger's issues go deeper then this BOD error.;

RogerJ1 (Texas)
Posts: 550

Posted:

Quote:

Posted By JohnC46 on 02/24/2023 12:41 PM
Roger

They owned up to a mistake and are doing their best to correct it. Get off their a$$. That said, I think Rodger's issues go deeper then this BOD error.;

While this will read as an exaggeration, everything they do has mistakes like this. Yet the President will not let others handle anything - she has stated that she will not allow any member committees to operate on behalf of the association as was frequently done in the past. Also, this is not the first meeting to be canceled with the cancelation noticed made the same day as the meeting.

KerryL1 (California)
Posts: 14,550

Posted:

I can't remember why Roger hasn't run for the board or if he was on it, or? Can you clear up your role in they POA? Or frefreshy my memory. all I can recall is constant complaints about the Board from Roger. But I may have him mixed up with another Rodger form TX??

RogerJ1 (Texas)
Posts: 550

Posted:

Related to someone who is.

BillH10 (Texas)
Posts: 1,217

Posted:

Roger

If the President is on a power trip and flubbing up as you described, the other members of the Board may remove her from office and elect another Director as President.

From your description these are pretty stupid, albeit minor, mistakes. Frankly, I would be more concerned about expending association funds for a dinner which accompanies the annual meeting unless it is potluck or association funds are not involved. In the association in which we reside, over $500 was spent annually on hors 'd oeuvres and refreshments at the annual meeting when we first purchased here. With several other owners, we stopped that as quickly as possible. Water is now provided and that is it.

RogerJ1 (Texas)
Posts: 550

Posted:

Quote:

Posted By BillH10 on 02/24/2023 2:32 PM
Roger

If the President is on a power trip and flubbing up as you described, the other members of the Board may remove her from office and elect another Director as President.

Looking into Texas Ch 209, an agent is defined as an "owner" and under Sec 209.014, an owner can demand the Board hold an annual meeting within 30 days. If the Board fails to do so within 30 days, then a committee of 3 or more owners can file that committee's formation with the County and then call for a special meeting to elect a new Board.

I am going to look into that, talk with some other people, and then draft such a demand letter - I might post it here for feedback.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By RogerJ1 on 02/25/2023 4:56 AM

Looking into Texas Ch 209, an agent is defined as an "owner" and under Sec 209.014, an owner can demand the Board hold an annual meeting within 30 days. If the Board fails to do so within 30 days, then a committee of 3 or more owners can file that committee's formation with the County and then call for a special meeting to elect a new Board.

I am going to look into that, talk with some other people, and then draft such a demand letter - I might post it here for feedback.

Roger, do the bylaws specify how many days in advance of the annual meeting notice must be sent out?

If you make the demand above (referencing TPC 209.014), I would also reference BO 22.154. See https://statutes.capitol.texas.gov/Docs/BO/htm/BO.22.htm

CathyA3 (Ohio)
Posts: 6,299

Posted:

Quote:

Posted By ElleN on 02/25/2023 5:31 AM
< ... snip ...

Roger, do the bylaws specify how many days in advance of the annual meeting notice must be sent out?

I was thinking about this timing. For example, we're required to send out the notice one month in advance and are required to hold the meeting during the first quarter of the calendar year. Because we're in the Great Frozen North, we hold the meeting in mid- to late March when the weather usually cooperates.

Suppose we find an error in the notice or proxy forms which means we need to re-do them. Depending on the timing, we face the choice of either holding to the one-month notice requirement and pushing the meeting into the second quarter of the year. Or we hold the line on the meeting date and end up with less than a month between the valid notice and the meeting. In other words, something's gotta give, and regardless of which option we choose, one of those scheduling requirements will be violated.

This probably happens more often than we think. People make mistakes - and I think writing legal requirements in such a way that a mistake automatically means a violation is not useful.

My rule of thumb on this stuff is to look at the reason behind it: was it a mistake or was it an attempt to game the process? Or was something more urgent overriding the timing (eg. covid lockdowns)? If it was due to anything other than deliberate misbehavior, my reaction is usually meh.

RogerJ1 (Texas)
Posts: 550

Posted:

Quote:

Posted By ElleN on 02/25/2023 5:31 AM

Posted By RogerJ1 on 02/25/2023 4:56 AM

Looking into Texas Ch 209, an agent is defined as an "owner" and under Sec 209.014, an owner can demand the Board hold an annual meeting within 30 days. If the Board fails to do so within 30 days, then a committee of 3 or more owners can file that committee's formation with the County and then call for a special meeting to elect a new Board.

I am going to look into that, talk with some other people, and then draft such a demand letter - I might post it here for feedback.

Roger, do the bylaws specify how many days in advance of the annual meeting notice must be sent out?

If you make the demand above (referencing TPC 209.014), I would also reference BO 22.154. See https://statutes.capitol.texas.gov/Docs/BO/htm/BO.22.htm

The by-laws, do not note a time for notice, by Texas Property Code requires no more than 60 (or it might be 30) and no less than 10 days notice for annual meetings.

Something the by-laws do address. that might be relevant, is the By-laws requirement that Annual Meetings "must be held in January or February of each year" which of course, based on notice requirements, is no longer possible. Sec 209.014 of the Texas Property Code, the section on demanding an annual meetings, is "notwithstanding" to by-laws so I suspect the January or February By-laws requirement is moot in that process.

RogerJ1 (Texas)
Posts: 550

Posted:

Quote:

Posted By CathyA3 on 02/25/2023 6:06 AM

Posted By ElleN on 02/25/2023 5:31 AM
< ... snip ...

Roger, do the bylaws specify how many days in advance of the annual meeting notice must be sent out?

My rule of thumb on this stuff is to look at the reason behind it: was it a mistake or was it an attempt to game the process? Or was something more urgent overriding the timing (eg. covid lockdowns)? If it was due to anything other than deliberate misbehavior, my reaction is usually meh.

No way to prove with evidence, but I suspect it was "deliberate misbehavior" as far as canceling at the last minute.

Reasons I say that:

The current Board, of this very small POA, spent over $8000 on a Review, by a CPA, that turns out to be junk (I am a CPA, and it is the craziest Review I have ever read with footnotes calling out specific people, and talking with an attorney at the Texas Board of Public Accountancy while I was contemplating filing a complaint on the firm, the State-Board attorney agreed that it the Review appears to be unprofessional and as he put it "the firm clearly does not know what it is doing) and then a forensic investigation with another CPA with a spotty employment history. The accounting of this POA is 3 to 4 transaction a month, the cash flow ties, and the accounting entries are normal - anyone with business experience can easily tell nothing is amiss. These exercises were built out of fantasy of two Board members, one of whom has publicly said strangers have whispered in her ears that a past board member "was the devil."

Many members are upset as $8000 is nearly half of what is normally spent by the Association in a year, and some were calling for a vote to remove Board members.

In addition the husband, of the President, sent a letter out, earlier this week, that contained a pornographic reference, among other crazy rants, and in one paragraph discussed hypothetical deaths of members of the Association.

So I suspect the Board, who is led by a lady who acts insecure and timid in person but a ravenous warrior in emails, was nervous about the meeting and canceled at last minute.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Just a comment about evaluating what you're looking at without evidence (and this applies to a lot of HOA issues since so much is not visible to homeowners):

When you dislike a person, it can be difficult not to interpret their actions in the worst light, just as you give friends and love ones the benefit of the doubt when they don't behave well. We tend to evaluate people we don't like according to their actions regardless of their intentions, and we evaluate the ones we like according to their intentions despite their acts. Just human nature.

I've seen the former described as "b!tch eating crackers" on the internet - as in "look at that b!tch sitting there eating crackers like she owns the place".

When you really dislike someone, even the most innocent of acts will have you grinding your teeth.

Since I don't know the players involved, I can think of perfectly innocent explanations for these things. For instance, when boards hire professionals, they do their best to get good ones. But sometimes they don't, especially if the board lacks expertise in the area and can be fooled by what they're seeing. It's annoying as heck to spend a lot of money on a vendor who does poor quality work, but that can easily fall within the realm of good-faith mistake and a painful lesson that these board members won't make again. (Note that this is absolutely no guarantee that a similar mistake won't be made in the future by board members who weren't burned the first time around.)

And I bet most of us have that relative whom we wish we weren't related to. We have no control about how others behave, not even spouses. Maybe young children, but good luck after they hit a certain age. I'd be mortified if my spouse sent out a message with porn or racist comments. And depending on how bad it was, I'd send out a message saying that this does not represent my views at all - I'd also encourage the board as a whole to send out a similar message since a spouse in no way speaks for the board. Again, very unfortunate, but not necessarily indicative of ill intent. (I would think that our recent history has demonstrated that we can't choose or control our relatives, and we would not wish to be judged according to the behavior of some of them.)

Of course it's entirely possible that the current board members are just plain incompetent and that there are good reasons to get rid of them. Incompetence is one of them.

But to be clear, one of the first things new board members learn is just how little they know - or at least you hope they learn, otherwise you're probably in for a rough ride. And they will 100% go on to make their own share of blunders and will come in for their share of criticism, justified or not. It's how this stuff works.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By RogerJ1 on 02/25/2023 6:23 AM

Something the by-laws do address. that might be relevant, is the By-laws requirement that Annual Meetings "must be held in January or February of each year" which of course, based on notice requirements, is no longer possible. Sec 209.014 of the Texas Property Code, the section on demanding an annual meetings, is "notwithstanding" to by-laws so I suspect the January or February By-laws requirement is moot in that process.

Section 209.014(a) has a "notwithstanding the bylaws" clause, but this pertains to requiring an annual meeting.

I see nothing in TPC 209.014 or TPC 209 that conflicts with the bylaws' January or February requirement. For now I say that the January or February requirement holds.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

What does "AGM" mean?

RogerJ1 (Texas)
Posts: 550

Posted:

Quote:

Posted By SteveM9 on 02/25/2023 7:02 PM
What does "AGM" mean?

Sorry for using an acronym without defining it. Annual General Meeting.

RogerJ1 (Texas)
Posts: 550

Posted:

Quote:

Posted By ElleN on 02/25/2023 2:29 PM

Posted By RogerJ1 on 02/25/2023 6:23 AM

Something the by-laws do address. that might be relevant, is the By-laws requirement that Annual Meetings "must be held in January or February of each year" which of course, based on notice requirements, is no longer possible. Sec 209.014 of the Texas Property Code, the section on demanding an annual meetings, is "notwithstanding" to by-laws so I suspect the January or February By-laws requirement is moot in that process.

Section 209.014(a) has a "notwithstanding the bylaws" clause, but this pertains to requiring an annual meeting.

I see nothing in TPC 209.014 or TPC 209 that conflicts with the bylaws' January or February requirement. For now I say that the January or February requirement holds.

But if the January and February requirements holds, and based on Texas Law requiring at least 10 days notice meaning a lawful cannot happen in either of those months, then what?

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By RogerJ1 on 02/26/2023 6:08 AM

But if the January and February requirements holds, and based on Texas Law requiring at least 10 days notice meaning a lawful cannot happen in either of those months, then what?

You do pretty much what you have already proposed: Send a demand letter light asking for the annual meeting to happen by ____, and referencing the law. Sorry to be unclear. My main goal at HOATalk is to get the facts down and then apply them.

I think you know this at this point, but just to be clear: For this particular situation, I do not see any other remedial action for the failure to hold the meeting and the failure to hold it in Jan or Feb. There's no legally quantifiable damage from the board's blunders, and hence no real punishment, other than to vote the directors off the board. If you do not have support for doing so, then I think it's important to nod to the reality that most owners are fine with the status quo. If you have to have an enemy, then I think it's the owners who support the incumbent board, even if this support is by simply not bothering to vote or arrange for a proxy.

Reference material for the 10 days notice:
Sec. 209.00593. ELECTION OF BOARD MEMBERS.
(a-1) At least 10 days before the date a property owners' association composed of more than 100 lots disseminates absentee ballots or other ballots to association members for purposes of voting in a board member election, the association must provide notice to the association members soliciting candidates interested in running for a position on the board. The notice must contain instructions for an eligible candidate to notify the association of the candidate's request to be placed on the ballot and the deadline to submit the candidate's request. The deadline may not be earlier than the 10th day after the date the association provides the notice required by this subsection.

Sec. 22.156. NOTICE OF MEETING. (a) A corporation other than a church shall provide written notice of the place, date, and time of a meeting of the members of the corporation and, if the meeting is a special meeting, the purpose or purposes for which the meeting is called. The notice shall be delivered to each member entitled to vote at the meeting not later than the 10th day and not earlier than the 60th day before the date of the meeting. Notice may be delivered personally or in accordance with Section 6.051(b).

RogerJ1 (Texas)
Posts: 550

Posted:

Quote:

Posted By ElleN on 02/26/2023 7:46 AM

Posted By RogerJ1 on 02/26/2023 6:08 AM

But if the January and February requirements holds, and based on Texas Law requiring at least 10 days notice meaning a lawful cannot happen in either of those months, then what?

You do pretty much what you have already proposed: Send a demand letter light asking for the annual meeting to happen by ____, and referencing the law. Sorry to be unclear. My main goal at HOATalk is to get the facts down and then apply them.

I think you know this at this point, but just to be clear: For this particular situation, I do not see any other remedial action for the failure to hold the meeting and the failure to hold it in Jan or Feb. There's no legally quantifiable damage from the board's blunders, and hence no real punishment, other than to vote the directors off the board. If you do not have support for doing so, then I think it's important to nod to the reality that most owners are fine with the status quo. If you have to have an enemy, then I think it's the owners who support the incumbent board, even if this support is by simply not bothering to vote or arrange for a proxy.

Reference material for the 10 days notice:
Sec. 209.00593. ELECTION OF BOARD MEMBERS.
(a-1) At least 10 days before the date a property owners' association composed of more than 100 lots disseminates absentee ballots or other ballots to association members for purposes of voting in a board member election, the association must provide notice to the association members soliciting candidates interested in running for a position on the board. The notice must contain instructions for an eligible candidate to notify the association of the candidate's request to be placed on the ballot and the deadline to submit the candidate's request. The deadline may not be earlier than the 10th day after the date the association provides the notice required by this subsection.

Sec. 22.156. NOTICE OF MEETING. (a) A corporation other than a church shall provide written notice of the place, date, and time of a meeting of the members of the corporation and, if the meeting is a special meeting, the purpose or purposes for which the meeting is called. The notice shall be delivered to each member entitled to vote at the meeting not later than the 10th day and not earlier than the 60th day before the date of the meeting. Notice may be delivered personally or in accordance with Section 6.051(b).

Thanks. It is under 100 lots. I agree on membership - they do nothing now as a group but when the money is wasted and dues need to be increased dramatically, then many of them will all of a sudden be complaining after sitting on the sidelines I suspect.

ElleN (Idaho)
Posts: 4,420

Posted:

RogerJ1, I do agree it's a big deal to not hold the AGM. The board's letter of apology sounds sincere enough, but I still think the board needs to receive a formal letter reminding them of what TPC 209 and BO 22 say.

Texas legislators chose to say to HOA Boards, "Don't eff around with annual meetings. You need to hold them, or else." I consider the annual meeting a big deal, encompassing one of thee most important rights owners have: To vote for and place on the board the people a majority supports.

I echo BillH10's concerns about this dinner.

MaxB4
Posts: 3,513

Posted:

You sadly forget to mention they are all UNPAID volunteers.

SheliaH (Indiana)
Posts: 6,964

Posted:

Quote:

Posted By MaxB4 on 02/26/2023 9:33 AM
You sadly forget to mention they are all UNPAID volunteers.

That's true, and people often expect perfection, forgetting board members are just as human as they are and they do have a life outside the association. And then people wonder why no one wants to volunteer- at least they got off their ass and tried to run the association while everyone else sits around and does nothing but nitpick.

That said everyone knows the annual meeting comes around every year, so it really isn't that difficult to pull out a calendar for next year, select a date and work backwards from there, setting deadlines when proxies should be mailed and returned, candidates and incumbents declare their intentions, etc.

This is also why education is critical, starting with reviewing the documents to understand how the association is supposed to be run. If you don't know, ask. Crack open a few books if necessary, and consider putting together a board member manual on various issues and update them as needed. All board members should be held responsible for reading it and have sense enough to refer back to it.

If Roger or whichever relative is concerned this is messed up (and they have a right to be concerned) perhaps they should try volunteering to help with organizing the meeting instead of talking lawsuit. Of course, that means actually working and we all moved into HOAs to have someone else deal with the dirty details, didn't we?

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

RogerJ1 (Texas)
Posts: 550

Posted:

Quote:

Posted By ElleN on 02/26/2023 9:26 AM
RogerJ1, I do agree it's a big deal to not hold the AGM. The board's letter of apology sounds sincere enough, but I still think the board needs to receive a formal letter reminding them of what TPC 209 and BO 22 say.

Texas legislators chose to say to HOA Boards, "Don't eff around with annual meetings. You need to hold them, or else." I consider the annual meeting a big deal, encompassing one of thee most important rights owners have: To vote for and place on the board the people a majority supports.

I echo BillH10's concerns about this dinner.

I wish the demand letter was already out, as the time does not starting ticking until it is. The delay is because I decided to get an attorney to help with the process and to make sure all Is are dotted and Ts are crossed. Finding an attorney is becoming a problem. Based on the attorneys I have called from casual referrals and blindly, they all have said this is not an area in their expertise - I suspect they just do not want to mess with it since it will not be a high hour project.

Small world experience in my attorney hunt: Today, one attorney I called on a casual referral was either bored today or took a genuine interest in the situation. He asked me what was happening and we talked for about ten minutes, I told him a few examples of the board's incompetence and about the board canceling an annual meeting around an hour before it started with many already there. He then asked me if I would share the name of the Association. When I did, this well spoken attorney went silent for a few seconds then stuttering and sounding confused, he said "but that is an affluent area with well educated people, a large scale land developer used to live there, how could you get a board there that would do stuff like this?" He then told me his uncle used to live there - the small world aspect is someone who is heavily involved against this board's antics bought and lives in that attorney's uncle's house now."

Anyway, the 209.014 process seems simple enough, and it is likely I and a group could do it without legal help, but I want to ward off personal liability of making a mistake in the process, so I will continue to seek an attorney. Also, I am a bit concerned that the County will have no to little experience in an Election Committee formed under 209.014 filing for control of a POA and that initial filing might be problematic if the County clerks are not familiar with it. I wish I could just find a competent "country lawyer" to handle it.