Circle C Neighbors

Months ago, the CCHOA BOD put a number of residents to work on updating the antiquated bylaws for the CCHOA. A resident lawyer is included on the committee.

In the June BOD monthly meeting, Donald Abrams told the BOD that the Bylaws Committee was ready to present their work to the members of the association in a Town Hall meeting. The meetings would allow the members to make suggestions, find consensus, finalize and approve the new Bylaws. The new Bylaws include an increase in the number of BOD to seven (7) to nine (9), more consistent with an HOA of our size.

Donald Abrams was told no by the BOD. The BOD President said ''I want to hold off on any Town Hall meeting''. Later, the word was that the President wanted to take a look at the work the committee had done and possibly make some alterations. Our current bylaw rules don't allow an alterations by the BOD. That power is reserved for the residents.
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Section B1 of Art. 1396-2.09. By-Laws.(CHAPTER NINE--NON-PROFIT, COOPERATIVE, RELIGIOUS AND CHARITABLE - 1. TEXAS NON-PROFIT CORPORATION ACT)

A. The initial by-laws of a corporation shall be adopted by its board of directors or, if the management of the corporation is vested in its members, by the members. The by-laws may contain
any provisions for the regulation and management of the affairs of the corporation not inconsistent with law or the articles of incorporation.

B. A corporation's board of directors may amend or repeal the corporation's by-laws, or adopt new by-laws, unless:

(1) the articles of incorporation or this Act reserves the power exclusively to the members in
whole or in part;

(2) the management of the corporation is vested in its members; or

(3) the members in amending, repealing, or adopting a particular by-law expressly provide that
the board of directors may not amend or repeal that by-law.
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CCHOA Article VIII. Bylaws. (Articles of Incorporation of CCHOA)''The initial bylaws of the corporation shall be adopted by its Board of Directors. The power to alter, amend or repeal the bylaws or to adopt new bylaws shall be vested in the members, but such power may be delegated by the members to the Board of Directors.''

Repost

This is a post I found on this message board from Mar 24, 2003, originally posted by ''Increase the board now''. I feel there is merit in revisiting this information since we have almost 3,000 homes and we're still growing.

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Mar 24, 2003
Here's what other HOAs are doing

Increasing the board is a good idea. For everyone's information, here is just a small sample of how other HOAs have their board of directors structured:


Lake Pointe/ 7 board members/ 900 homes/ http://www.lakepointehoa.org/

River Place/ 9 board members/ 1,000 homes/ http://www.riverplacehoa.org/

Travis Country/ 9 board members/ 1,525 homes/ http://www.traviscountry.com

What do these people know that we don't? How could increasing our board now possibly be a bad thing? Let's do it Circle C residents. 9 would be great, but 7 is a good start. Increase our board!

-By Increase the board now

What's this mean to us ?

I think this means that CCHOA members have the rights and responsibility to make changes to the By-Laws.

We do not need the BOD to call a Special Meeting of the members and we do not need the BOD's blessing in any way.

Updating By-Laws is a routine function of any healthy HOA. Taking part in this democratic process is your requirment.

The one thing that everyone in Circle C seems to agree on, is that the By-Laws do need to be updated. For that to happen, we much hold with a quorum (1/10th of 2600 households represented must vote in the new By-Laws).

I have not seen the changes, myself (The By-Laws committee is still helpd in secrecy, for what ever reason I just can't figure out, but that is how Don Abrams charged EVERY committe in CCHOA)

Most of the changes are not going be controversial, but there is at least one change that everyone will weigh in on - expanding the BOD to 7 or 9 members, immediately.

So, look for the Special Meeting and if you or your spouse can not attend, make sure you get a proxy and either asign you vote to another trusted CCHOA member (NOT any of the current BOD).

And the second thing you can do is look with the rest of us for responsible community leaders to fill those new BOD seats this summer.


I know everyone has all kinds of summer plan, work, camps, and most of you will forget about this meeting, trusting that someone else will do it for you.

That's not going to be acceptable this time. The By-Laws are flawed and the BOD we have today has fought, even in court in front of a Texas judge, to ignore the most vital and important parts of our CCHOA By-Laws.

That BOD has total control of over a million dollars a year and they will be increasing those assessments in the future, and if you don't get a local leader on this new CCHOA board, who knows where that money will be spent (more lawyers ? , more swim team perks, more $55 consultants, more special favors for the Bradley developers).

Ask yourself if you are getting what you thought you were paying for.....is there a pool near YOUR house? Is there a playground or a park near YOUR house? Do you think we can find more affordable office help (less than $35/hr?).


Well, for 15 years, there was absolutely nothing you could do about it. Gary Bradley dominated the CCHOA, by design and in fact.

This year, for the first time, WE the members, can finally vote on how to run our own HOA.

These aren't radicals calling for change - these people are you neighbors, who like me, know that HOA's are a community resource, not an advertising device for developers.

If you like the mess we have today, DO NOTHING - look the other way.

If you are ready for changes, ready for getting your share of the pie, it's time to do something about it.

Stand by.

Changes are coming very soon.

expend energy and back burner

The CCHOA members do have the rights and responsibility to make changes to the By-laws. The 3 BOD want to SQUASH that right.

The 3 kings (BOD) want to stop the members from altering the bylaws. They set the committee up, had them expend energy, now want to ''back burner'' the whole thing.

They have used this ''expend energy and back burner'' technique in the past...just ask Carl Kernodle who a couple years ago had to repeatedly contact the CCHOA about providing his time to a committee.

After several months and several calls he was put on one. They had him expend his energy on a committee. The BOD approved a great new procedure that would enforce deeds and restrictions. They then scraped it when Susan Hoover told the BOD she didn't want to do that new procedure as part of her management contract.