This note conveys an email I sent the Board of Directors last September before the annual meeting, asking the Board why it violates our bylaws. At the meeting one member admitted receiving the email, another was silent, a third repeated non-receipt - where it is clearly evident all three had received the email and at the meeting ignored the questions.

What are the thoughts of our homeowners?

Here is the note which has not received ANY reply from the Board. The stated observations included in the email as listed under Community Pages ''Inquiry into Board Bylaws Compliance'':
From: ''M.E. McCormack''
To: ''Gil Vipraio'' ; ''Jerry Nowotny'' ; ''Truth Camina''
Sent: Sunday, September 17, 2006 10:13 AM
Subject: An Inquiry about Compliance with the Bylaws and Declarations and Articles of Incorporation
Folks,
Attached are my questions to you. I have read all three documents and recognize the duplication and overlap, and have identified those in question relative to the bylaws. I think I have raised valid items on each item. Please address each of these in writing
so that I receive your response before or at the annual meeting this year.
Thanks ahead of time,
Regards,
Mike McCormack

It seems the Board owes me (and you?) a timely, competent response as well as compliant behavior so often expected of all of us, yes?

Am open to other's views.

Letter to the TX Sec of State

I have reluctantly concluded the need to call upon the Texas Secretary of State, whose office incorporates non-profit organizations, such as our HOA Parkwood Maintenance Assn, Inc., to help encourage our Board of Directors to start abiding by the bylaws. See transmittal letter under Community Pages.

The current directors we all elected in recent years to manage well the affairs of the HOA. Am sure many have a variety of views of the challenges and the performance. Here I believe the persistent ignoring of the cited problems will not be addressed in an appropriate manner without assistance from the government. Time will tell what next unfolds.

Reply from Secretary of State

(May 12): The response from the office of the Texas Secretary of State was not what was expected. The official there pleaded no ability to investigate or pursue the points raised, given legislative direction only to ''file papers of incorporating entities'' within the state. The official suggested 2-3 alternative avenues to follow, which are being considered. It does seem reasonable to expect the Board of Directors to respond to these issues, the soon, the better. The Board's non-response raises questions in and of itself. ''Time will tell what next unfolds....''

Would invite any residents of Parkwood who have legal training and/or experience with similar issues to contact me. Thanks ahead of time.

(May 13): Upon further study it would seem that the BOD (board of directors), the HOA itself, the property manager (an agent of the BOD), as well as the members (property owners) all are bound together by the contractual nature of the articles of incorporation of PMA, its bylaws, and its covenants (declarations). Thus when the BOD/HOA breach this contract, for which points have already been identified, it would seem appropriate for the membership to ask for immediate restitution (by way of the BOD's improved/appropriate/compliant behavior). Perhaps since advising the BOD in mid-September 2006 of these matters one would ask why no response, nor evident show of compliance to date?

What is it that the BOD is doing (or not doing) and why?

If you can help explain this one, please add your thoughts and ideas!

Thanks ahead of time......M.

When Will the BOD Give a Reply

In the correspondence with the BOD back on September 17, 2006 several questions were raised about the Board's behavior related to requirements set out in the HOA's bylaws. These same issues were raised at the annual meeting. The meeting attendees were told that these questions would be incorporated into the meeting minutes and answered (I expected in the minutes). The property manager has suggested the answers would be provided in the newsletters. Well I have reviewed the minutes of the BOD meetings (held without anyone telling the members about when they were scheduled) of November 6, 2006 January 31,2007 and April 17, 2007 and see no content dealing with these questions. I have seen nothing addressed in the newsletters either. In the early draft minutes of the September 30, 2006 annual meeting this whole subject of these questions was omitted. So with questions raised about non-compliance with the HOA's bylaws by the BOD - and NO (written) response in 9 months - HMMMMM........ Wonder what goes on here?