A section taken from the SUPPLEMENTAL PETITION of William Gammon. The hearing on June 12th will deal with this issue.
''...among all the books and papers of the Association that have been produced for inspection at the offices of its attorneys, there is no record of a quorum of members being present, either in person or by proxy, at any meeting of the members when a vote to elect a director was taken. There is, in fact, no record whatsoever of the attendance at the annual meetings that allegedly resulted in the elections of Ken Rigsbee and Jim O?’Reilly. There is no record of the number or percentage of votes received, out of the total eligible votes that were cast, by the candidates at either meeting. None of the secret, written ballots required by the clear language of the bylaws to elect a director have been produced, nor can they be. The documents produced by the CCHOA show that Jim O?’Reilly was ?“elected?” in 2002 by a ?“show of hands.?” Ken Rigsbee openly admitted to the mayor of the City of Austin during the March 20, 2003 televised city council meeting, ?“all of our elections have been by acclamation.?” Such a procedure is unauthorized by the Governing Documents and cannot be the basis for the claims by Rigsbee and O?’Reilly that they are authorized to act as directors of the CCHOA. ''
''Despite the undisputed fact that the ?“elections?” for the board of directors of Defendant CCHOA (the Board) that have taken place at the CCHOA meetings have not complied with the dictates of the Governing Documents, Defendants Rigsbee and O?’Reilly nonetheless contend that they are members of the Board. Plaintiff says, however, that Defendants Rigsbee and O?’Reilly are in reality only squatters in the boardroom....''
UPCOMING Court Hearing
Mark this one on your calendar:
When: 6-12-2003, 9:00 AM
Where: Travis County Courthouse
1000 Guadalupe, Austin, TX 78701
If the motion is granted, Ken Rigsbee and Jim O'Reilly will be removed as board of directors.
''...among all the books and papers of the Association that have been produced for inspection at the offices of its attorneys, there is no record of a quorum of members being present, either in person or by proxy, at any meeting of the members when a vote to elect a director was taken. There is, in fact, no record whatsoever of the attendance at the annual meetings that allegedly resulted in the elections of Ken Rigsbee and Jim O?’Reilly. There is no record of the number or percentage of votes received, out of the total eligible votes that were cast, by the candidates at either meeting. None of the secret, written ballots required by the clear language of the bylaws to elect a director have been produced, nor can they be. The documents produced by the CCHOA show that Jim O?’Reilly was ?“elected?” in 2002 by a ?“show of hands.?” Ken Rigsbee openly admitted to the mayor of the City of Austin during the March 20, 2003 televised city council meeting, ?“all of our elections have been by acclamation.?” Such a procedure is unauthorized by the Governing Documents and cannot be the basis for the claims by Rigsbee and O?’Reilly that they are authorized to act as directors of the CCHOA. ''
''Despite the undisputed fact that the ?“elections?” for the board of directors of Defendant CCHOA (the Board) that have taken place at the CCHOA meetings have not complied with the dictates of the Governing Documents, Defendants Rigsbee and O?’Reilly nonetheless contend that they are members of the Board. Plaintiff says, however, that Defendants Rigsbee and O?’Reilly are in reality only squatters in the boardroom....''
UPCOMING Court Hearing
Mark this one on your calendar:
When: 6-12-2003, 9:00 AM
Where: Travis County Courthouse
1000 Guadalupe, Austin, TX 78701
If the motion is granted, Ken Rigsbee and Jim O'Reilly will be removed as board of directors.
