Rigsbee on Texas Law

Posted in: Circle C
THE TRUTH

One week before the 2003 election, at a public meeting at the pool, with a few dozen people present, a resident lawyer (Gammon) told the board how they were required by Texas Law to provide a voter list. Gammon said, without the Voter List, there would be no way to find out if we had a quorum at the meeting.

Rigsbee said ''We don't need a voter list, that's a judgment call''.

Now we know it's not a judgment call. It's Texas Law. The CCHOA had NEVER produced a voters list. A judge forced the BOD to provide voter lists for future elections.

Rigsbee's poor judgment cost our HOA $100,000.00 in legal fees.

The board also chose to cap the residents votes, days before the 2003 election. That would have reduced the total resident votes by about 40%. The builder votes would have been untouched. Bartlett would have had a better chance at staying in power. Two Travis County judges agreed that reducing the resident votes was an illegal act of the board.

Instead of complying with the law, the Board of Directors were stubborn and wanted to fight it out in court, with your money. They lost your money, and they lost the fight. Gammon never asked for legal fees, only that the Law and our governing documents be followed.

To make matters worse, they have yet to be upfront with the residents. They have not told the truth. They will not apologize for their errors of judgment. They have yet to tell the residents that they were dead wrong.

In all the materials the board produce, they continue to use Gammon as a scapegoat.

But who's actions were found to be unlawful?

The board was also caught with their hands in our cookie jar. One of the board members businesses, ''Phoenix Holdings'', was given a 10 year lease for CCHOA property, for less than cost, at 100 dollars a month, then subleased it to 2 companies. All board members singed the approval of the lease two years ago. The board just recently announced they have canceled the 10 year contract, but agreed to no wrong doing.

This board appears to be only full of excuses and themselves. Vote 9 board members, and only vote for those who live here in Circle C. Go to the CCHOA Meeting Tuesday night at 6:30. Bring your ID. Vote for change.

F. Franklin
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