Newest Responses to Board at the top.
VDN Strong Response to “Community Letter from Board” dated August 26, 2020:
Rather than engage with neighbors, the Board has issued a “Community Letter” in which they attempt to justify their recent actions, threaten defamation lawsuits and explain why they are spending our dues on legal fees. In attempting to explain their authority to amend our bylaws without a vote of the members, they refer us to a chapter in the Texas Business Organizations Code (“the Code”) and say what they did is okay because this is done “regularly across the state of Texas.” What they don’t tell you is that the Code is a default provision in the event our governing documents are silent on the issue. But our documents are not silent. Our bylaws say that the members vote to amend the bylaws and nowhere in the bylaws or other governing documents, does our subdivision give the Board the right to amend. To the contrary, the bylaws vest the right to amend in the members. Section 13.1 of VDN’s original bylaws state: “These bylaws may be amended, at a regular or special meeting of the members, by a vote of a majority of a quorum of members present in person or by proxy.”
The Board’s letter says they will have to spend more of our dues for legal fees and that this can be avoided “if we maintain …productive communications.” First, the only reason the Board is having to spend money on legal fees is because they are taking actions against us – and spending our money to do it. They have taken away our right to vote and amended our bylaws in secret. As for “productive communications,” it was the Board that stopped communicating with homeowners. They refuse to respond to emails; they don’t allow participation at meetings; they require questions be provided in advance and then choose which questions they will respond to. They’ve left members with no other choice than to resort to social media to vent their frustrations.
The Board says they are concerned about damaging property values and they should be concerned. A subdivision that is run by a board that operates with a lack of transparency and takes rights away from its members can quickly give a neighborhood a bad reputation.
Finally, the Board’s letter says they are “working with legal counsel on how best to hold virtual meetings while staying within the confines of our governing documents and the law.” What are they talking about? By now, we are all used to attending meetings virtually by video conference. It’s not difficult to do; our kids even do it. And why do they need legal advice to hold a meeting? Our neighborhood has been holding monthly board meetings for over 40 years and we never had to ask an attorney how to talk with neighbors.
We very much regret that it has come to this. We have tried to talk to the Board about these issues, but have gotten nowhere. No one wants to get crosswise with neighbors. VDN is a great neighborhood to live in and we want to make sure it stays that way.
We ask that you visit vdnstrong.com and sign the Petition demanding that the Board immediately rescind the amended Bylaws. If the Board fails to rescind the Bylaws, we are asking that the Board be removed from office and that new Board members be elected at a special meeting of the members.
SIGN THE PETITION