Law Suit Filed Against the Point Aquarius POA
An online review of the 410th Judicial Court reveals that a lawsuit has been filed against the Point Aquarius POA. None of this should surprise residents after the laughable election the inner circle of the board pulled on May 22, 2006. They had originally appointed a director who was not a property owner in Point Aquarius as is required by the by-laws. Once they were challenged on that illegality, they tried to cover it up with a highly questionable “Durable Power of Attorney.” The judge will hold a hearing on June 6th according to the online docket.
This certainly appears to be an open and shut case. Joe Ashton was not a property owner at the time the candidates should have been vetted for the election. To present a document with an effective date of May 16, 2006 does not make him a property owner at the time of the election in April. In fact, the document itself may not have jurisdiction to decide ownership, but the judge will decide that.
It is interesting to note that whoever was appointed to determine eligibility to run in a POA election apparently didn’t do the job thoroughly. Was it the Secretary who failed to check on the ownership question? Or, did the inner circle just try to sneak it through? This time, we may find out because many are likely to have to testify under oath.
The sad part of this attempt at power control in Point Aquarius is that the association is probably going to have to pay for the legal fees to undo everything done by the illegal director along with every item that was carried by way of his vote.
Concerned Residents
This certainly appears to be an open and shut case. Joe Ashton was not a property owner at the time the candidates should have been vetted for the election. To present a document with an effective date of May 16, 2006 does not make him a property owner at the time of the election in April. In fact, the document itself may not have jurisdiction to decide ownership, but the judge will decide that.
It is interesting to note that whoever was appointed to determine eligibility to run in a POA election apparently didn’t do the job thoroughly. Was it the Secretary who failed to check on the ownership question? Or, did the inner circle just try to sneak it through? This time, we may find out because many are likely to have to testify under oath.
The sad part of this attempt at power control in Point Aquarius is that the association is probably going to have to pay for the legal fees to undo everything done by the illegal director along with every item that was carried by way of his vote.
Concerned Residents
posted by Ralph Splawski at 12:17 PM
2 Comments:
I would most definetly like to say, I Live in Point Aquarius with my young children and had planned on living there for many years to come. However, with all the controversy, I am having second thought. I am behind JOE ASHTON 100%. I have spoke with him and he seem sto have a good head on his shoulders. I know Mr. Ashton is here for the people and not just for politics like the Buckner's. Why else would someone who at first backed Mr. Ashton would now run against him when they didn't even live in section 1? That's right, I said they backed Mr. Ashton when he became interim Director for section 1. They had him over for "off the record" meetings to try to get him to take their point of view on things. Not until he stood on HIS OWN 2 feet and said he had his own decisions and is not on anyone's "side" did they decide to stab him in the back and run against him. They are not here for the people, they are obviously trying to have control over the board and the property owners of Point Aquarius. Property Owners BEWARE if BUCKNER is elected. THE POA WILL GO DOWNHILL & THE PEOPLE WILL NEVER BE LISTENED TO AGAIN!!!!!
I don't really care who is a director or on the board. The real problem with this community is the Management Company and a do nothing board of directors.
They refuse to enforce the deed restrictions particularly in section 1. Blatent deed restriction violations are ignored as long as you are good friends with Jeri and Diane. Steve Durham is useless. He spouts "legal opinions" but is not an attorney. Recently he told me that even though the POA has the authority to enforce the deed restrictions they do not LEGALLY have to enforce them. What a crock. I am filing a complaint against Mr Durham with the Texas State Bar for practing law without a liscense.
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