It is now a matter of public record. For perhaps the first time in Texas history, four new Board Members of a Home Owners Association (Meadowcreek Association, Inc.) have filed a lawsuit naming the incumbent Board Members as Defendants.
In Cause Number 10-DCV-179320 (Fort Bend County), the four new members along with two residents have filed a Petition for Declaratory Judgment and Application for Temporary Injunction, naming Meadowcreek Association, Inc., Terry Strickland, Mildred Johnson Jackson Mills, David Hamner, Eugene Placke and Claude L. Whitaker as Defendants. The incumbent Board, most notably the President Terry Strickland, once again leaving a meeting on March 11, 2010 that was in order and without a proper adjournment, necessitated the legal action. This tactic has been used more than once to stop any Board actions from taking place when the incumbent members no longer enjoyed a majority position at the meeting (See January 30th Meeting blog).
It will be interesting to see how this case develops, as the legal firm (Holoway Jones) that normally represents the Association will certainly have a conflict of interest in defending the incumbent members from a lawsuit filed by new members of the same Board.
The lawsuit details have not been posted to the county website yet, but will probably be available soon. Individuals can visit the Fort Bend website by going to the following link:
http://ccweb.co.fort-bend.tx.us/
In Cause Number 10-DCV-179320 (Fort Bend County), the four new members along with two residents have filed a Petition for Declaratory Judgment and Application for Temporary Injunction, naming Meadowcreek Association, Inc., Terry Strickland, Mildred Johnson Jackson Mills, David Hamner, Eugene Placke and Claude L. Whitaker as Defendants. The incumbent Board, most notably the President Terry Strickland, once again leaving a meeting on March 11, 2010 that was in order and without a proper adjournment, necessitated the legal action. This tactic has been used more than once to stop any Board actions from taking place when the incumbent members no longer enjoyed a majority position at the meeting (See January 30th Meeting blog).
It will be interesting to see how this case develops, as the legal firm (Holoway Jones) that normally represents the Association will certainly have a conflict of interest in defending the incumbent members from a lawsuit filed by new members of the same Board.
The lawsuit details have not been posted to the county website yet, but will probably be available soon. Individuals can visit the Fort Bend website by going to the following link:
http://ccweb.co.fort-bend.tx.us/
The suit can be found under the Civil/Probate Court link.
It's about time. Discovery should prove to be interesting. Maybe some of the "hidden" items will finally see the light of day! Way to go Ladies and Gentlemen.
ReplyDeleteChallenge any gag orders that Jone's firm tries to engage in with the judge. The homeowners and the taxpaying public have the right to know what is going on not just in this neighborhood but many FB county neighborhoods...
ReplyDeletehttp://pages.prodigy.net/hoadata/
This story is making the blog circuit now:
ReplyDeletehttp://myfortbend.net/news/local/crime/1307-mcc-sugar-land-city-council-member-russel-joness-law-firm-caught-in-the-middle-of-a-law-suit
http://missouricitychatter.blogspot.com/2010/03/meadowcreek-hoa-new-board-members.html
YES it taken just a few good neighbors to see right from wrong in our behalf and do something about it. I would hope more of our neighbors will stand up and take note what is going on around them that we have come to these measures that we have to file lawsuits to protect ourselves against our own neighbors that are board members only looking out for themselves.
ReplyDeleteNow are neighbors who are board members are going to have to spend their hard earned money to defend themselves to prove they have done nothing wrong (Yea Right). But if they acted unfairly and in appropriately they will be held accountable and the worse is yet to come for all of them I’m sure of.
Their best bet is to stop whatever it is their doing together and resign their positions, make a public apology to the community and let new board members come in and try to repair and fix what has been misused. I’m sure something can be worked out if we can all sit down between two to four people and work things out from here.
If not I would say then the old board members get your life in order because the law man is coming to disrupt your lives as you have done to us? This fight is only beginning and I could see this happing all over Texas.
I see the Fort Bend Independent picked it up today and ran it on page 3. That's pretty honorable of Kumar considering he sells ad space to Jone's law firm and they are involved in this up to their necks. Amazing how Allen Owen and Jones used to serve on MC council together. Doesn't the same firm also handle Quail Valley East's HOA legal billing? I wonder why Jones moved out of MC and into Sugar Land and then joined the city council too? What is it with these guys, do the special interest have list of "insiders" or something? I wonder too if his district knows about his law firms activities next door in MC? Maybe we need to let them know about all the foreclosure filings filed on these two neighborhoods. Make it very public and let the citizens decide if these people should serve us or not! Makes you wonder whose serving whom.
ReplyDeleteGood catch responsible! The Star also had a small inside piece regarding the suit. Can't get "above the fold" however.
ReplyDeleteYou are correct in your assumption that Holoway Jones associate Lewis Smith also handles the legal work for QV East. Interested parties can discover the scope of his activities on the Fort Bend County website:
http://ccweb.co.fort-bend.tx.us/
A quick look indicates 2007 activity at 121, 2008 at 169, 2009 at 107 and 2010 at 9. The season really starts in May however, so keep a close watch to see what develops in 2010. Smith apparently handles the legal work for twelve or more associations.
Lets just say CASH COWS and these two got the market, I bet they each own 6 to 8 rental homes what do you think?
ReplyDeleteSome of you may be interested in how Russell Jones speaks against homeowners at these senate hearings and invokes the name of Allen Owen as supporting him. Thank goodness the industry only had a small handful of lobbyist testifying while the average taxpayers/homeowners were well represented.
ReplyDeleteSenate hearing and related coverage:
http://www.senate.state.tx.us/75r/Senate/commit/c520/c520.htm
http://missouricitychatter.blogspot.com/2010/04/khou-sugar-land-city-council-member.html
The above link will take you to the Texas Senate page, with a link (audio only) to the testimony on April 7. Mr. Jones testimony can be found at the one hour fifty eight minute mark (1:58).
ReplyDelete