Once again, the representation of our Association is becoming somewhat stacked. As several members under the threat of recall decided to resign, handpicked new board members started to show up. Let us first take a look at the current members and their positions:
Section 1: Tony LaBarre, 2719 Meadowcreek Drive
832-877-9922 tblabarre@yahoo.com
Section 1: Tony LaBarre, 2719 Meadowcreek Drive
832-877-9922 tblabarre@yahoo.com
Section 2: Kenneth Murphy, 2322 Ashmont Drive
281 499-0248 jamurph1953@aol.com
281 499-0248 jamurph1953@aol.com
Section 3: OPEN
Section 4 (Patio Homes): Willie Jones, 2942 Creekway Circle
281-261-5808 jondw549@yahoo.com
Section 6 (Townhomes): Terry Strickland, 3003 Beecave Drive
strick9701@aol.com
At Large 7: Brian Malone, 2518 Ashmont Drive
281-499-6658 brianwmalone@comcast.net
At Large 8: Milbry Smith, 2319 Broadgreen Drive
281-403-9009 mrslyiah@yahoo.com
At Large 9: Mary Forame, 2726 Meadowcreek Drive
713-557-3369 miss_mary66@live.com
Note that three board members (3) actually live in Section One (LaBarre, Malone and Forame). Now a rumor has started that the board plans to fill the Position Three opening with another individual that lives in Section One. This would create a board that simply does not truly represent the interests of the entire Meadowcreek neighborhood. While the current by-laws does allow this situation, it only seems fair that if a member living in Section Three has submitted a resume or letter indicating a willingness to serve, that individual should receive first consideration for the opening.
This opening will probably be filled at the meeting to be held on August 12, 2010. If you live in Section Three, you should plan to attend and make your opinion public. To be elected to a position, you have to live in the section – insist that the board appointed replacements do the same whenever possible.
Finally, attend every meeting that you can and observe the board. Determine for yourself if the board is conducting business in a fair and impartial manner. Remember that the odd numbered positions (1,3,5,7 and 9) must stand for election at the annual meeting that is really not far off.
Now on to another subject. If you attended the special meeting of the members, you heard both Tony Sherman and Lewis Smith (Holoway Jones Associate) state that the termination of the firm would create an obligation of Thirty Thousand Dollars ($30,000) that we would have to pay the firm by contract. Now let’s look at the truth. There are two agreements between the Association and the law firm. The first is a consultation and fee contract for general matters. This agreement does NOT have a term or any provision that would preclude the association from immediately terminating the agreement without penalty. No $30,000 indebtedness here.
The second agreement covers maintenance assessment collections. This agreement does have a term and an automatic renewal provision. The agreement can be cancelled effective December 31, 2010 if the association notifies the firm, in writing, on or before November 30th of any year during which the agreement is in force. Paragraph 7.02 states that “termination shall not be effective as to any Claims previously assigned to Attorney”. If the Attorney is not required to withdraw any claims, once again – no damage so no liquidated damages are due. No $30,000 indebtedness here either. Maybe Mr. Smith just likes this number and feels that some penalty is deserved.
By the way. Paragraph 7.03 allows the Attorney to take a hike whenever he/she desires without notice or penalty. In addition, the same paragraph allows the Attorney to pay himself/herself before returning any funds to the Association. Sounds fair doesn’t it?
I wonder if the board has created the committee that was called for in the special meeting, with the charter of determining the best way to effect the termination that was approved by member vote.
At Large 7: Brian Malone, 2518 Ashmont Drive
281-499-6658 brianwmalone@comcast.net
At Large 8: Milbry Smith, 2319 Broadgreen Drive
281-403-9009 mrslyiah@yahoo.com
At Large 9: Mary Forame, 2726 Meadowcreek Drive
713-557-3369 miss_mary66@live.com
Note that three board members (3) actually live in Section One (LaBarre, Malone and Forame). Now a rumor has started that the board plans to fill the Position Three opening with another individual that lives in Section One. This would create a board that simply does not truly represent the interests of the entire Meadowcreek neighborhood. While the current by-laws does allow this situation, it only seems fair that if a member living in Section Three has submitted a resume or letter indicating a willingness to serve, that individual should receive first consideration for the opening.
This opening will probably be filled at the meeting to be held on August 12, 2010. If you live in Section Three, you should plan to attend and make your opinion public. To be elected to a position, you have to live in the section – insist that the board appointed replacements do the same whenever possible.
Finally, attend every meeting that you can and observe the board. Determine for yourself if the board is conducting business in a fair and impartial manner. Remember that the odd numbered positions (1,3,5,7 and 9) must stand for election at the annual meeting that is really not far off.
Now on to another subject. If you attended the special meeting of the members, you heard both Tony Sherman and Lewis Smith (Holoway Jones Associate) state that the termination of the firm would create an obligation of Thirty Thousand Dollars ($30,000) that we would have to pay the firm by contract. Now let’s look at the truth. There are two agreements between the Association and the law firm. The first is a consultation and fee contract for general matters. This agreement does NOT have a term or any provision that would preclude the association from immediately terminating the agreement without penalty. No $30,000 indebtedness here.
The second agreement covers maintenance assessment collections. This agreement does have a term and an automatic renewal provision. The agreement can be cancelled effective December 31, 2010 if the association notifies the firm, in writing, on or before November 30th of any year during which the agreement is in force. Paragraph 7.02 states that “termination shall not be effective as to any Claims previously assigned to Attorney”. If the Attorney is not required to withdraw any claims, once again – no damage so no liquidated damages are due. No $30,000 indebtedness here either. Maybe Mr. Smith just likes this number and feels that some penalty is deserved.
By the way. Paragraph 7.03 allows the Attorney to take a hike whenever he/she desires without notice or penalty. In addition, the same paragraph allows the Attorney to pay himself/herself before returning any funds to the Association. Sounds fair doesn’t it?
I wonder if the board has created the committee that was called for in the special meeting, with the charter of determining the best way to effect the termination that was approved by member vote.
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