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Background & questions C****** Inc. ****position was expired…

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Background & questions C****** Inc...

Background & questions C****** Inc. B****position was expired at *** 2017. Mr. *** **** was the only candidate for the open seat election slated on June 14, 2017. Due to lack of quorum for the Annual Meeting at that day, Mr. D. *****was not elected. C**** had to call second time within 30 days from ***, *** for the election. It was slated on *****. During that Annual Meeting, Mr. D.*** who did not win reelection after seeking it in the two candidates race, called for the cancellation of election after he lost by ⅔ to Mr. L***** (the second candidate). Manager **** from Spectrum AM, who had no contractual authority or permission from C***** Inc. Election Committee being in session during that Annual Meeting, closed the meeting, took all ballots (not sealed or secured) with him for the investigation. Consequently,H*** attorney decided that the election held at the Annual Meeting on ****, 2017 was determined to be void after review of samples of ballots. Membership of C***** Inc. reluctantly accepts that decision since nothing could be done about it due to the fact that ballots were not secured after tally & number of people not authorized by C***** Election Committee had access to our ballots before they were presented to attorney. We do get questions from concerned H*** Members regarding current situation to be clarified, “who is actually in our B*** ? Consensus among members is that the verdict of H*** attorney to void election is not equal with reinstatement of previous BOARD Member until he or she wins legitimate election again. Members do understand that the current status of C***** Inc. B*** consists of 2 Members only (R****, O*******) since *****, 2017, the day of first Annual Meeting & call for election which had no quorum. Our Membership understanding is that since that day, J*** one position remains vacant until filled by legitimate election. “There is NO any US or State of Texas law that allows the last incumbent Mr. ******* to go back and function as ****member between calls for elections” is that correct interpretation of the current elections law ? In summary, Membership wants to confirm that any decisions made by majority of B** votes should exclude Mr. ***votes, since he is not duly elected BOARD member at this time.

Submitted: 8 months ago.Category: Real Estate Law
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Customer reply replied 8 months ago
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Customer reply replied 8 months ago
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11/12/2017
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 8 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 125,956
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If Mr. Zander was not an incumbent and already on the board when he ran for the position June 14, then NOBODY is in that position until it is filled by a proper election. If Mr Zander was in the position on the board and was running for reelection, then he remains on the board until replaced with a newly elected candidate. However, if the space was open as you said, nobody is in it until a proper election is held and a proper election is certified.

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Customer reply replied 8 months ago
Thank you for your reply. It would be more valuable reply if You could provide which paragraph of the law is supporting each response, otherwise it is just opinion which I can't use effectively in my response to Compliance & Election Com. of our HOA.
Sincerely,
Roza
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 8 months ago

Thank you for your reply.

This is all in the Texas HOA Act: http://www.statutes.legis.state.tx.us/SOTWDocs/PR/htm/PR.209.htm

particularly in Property Code Sec. 209.00593 titled, ELECTION OF BOARD MEMBERS. It is also going to be found in your HOA bylaws, which you also need to review regarding their rules on elections and cite to in your response to your HOA.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Real Estate Lawyer: Law Educator, Esq., Lawyer replied 8 months ago

Thank you for your question. Do you have any further questions?

If not, please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 8 months ago
Regretfully, it is not signed by ANY name, it can't be used in legal debate.
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 8 months ago

Thank you for your reply. I am sorry, but did you read our terms of service before you posted and took the expert's time to answer you, where it explained that we are not a substitute for actual local representation and we are designed to be an information service. If you want a legal opinion that is signed by an attorney, you need to go to a local attorney and pay their fee for doing so.

We exist here to get people information so they are educated as to their rights and we have done that for you.

We did provide you the state law supporting the answer, which is all you need for your legal debate.

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Real Estate Lawyer: Law Educator, Esq., Lawyer replied 8 months ago

Had you told us up front you wanted a legal opinion letter we would have told you to go to a local attorney right at the beginning and saved your time and the attorney's time who was trying to provide you the information you were asking for.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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