Letter to Property Owners of Indian Harbor

 

I believe it is the duty of the Board of Directors to keep the membership informed as to what is going on in Indian Harbor concerning 1 owner = 1 vote.  A petition was circulated with the intention of getting this on the ballot for the annual meeting on August 18, 2017. The required 100 property owner signatures have been verified and this proposed by-law change will be on the ballot to be voted on by each property owner.  If you have three lots, you have three votes.  If this change passes you will only have one vote even though you still have three lots, and will be expected to still pay assessments on all lots you own.

 

The current by law reads: Article V, Section 2. Voting Rights of Members. Each member of the Corporation shall be entitled to one (1) Vote for each lot owned.  Owners of lots not subject to assessments shall not be granted a vote for such lots.  There shall be no split-votes permitted. 

The proposed by law change is amended to read: Article V, Section 2.  A property owner may not cast more than one vote, regardless of the number of lots the person owns.  If more than one person owns an interest in a lot, the owners may only cast one vote for that lot.  A person may not vote if the person has an interest in a lot only by virtue of being a lien holder.  Owners of lots not subject to assessments shall not be granted a vote for such lot.

 

The majority of the Board members are against this proposed change to the by-laws.  It is the norm for Texas Property Owners Associations to have one vote for each lot owned and I feel it is the only fair thing to do for a property owner who owns multiple lots and pays multiple assessments. Assessments are not taxes, they are fees charged to live in a gated community. You pay city taxes if you live in the city and have one vote.  You pay county taxes if you live in the county and have one vote. Your taxes are based on the value of your real estate.  Your assessments are based on each lot owned.  If you own stock or shares in a company, you have as many votes as you have shares.

 

If this proposed change to the by-laws passes, the Harbor is in danger of losing much of its revenue due to the fact that property owners might decide if he/she only has one vote, he/she should have to pay only one assessment. If and when that should happen, it would take a substantial assessment increase to offset the lost revenue. We also run the risk of having lawsuits filed against the Harbor due to loss of their votes and this would be very expensive for the Harbor.

 

Exercise your right to vote and vote against this proposal to change the by-laws!

 

Respectively,

Pat Hudson,

President of the Board