In 2017, in plain violation of Texas law, the Board filed new deed restrictions for all five Key Allegro units. As compared to the original, and still legitimate restrictions, they purport to transfer property rights from owners to the Association.

In the original restrictions the Association is mentioned only in passing, once for Units I-III and twice for Units IV and V. It was created to keep the canals dredged and pick up floating debris if the owners didn’t, nothing more. Clearly the Board hasn’t shown interest in that responsibility. There’s been no canal dredging for years. Instead it’s interested in controlling the dry land.

Chris Kappmeyer filed a lawsuit asking the court to state the obvious, that the Association couldn’t claim rights over him and his property based on the illicit 2017 deed restrictions. As stated in the lawsuit, the Board “staged a coup by paperwork when no one was looking.”

Through its attorney the Board demanded that Chris sue not just the Association, but all Key Allegro owners. Consider the irony. The Board, at least temporarily protected from personal liability by the corporate veil and Association insurance, created the problem and then demanded through its attorneys that all Key Allegro owners, innocent bystanders, be personally sued for the Board’s illicit actions. As Chris’ attorney replied in response, “The motion is shocking and unconscionable…”

Inexplicably, following a hearing in which Lynn Powers testified in support of suing all owners for the illegal actions of the Board, the judge agreed. She says Chris must sue all owners.

Though board members John Schwarz, Stephen Portner, Keitha Spiekerman, Jim Martin and Myatt Hancock didn’t attend the hearing, Brink Brinkerhoff and Chris Veatch were there. Perhaps Mr. Brinkerhoff came because he has so much invested in the Association’s usurpation of property owner’s rights. He was the President of the Association during the creation of the illicit foundation of documents that later permitted the Board to claim extensive authority over the island following Hurricane Harvey.

As President, Mr. Brinkerhoff stated at the 2016 annual meeting that the objective was to move to more active monitoring and management and maintenance of our island. To say that he and his fellow board members and Presidents Dave Foster and Lynn Powers have accomplished that is an understatement. We’ve been monitored, managed and maintained good and hard.

Their lust to control their neighbors seemingly unsatiated, by getting a judge to agree that we should all be sued for the Board’s lawlessness, Ms. Powers, Mr. Brinkerhoof and the rest of the Board have stabbed us in the back once again.

It’s been my opinion for at least two years that this group won’t stop short of court orders, possibly even requiring lawsuits holding them personal responsible. In that regard, a board that will stoop to the level of demanding all owners be sued leaves a target rich environment in its wake of abuse. The difficulty isn’t finding violations of law, deed restrictions, bylaws, fiduciary responsibility and evidences of abuse of authority to go after. Rather, the difficulty is in choosing which of many abuses to first address.

Bottom line, this Board is a lawsuit generating factory. They’ve had at least two since 2019. Expect more to come.