Hey Buddy, Wanna Buy a Rolex Cheap?

Would you buy a Rolex on a street corner? If you’re a Unit IV owner, apparently not. They rejected the latest harebrained scheme of the majority of the KA Board, to lower the bar to change the deed restrictions.

In my opinion:

It was an attempt to salvage their broad usurpation of property rights, first partially codified in 2017 when they illicitly filed new deed restrictions for all Units. That led to a 2020 lawsuit, which they successfully delayed until this year by demanding that the plaintiff sue you, not the Association, for their actions. Since the Texas Supreme Court nixed that in June, they’re facing a virtually certain loss.

The were hoping they could do an end run around the lawsuit. It went like this:

Step One: Get 67% of the roughly 100 Unit IV owners to agree to allow 13%, about 13 owners, to change the deed restrictions in the future.

Step Two: Get those 13 to rubber stamp the Board’s dream restrictions. That is, 13 owners will have control over the property rights for the entire Unit.

Step Three: Rinse and repeat for the other Units.

Step Four: Argue to the court that the lawsuit is moot, because 13% of the owners have agreed to new restrictions.

Step Five: Prepare for more lawsuits. First, there’s no amendment clause, only a nullification clause, in the current deed restrictions. Second, in their “Dear Member” letter they both made up the concept of a “quorum” in reference to deed restrictions and arbitrarily set it as 20% of owners.

An on-going problem with the Board is election integrity. For instance, it asks for proxies to be sent directly to the Association, not a disinterested third party. Among other things, this give the opportunity to count votes prior to the election. Having counted and found themselves wanting, the Board cancelled the election.