Enthusiasm and high spirits were evident among the more than 50 home owners Monday prior to the start of Agua Viva’s first ever sub-regime meetings. But for many of us those high spirits took a nose dive with the news from Master Condo Regime administrator Bob Toubman that none of the four AV sub-regimes had a quorum.
The rules governing the process state that if a 75 percent quorum isn’t reached on the first call, then another call will be made two hours later at which a quorum of 51 percent is required. None of the sub-regimes came close to the 51 percent (Toubman didn’t even wait to make a second call, which is a good indication of how low our valid proxy numbers were). This was depressing news for those of us who worked so hard to get the word out about the proxy process. Special thanks to Penny Davis and Rich Simmons for all their hard work on behalf of Sub-Regime I.
But it was the news that ALL of TSD’s proxies were invalid that really caused a stir. Tempers flared when Bob announced that TSD sent photo-copied proxies for the lots it owns. Proxies must be originals which is something that TSD must have known, considering they went through this whole process with the Founder’s Neighborhood just a few short months ago.
Bob then explained that the lack of a quorum means he legally carries the vote for our sub-regimes. However, he offered a compromise that would allow home owner voices to be heard by casting “unofficial” votes for a Master Condo Regime advisor from each sub-regime.
Those advisors are Rich Simmons for Sub-Regime I (the largest of the sub-regimes) and Barry Sardis for SR J.
Things really got sticky, though, when home owners learned that TSD had the majority vote in sub-regimes K and L. According to Bob, all lot owners, even those with invalid proxies, were eligible to participate in the unofficial vote.
The situation quickly went from tense to angry.
TSD’s representative at the meeting, Hector Medina, told home owners that TSD does NOT want to take a stand in opposition to the home owners. “I won’t be voting against you,” he said. But shortly after making that statement, Hector said he would not go along with a compromise that would allow a co-advisor voted on by home owners for sub-regimes K and L. TSD’s majority vote in those two sub-regimes means they get to appoint the advisors.
Comments were overheard calling the whole thing a set-up.
A question was then raised about whether TSD can be considered an owner if they don’t build on the lots they own within two years. It was pointed out that according to our contracts, we, as home owners, are required to build within that two year time frame.
Bob didn’t have an answer, but said he’d look into it. (Home owner follow up needed!)
In happier news, while on a tour of their home Friday, Karen and Terry Stepp (AV24) discovered their 90 percent complete home is actually 100 percent complete! No one knew. Not Beck, not TCC and not TSD. How the heck does that happen?!
Next up: More on the home owner meeting…