During the June 19, 2013, meeting of the Clear Lake City Community Association, just minutes prior to seating the newly elected Trustees, the Board of Trustees passed an unprecedented motion to rescind the candidate application of the winner of the Trustee position for the Oakbrook subdivision (Exhibit A, item 10; Exhibit B; and Exhibit C). This resulted in the Board seating the incumbent Trustee who lost the election by a vote of 57 to 30 (Exhibit A, item 10). The Board of Trustees ignored the vote of the residents of the Oakbrook subdivision when they passed this unprecedented motion.
The reason provided by the Board of Trustees for the motion was the candidate did not utilize the "official" Candidate Application form (from 2011), which clearly states the candidate must present the application in person to the association office (Exhibit B; Exhibit C; and Exhibit D). The winning candidate gave his Candidate Application form to a representative of the association, a sitting member of the Board of Trustees, who then gave the application form to the association office. Prior to the April 18, 2013, deadline for filing, the winning candidate appeared in person at the association office to make sure they received his Candidate Application form and to take care of any fees associated with the application.
Prior to the annual Clear Lake City Community Association Board of Trustees election each year, the Board creates an Election Committee and tasks the committee with overseeing the election.
• In 2011, the Election Committee brought motions before the Board of Trustees at the March 15, 2011, meeting to update the Candidate Application form and fee. The Board approved both motions (Exhibit E, page 4 of 6).
• In 2012, the Election Committee brought a motion before the Board of Trustees at the February 21, 2012, meeting to update the Candidate Application form and remove the fee. The Board approved the motion (Exhibit F, page 3 of 4 and Exhibit G).
• In 2013, the Election Committee did not bring any motions before the Board of Trustees prior to the election. The association office modified the 2012 Candidate Application form to include the available Trustee positions for 2013 and posted the official 2013 Candidate Application form on the association website (Exhibit H).
Based on these facts, the "official" Candidate Application form was the form approved by the Board of Trustees in 2012 (Exhibit G) and modified to include the 2013 positions (Exhibit H). Additionally, the public notices for the 2013 Board of Trustees Election (Exhibit I; Exhibit J; Exhibit K; and Exhibit L) did not include any information regarding the submission of applications in person or required fees.
For the record, all of the candidates for the 2013 Board of Trustees Election, including the incumbents, submitted completed 2013 Candidate Application forms.
List of Exhibits
A. Document: Special Election Committee Final Report 2013.pdf
B. Video: CLCCA HOA Election Hijacking part 1, http://youtu.be/V2bIocE4G2Y
C. Video: CLCCA HOA Election Hijacking part 2, http://youtu.be/F8L3XtphEg8
D. Video: clcca hoa 2013 07 21 chapter and verse, http://youtu.be/0yh7ZWF_aGo
E. Document: 2011-03-15 BOT Meeting Minutes.pdf
F. Document: 2012-02-21 BOT Meeting Minutes.pdf
G. Document: 2012BOT Election Candidate Form.pdf
H: Document: 2013 BOT Election Candidate Form.pdf
I: Document: 2013 BOT Election Notice #1.pdf
J: Document: 2013 BOT Election Notice #2.pdf