Vote NO on the pending bylaws amendment ...
Reasons to Vote "NO" for Bylaws Changes ...
How and Why Members will loose their Rights ...
The proposed changes you are being asked to vote on, will affect your rights ... please vote NO for the following reasons:
1) The alleged documents changes are illegal, because a) the alleged document has be fraudulently signed and dated b) the alleged document is in the name of another HOA c) the proposed changes are bad for the members.
2) The proposed document has been drafted by the current Viewpointe Attorney, Michael Shupe; he has been giving VP poor advice that will benefit him and the management company, but not the members.
3) The proposed changes will result in a) the members loosing control of the democratic election process and board members holding over year-after-year b) possibility of excessive number of board members c) the nomination process c) number of limited meeting per year d) electronic voting with no means to audit e) high spending limits without member approval f) lowering the percentage to make changes to the governing documents - very dangerous.
4) The current board has been making poor choices about a) landscaping b) water management and repairs c) taking too long to address the problems of the association - kicking the can down the road d) lack of transparency. i.e. a) the last big water leak between VP II and VP III ... no details were ever given the the members b) lack of transparency on the town hall meeting on the proposed bylaws changes.
The proposed changes do not benefit the Members . Dan Deppen is asking you to vote "NO" on the changes. THE BYLAWS "ILLEGAL AMENDMENT" PROPOSAL IS A DISASTER ... VOTE "NO".
Vote "NO" on the VP Bylaws Amendment
Board Members Try for Illegal Bylaws Changes ...
What this means for the Members ...
For a few years the Viewpointe Board Members have been talking about changes to the Bylaws. Fueled by the HOA Industry ... i.e. Property Managers HOA Attorney's and their advocacies. The reason is because "they" the professionals, benefit from the changes. The members do not benefit and in fact most proposed changes strip the members of control of their own organization. Some examples are: lowering the percentage of members for changes to the governing documents, allowing for Board Members to holdover and stay on the board without member votes, lowering spending limits, and changes to the election process, so that they can control who gets elected.
On January 22, 2004, there was a town hall meeting (questions and answer) for the members to discuss the proposed changes to the bylaws. All of the Board members were their along with Michael Shupe (VP Attorney) about ten or so members, including member Dan Deppen. The topics included:
a) Annual meetings and when they should occur.
b) Number of board members - nine verses five.
c) Election and term of office.
d) Nomination process.
e) Voting methods - electronic vs paper ballot.
f) Number and frequency of member meetings.
g) There was an "out of order" accusation against a member by the President that was unprofessional.
h) At the end of the meeting there were three board members that thanked Dan Deppen for his lengthy and knowledgeable contribution to the meeting.
i) A member objected to the wording "amend" when in fact the bylaws attempted to be changed are not legal; in the name of another HOA and a forged signature and date. *A revealing and telling statement by Viewpointe President, Mark Flint ... "should anyone want to dispute this they can do it through the courts, not in these meetings."
Joy Brown at Mission Management said there would be minutes of the meeting ... more than six requests by Dan Deppen for a copy of the minutes ... Joy had made a number of comments in her emails: minutes are not required to be taken, minutes are being transcribed as a courtesy, minutes would have to be approved by the board at a monthly meeting, and that the recording of the meeting would be deleted. Finally, six months later the minutes were sent to Dan Deppen via email and allegedly posted on the Mission Management Portal (to date there is no posting). Dan Deppen replied: unfortunately and not surprising, the document does not reflect transparency to the members. It is a disappointment to see the abbreviated and redacted version of what actually took place at the meeting . . . ninety percent of the members have no idea of what was discussed or debated. Here is a copy of the Minutes. Question: Does this look like the minutes of a member meeting that lasted over two hours?
Dan Deppen made a request to Joy Brown for a copy of the proposed changes to the alleged bylaws and Joy emailed them right away. She said the changes have been posted to the MIssion Management Portal as well as a copy was sent via USPS mail to Dan Deppen. As of today, neither has been done. In fact, this was the first time Dan had seen this version of the proposed document ( 2022 12 30 Amended and Restated Bylaws - MSS rev v3 ).
After reading the proposed changes, Dan Deppen has serious concerns - most notably:
1) Calling the new document "Amended" - the alleged document up for amendment is a forgery.
2) Allowing for up to nine board members.
3) Allowing board members to hold over without member voting.
4) No limit on spending.
5) Only two meetings each year.
6) Not allowing for a set time for annual elections.
7) No collections policy.
8) Not adequate bookkeeping requirements.
9) No arbitration rights for members.
10) Lowering the percentage to make changes to the governing documents.
11) Deleting two signature requirements for check writing.
12) Allowing for electronic voting.
*Here is a copy of proposed changes marked up in red marker. The marking in "red" reflects Dan Deppen's
area of concerns to be changed or verbiage to be left in ... THIS IS IMPORTANT ... IT AFFECTS YOU!
These proposed changes do not benefit the Members . Dan Deppen is asking you to vote "NO" on the changes. THE BYLAWS "ILLEGAL AMENDMENT" PROPOSAL IS A DISASTER ... VOTE "NO".
Vote "NO" on the VP Bylaws Amendment