CVNA July 16, 2024 Minutes
Attendance: Missy Q, Jeannie S, Jessica N, Allyson W, David M, Alan K, Steve S, Skylar (phone), Terri J (phone)
-5:03pm called meeting to order
-June meeting minutes approved: 1st Steve, 2nd David
Treasurer Report
-income from CASA of $3843.90, this was paid to CVNA by mistake, refunded this amount back to CASA
-insurance policy 3yr quote of $983 yearly, approved: 1st David, 2nd Steve
-landscaping quotes: Garden Scapes $23392.14yr, Superior Scapes $31850yr, Culter Scapes $57000yr, voted to stay with Garden Scapes, approved: 1st David, 2nd Alan
-11mth reflection of budget, spending what we are taking in, $78300 budget – anticipating for 2024-25
ACC:
-none
Covenant violation:
-5125 Burnt Pine (political sign/flag in back yard facing golf course), letter sent
-4675 Sawgrass Rd. (running a business from home, dump trucks/vehicles in yard), letter sent
Old Business:
Reminder that board members are required to attend 8 regularly scheduled meetings.
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See below the email sent to all members of the neighborhood from CVNA:
The Board of Directors would like to thank everyone who attended the special meetings, voted, offered feedback and for your overall support!!!
Here are the results:
The Board of Directors proposed three recommendations to be voted on at the May 2024 Membership meeting. The recommendations were in summary as follows:
- Correcting the over specific and conflicting provision in the by-laws (Article iii sec 4)
- Grant BOD authority to raise or decrease dues by 10% once every five year period if necessary.
- Dues increase to $300.
Quorum was met and all three proposals PASSED by a 2/3rd vote as follows:
Total of 128 votes
- PASSED 84%
- PASSED 67%
- PASSED 80%
Dues will now be $300 effective immediately. The BOD will contact the attorney to have the by-laws amended as proposed. The amended by-laws will be filed with the state and updated on our website.
Our Annual meeting will be held in August, we are looking into different locations and dates. We will update everyone as soon as possible.
Again, thank you to the Membership for voting and supporting the Board’s efforts in keeping CENTENNIAL VALLEY NEIGHBORHOOD the best one in Conway!
Please reach out with any questions!!
-CVNA BOARD OF DIRECTORS
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See below the email sent to CVNA from LuAnn Deere & others:
To: CVNA Board of Directors:
Missy Quinn, Melissa Reibe, Jessica Nichols, Jeannie Stroth, Steve Scherrey, Alan Kizer, Karla Braswell, David McClain, Skylar Adams, Allison Worthen,Terri Johnson
We are writing this letter to contest the CVNA Meeting voting results on May 13, 2024. We sought a legal opinion and have found the CVNA Board of Directors have violated multiple CVNA Bylaws and Robert’s Rule of Order guidelines that are listed below, but not limited to these violations.
To avoid legal proceedings we ask that the CVNA Board of Directors immediately refrain from changing the CVNA Bylaws and increasing dues as a result of the May 13, 2024 vote.
As a point of reference please review our CVNA Bylaws Revised and approved August 6, 2015. Please note (RRO) Roberts Rule Order and remember that it applies to our CVNA Bylaws. Meetings, Section 6. Order of Business. “The order of business for all meetings shall be determined by the Board of Directors. Robert’s Rules of Order shall be recognized at any and all meetings of the association or Board of Directors.
Please review the below violations and cease and desist immediately raising CVNA dues to $300.00 a year and making any changes to the CVNA Bylaws that were voted on May 13, 2024.
According to the CVNA Bylaws Revised and approved : August 6 2015, proxy voting was contaminated. Therefore, the CVNA meeting failed to establish a quorum on May 13th 2024 .
The CVNA Board of Directors reported 128 total votes that included members present at the May 13, 2024 meeting and proxy voting. The total attending the May 13th meeting was less than 30. Which means that less than 30 members attended because of multiple members from the same household. All online proxy voting has been contaminated and must not be counted to establish the one-fourth of membership needed for a quorum.
CVNA Bylaws, Association, Meeting IV, Quorum. The presence or in person or by proxy of one-fourth of members of the associations entitled to vote shall be necessary to constitute a quorum for the transaction of business. A proxy vote must be in writing. Another member of the association must attest the proxy with their signature on the proxy vote as well.
CVNA “A proxy vote must be in writing. Another member of the association must attest the proxy with their signature on the proxy vote as well.”
Proxy voting was mostly done if not all done by internet voting. This violates our bylaws because votes were not in writing and signatures can not be validated. Our bylaws do not approve Internet voting. Internet voting can be manipulated and does not protect the privacy of the vote until the votes are counted, which according to RRO, the proxy votes should not have been opened and counted except in the presence of association members attending a meeting. It has been brought to our attention that some board members had access to the number of votes and how members were voting prior to the May 13th meeting. It has been communicated to us that the CVNA Board were actively counting votes and had the ability to manipulate the votes and the outcome of the voting.
CVNA Bylaws “Association Meetings, Section 7. Notice. “Delivery of notice of a meeting by certified mail or in person to anyone owning an interest in a lot shall constitute adequate notice of the meeting of the Association. The notice shall be given at least 14 days prior to the meeting time and shall provide a time and place of the meeting.
No certified mail was sent to any CVNA members. Certified mail or in person is not a suggestion. To deliver a notice of a meeting other than certified mail or in person would require a bylaw change. Multiple members have testified that they were not made aware of the meetings and voting on May 13th, 2024. Therefore, contaminating the voting percentages (2/3) of yeses or nos, and contaminating the 25% of the membership to constitute a quorum. Further, vote contamination was present because members did not have the opportunity to vote.
Roberts Rule of order. “Don’t open the ballots until it is time for the teller to count the vote. The first thing the tellers do is open each envelope and take out the inner envelope. The signature on the envelope is checked against the membership list to see that only one vote is cast per member. After this is done, the inner envelopes are open and folded ballots put into a receptacle. After all the envelopes are opened and the folded ballots are placed in the receptacle, the ballots are counted.”
Transparency in the counting, validating the vote and not manipulating votes is outlined in RRO. Any other procedure is a contamination of votes. Counting votes by only a board member or board members is a blatant violation of RRO. “Roberts Rules of Order shall be recognized at any and all meeting of the association or Board of Directors” which is part of the of the CVNA bylaws.
CVNA Bylaws Members, #5, Voting Rights. “Each member is entitled to one voter per set of dues paid.”
CVNA Board Members do not pay dues, therefore counting a board members vote in a meeting in which they are making a recommendation to its member is a contaminated vote and should be deducted from all totals on each of the boards recommendation.
CVNA Bylaws, Dues, Section 1. Annual Dues. “The board of Directors will recommend to the Association the annual dues of the Association. The recommendation must be approved by the majority of the membership present or by proxy at the annual meeting. Majority being defined as fifty percent (50%) plus one. There are no discounts for prepayment.”
Dues can’t be increased except during an annual meeting. To vote to increase dues other than the annual meeting would require a CVNA Bylaw change. Therefore, The vote on May 13, 2024 to increase our dues is a direct violation of our bylaws.
Due to multiple CVNA Bylaw and RRO violations we are demanding that the May 13, 2024 vote on all board recommendations not be adopted because of contaminated votes, not establishing a quorum due to contaminated votes, board members voting and increasing dues outside of an annual meeting.
Failure to suspend May 13, 2024 votes within the next 14 days (June 11, 2024) may result in legal proceedings, and filing a claim against the CVNA Surety Bonds.
Respectfully submitted by LuAnn Deere and others
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See below the email sent in response to LuAnn Deere & others:
Good afternoon, Ms. Deere.
Please find attached a letter to you in response to your recent email to the CVNA Board of Directors. I appreciate your time and consideration in advance.
Respectfully,
Jenifer Kendrick
Jenifer H. Kendrick, Attorney
Shane Henry & Associates, PLLC
335 Hogan Lane, Suite 100
Conway, AR 72034
P: (501) 329-3889 F: (501) 329-3890
PDF Letter Response: CVNA Response to Deere
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New Business:
-Annual meeting: August 19 @ Centennial Valley Country Club 19th Hole
-Need 1-2 new board members
Next meeting:
-Monday, Aug 19th at 6pm
-627pm called meeting to end, approved 1st David, 2nd Steve
