What Does It Take To Do The Right Thing

It took 4 or 5 years for Cherokee Shores Owners Association to finally change the front Entrance Sign to Cherokee Shores.

Many years ago someone thought that changing the name will all of a sudden change the reputation and standing of the neighborhood many of us call home.  My husband and many others were trying to appeal to the Board of Directors that changing the name does not change the reality, and is only making people confused and distracted from the issues we all face within our neighborhood. 

So what did it?  Why was the front sign all of a sudden replaced? ... I sure hope that it's not due to the recent horrific incident within our streets...  But knowing that the coincidence in this situation is very unlikely it is my understanding that the Board changed the name quickly to avoid the bad reputation that is now attached to the name: Cedar Creek Cove. 

https://www.fox4news.com/news/christopher-reid-bucees-murder-suspect

So, I guess my husband was right.  You can't mask where we are.  And if we are to change things, we need to stand our ground, be honest with ourselves and seek solutions.  

I guess, this makes our lawsuit one step easier.  The front sign has been changed back to the proper name of the Association.  We can count that as done and concentrate on the other issues that need to be fixed. 

Happy Early Halloween to All! Those of us who choose to live in this neighborhood and love this neighborhood with all its pluses and minuses need to speak up and have the Association operate honorably and transparently.  It shouldn't have to take 4 years and people dying to do the right thing...

This is not a for-profit organization where money is the objective - this is our home. 

Thank you GAMER PFE

Thank you, GAMER PFE, for a subject that needs to be addressed.

September 9, 2025 I received a message from GAMER PFE to my email through craigslist post I have, intention of which is to bring awareness to Property Owners Association's members about importance of being engaged in dealings and decision making of their associations. 

Here is a copied and pasted message: "YOUR THE ONLY ONE WITH A PROBLEM. MOVE! DONT FIGHT WHAT S NOT YOURS IN THE FIRST PLACE. MOVE! "

Dear GAMER PFE, the Court system only lets you fight for the cause that you are entitled to get relief for, and that's with me assuming that that is what you are implying here.  

I disagree I am the only one with the problem, I think we all have problems in one way or another, which is why we are where we are.  People are busy and people have many more important problems than researching their POA.  

I am not researching this out of fun and the reason I share the information is to save time to those that don't have time to do this research, since I already did the steps and found some of the relevant information other members can benefit from as well.

Again, assuming we are talking here about the lawsuit.  The original cause of the lawsuit is simple overcharge: I bought 2 lots, I was charged for 3 lots, with one of those lots still being seller's lot; I was charged late fees of the seller, road fee of the seller and a transfer fee for the transaction.  Originally, when I spoke to the office and the President of Cherokee Shores Association, I was trying to reason with them that they can not charge a member for someone else's fees and someone else's lot. 

The Association disagreed.  To take this issue to court I had to be able to prove in Court what is the correct amount I am due to pay.  All the research I have done and I am doing is a simple attempt to show the Judge the amount I had to pay at the time of purchase.  

I cannot take in front of the Judge anything that was not done to me personally and I can only receive the relief I am entitled to as a member of this Association.  So no worries, I am only fighting for what is mine, and the money I paid was mine until I gave it to the Association.  All I am trying to do is get my money back.  But...  I do not want to go to Court every year, so I am asking the Court to rule on what I am to pay in the future until the Association can legally pass other dues and increases with the duly held meeting in place. 

Please set your worries aside.  I want to assure you that I do not fight for anything that is not mine.  If you are worried about the Presidential campaign, have no doubt I run to create competition and to prove a point that competition is needed, not because I absolutely have to win.  If I win, I know we can make this neighborhood very pleasant for all walks of life; if I don't - I will simply keep trying to keep the Association on its toes.  

Since the start of the lawsuit, the association finally: upgraded one park (out of many), let residents park at the boat ramps, worked on boat docks and I know that with the right encouragement the Association can do much more for its residents. 

Thank you for your feedback GAMER PFE and rest assured I am not seeking to get anything that belongs to someone else. 

Aztec Drive

 What do I care what the name of the street is?!?

I wouldn't, if this particular street would not be Cherokee Shores Owners Association's registered agent's address.  But it being a fact that I have to send certified legal letters to the registered agent of the Association it is very frustrating that the address in question is undeliverable. 

For years now I have been knowingly wasting money sending letters to Aztec Drive because that is the address on file with Secretary of State as a legal contact address for Cherokee Shores Owners Association.  At first the Association did not have a mailbox for the mail person to deliver the letter, but even though the mailbox was finally put in place there was another problem - unauthorized improper name change of Aztec Dr. to P. Roberts Pkwy.

I have not come across the record for when Aztec Dr.'s name change happened, but I do know that Google maps, Henderson County and Post Office which goes by 911 address database do not recognize P. Roberts Pkwy as the legal name of Aztec Drive. 

I finally got tired of this cat and mouse game and added the Street name change as a cause of action to the current legal proceedings.  My claim is simple: the improper name change makes the address of our registered agent undeliverable; and Aztec Dr. is a part of our governing documents (in particular Bylaws) and to change the name of that street there had to be a major All-Association Members' Vote with majority of the members approving the change.  There was no such a vote.

What is strange to me and what I find very interesting that the Association is willing to negotiate taking down Cedar Creek Cove sign, yet defending their P. Roberts Pkwy as a memorial to a member, even thought this memorial signage on the street pole was not duly passed by the members. 

The Association further confirms that the official name of P. Robert's Pkwy is Aztec Dr. and claims that it can be used officially by residents even though the memorial sign to P. Robert Pkwy remains.  I guess they forgot to mention this part to the post office, because it's not I who deliver the mail, but the Post Office, and they simply will not deliver if all rules are not being properly followed. 

In conclusion, I would like to point out that if we start changing names of the street as memorial to all of the members that participated in the "betterment of the community" we are going to run out of street names to change.  And who decides which member bettered the community and which one didn't.  I think a decision like that should be subject to all of the members' opinions.

The question today is: 

Who is P. Roberts and what made his impact worth more than many of the other members participated in the betterment of this community?

There are more questions to follow:

Why can't we place the memorial sign on the street that is not a part of the governing documents of our community? ... Or in a park, or a boat dock or even have a memorial stand in the office?  

Do we have to continue to break the procedures to achieve proper change? 

...if that change is even necessary...

What is Cedar Creek Cove Owners Association?

Once upon a time on 9/11/2021 Board of Director of Cherokee Shores Owners Association had a members' meeting.  Out of nowhere as it appears one of the Board's directors proposed to change the name of the Association. "Cedar Creek???" - as the minutes read: "something to just blend into the community.  Cedar Creek Cove." - the director said. 

"Motion to change the name to Cedar Creek Cove..." was made by one of the members of the Association during that meeting.  Another member seconded. "Unanimous vote in favor." - the Minutes of the meeting state. 

...And that is how Cherokee Shores Owners Association became Cedar Creek Cove. 

During the same meeting one of the directors was put in charge of the name change and on or about October 1, 2021 that director filed Certificate of Amendment of the Name Change with the Secretary of State.  That certificate only requires Statement of Approval: "The amendment has been approved in the manner required by the Texas Business Organizations Code and by the governing documents of the entity."

On or about March 30, 2022 Secretary of State filing was filed with Henderson County Property Records, document number: 2022-00005853.

 You can find minutes of the meeting following this link:

https://drive.google.com/file/d/1u7GVoNetN_xeb7RkCAwyZQvkKWjSCW1e/view?usp=sharing

And you can find Henderson County Property Record via the link below:

https://hendersoncountytx-web.tylerhost.net/web/document/DOC346S320?search=DOCSEARCH352S3

  So what is the Cedar Creek Cove Owners Association?  Cedar Creek Cove Owners Association is a product of the imagination of some of the previous Board Members who were trusted to be in charge of the Association.  It was a quick fix solution to deal with less than desirable reputation of the Association. 

The majority of the members didn't even know anything changed until suddenly there was a new front entrance sign: "Cedar Creek Cove".  Consequently due to the appearance of the change being legal, last time we took this Association to Court we had to name Cedar Creek Cove as a defendant in the case. 

In reality the name change of the Property Owners Association requires 67% vote approval of all the members.  

One of the many things we ask the Association to fix right now is the front sign of Cherokee Shores.  Despite multiple inquiries from the members to fix the Association's front sign to the correct name the Board of Directors has repeatedly denied these requests.  We are debating in Court right now that stating Cedar Creek Cove on the front sign of our Association is deceiving.  This willful misrepresentation of our community is questionable, shows bad character, gives the members of the Association bad reputation and displays intent to deceive.  

We have been told by the Associations' attorneys that the Board of Directors is in the process of removing the Cedar Creek Cove front entrance sign.  I will believe it when I see it...  Right now the sign is being used as a token of negotiations not something that is done because it is the right thing to do. 

Changes within the Property Owners Association must be done properly to be valid.  This is not kindergarten where we make up words for the things we see and encounter.  The Property Owners Association is a community of the members each one of whom is entitled to the answers on everyday operations of the Association.  Those answers reflect the character of the Board of Directors and transparency about the operations of this non-profit corporate entity.  In the eyes of the state Cherokee Shores Owners Association is not just a Property Owners Association but a non-profit corporation that has to operate within the statutes of the State of Texas Business Organization Code.

What can you do?  

Even if you can't help with time, research and monetary support, you can call the Association and ask when the front sign of the Association will be replaced with the correct name "Cherokee Shores".

When someone tells you: "I will." The following question is: "When?"

Ask questions and demand timely answers! 

Members' Rights Awareness Campaign

Cherokee Shores Owners Association is the largest community of its kind in Texas.  As much as I'd like to say that I know all my neighbors, the reality is I only had the pleasure to meet a handful or two of our members.

 There are people from all walks of life here: different national origin, different social standing, different goals for the land purchased, but they all have one thing in common - nobody truly knows how all of our restrictions, rules and regulations came to be.  

 These changes didn't happen overnight.  They are a product of continuous work of the individuals seeking the change.

 My goal is to influence a positive change within Cherokee Shores Owners Association and to encourage members of Property Owners Associations to seek knowledge, to get engaged and to ask questions.  With that goal in mind I am starting an early campaign for President of Cherokee Shores Owners Association and I ask for your help in spreading the word, as word of mouth is still the most influential part of the campaign anyone can have.  

  With the current voting "procedures" the only way I could possibly win is if the members come and vote in person on the day of the election.  Every other method of voting we have right now is unsecured.  The voting in person supersedes absentee ballots, what that means is: if you sent an absentee ballot and came and voted in person anyways, the vote in person is the one that will count.  

  As a part of this campaign I ask for your help in gathering funds necessary to reach more members of this association by mail and other means, to promote the knowledge and to strengthen our community, to let the people know that we can make a difference if we work together towards a common goal.  Some of us have more money and less time and some of us have more time and less money.  Of course there are some that have no time and very little money as well... But:

All of us can contribute in one way or another! 

  Some have a huge social following, some are great speakers, some just like to talk to people and spread the word.  As a whole, as a community of approximately 2700 members, we have what it takes to be better and to make Cherokee Shores Owners Association a healthy and desirable community to be in.  We can make it a long hoped for home, a weekend getaway paradise and an investor's heaven all at the same time.  All we have to do is come together and demand change!

  Help support our future!  Strengthen your investment!  Take pride in the land you own! 

If you wish to donate go to: 

https://www.gofundme.com/f/support-marinas-fight-for-fairness

Spread the word!  Share the information and continue reading and staying engaged! 

  

  

Update on the Mystery Stamp

   Today is 8.18.2025.  I was able to locate the Notary and I am awaiting the response on: 

- if this is indeed their stamp, 

-what type of notarization was performed, 

-what date was the document notarized,

- and who brought these Revised Restrictions to be notarized. 

 The assumed by me missing number was not a number but a dash and didn't I feel embarrassed!  I did.

 Since none of us caught this until now, I do not know if the Notary Public will even have any record of this notarization as I believe they only have to keep the Notary Journal for 4 years. 

  This document is still insufficient due to the lack of any authorizing signatures or dates.  I doubt it will stand in court as authentic.  Notary Public is not authorized to change Cherokee Shores Owners Association's Restrictions.  67% Vote of the members is the only way the restrictions can be amended. 

  The link to the Restrictions in question:

https://hendersoncountytx-web.tylerhost.net/web/document/DOC316S637?search=DOCSEARCH352S3

8.19.2025. Mystery Solved.  Thanks to many helpful people I was able to get the answer to who brought this document for notarization.

The answer is: Mr. W.L. Warren brought this document to be notarized on 11/22/2019. 

In conclusion, I would like to thank everyone who is reading and all those helping the research into Cherokee Shores Owners Association's governing documents. 

I encourage you to continue to ask questions.  Once in a while you ask the right person the right question and get the answer you are looking for. 

So...now the question is: Who authorized Mr. Warren to notarize these Revised in 2019 Restrictions?  Who revised those Restrictions? 

And... 

Did anyone bothered to have an All-Association Members' Vote to pass those revisions? 

Mystery Notary Stamp

 

  During my ongoing research into Cherokee Shores Owners Association's paperwork I came across another mystery.  This time it's not a misunderstood by me policy or absence of a policy, it is a Notary Stamp.

  The revised in 2019 Restrictions posted on Cherokee Shores Owners Association's website at the end of the complete document have a Notary Stamp and a signature of A. Arnold.  I want to remind you that this document has been filed with Henderson County and you can find it by entering document number: 2019-00016453 on Henderson County Property Records Search, or you can follow this link and it should bring you straight to it: https://hendersoncountytx-web.tylerhost.net/web/document/DOC316S637?search=DOCSEARCH352S3

This same document in pieces can be found on Cherokee Shores Website via this link:

https://cherokeeshores.org/architectural/

or straight to the point of the stamped portion go to the end of this links document: 

https://cherokeeshores.org/wp-content/uploads/2023/12/SECTION_E_except_1038-1077.pdf

  What is so strange about this Notary Stamp?

First of all there is no Notarial Certificate included with this Notary Stamp and normally the Notary will not notarize the document without a Notarial Certificate that clarifies the type of the Notarization being performed.  Even a copy of the document is normally stapled to the Notarial Certificate accompanied by a Notary Stamp and a Signature.

Again as so many other members that even pay attention it took me a year to actually see it and pay attention!  There is a Notary Stamp and a signature, but when I got an idea of reaching out to the Notary to figure out what type of notarization that was and possibly get a copy of the record of this notarization I suddenly had to pay attention: the stamp is missing a number...it is...1304205_?_5?. The expiration appears to be 10.30.2023.  The name is A. Arnold. 

I tried running the search on Secretary of State Notary Search with no valid result.  Here is the link to do that: https://texas-sos.appianportalsgov.com/sos-direct

I tried different numbers to fill in the gap with no results, I tried running just Arnold without finding matching expiration date for the Notary commission and when I got tired of doing all that I wrote Cherokee Shores Owners Association's attorneys asking them to provide me with the full Notary ID so I can get record of Notary performed for this particular document.  Guess what? ....with no result so far...

 Now I am stuck with this Mystery Notary Stamp on this Mystery Document.  These Revised 2019 Restrictions have no identifying futures other than my Mystery Stamp.  No name of people involved in it's creation or approval, no date this was voted on or passed by the members, no Notarial Certificate to show who brought it for notarization and no way to figure out who's Notary Stamp it is. 

???

  Maybe Ms. Sanders can answer these questions.  Maybe if the members start calling and asking Ms. Sanders who passed Revised 2019 Restrictions, who approved it, when was the members vote to approve the changes to the restrictions and who and where notarized it...  Maybe we can get her to look into this mystery and try to solve it together. 

 Please, if anyone knows the answers to these questions contact Ms. Sanders or me or Cherokee Shores Owners Association attorneys so they can answer my simple request and let me know who this A. Arnold is and what is or was their Notary ID number, when this notary was performed, what type of notarization that was and who was notarizing it. 

Ask questions and demand answers!

Mail-In Voting

 Main-In Voting is debated in the highest levels of government.  Mail-in and Electronic Voting lays an easy foundation for election fraud.  Not only identification of the person filling out the actual ballot is nearly impossible to establish, the access to such ballots is harder to control and the outcome of the election is easily controlled by those in charge and in possession of the List of Voting Members. 

We requested the List of Voting Members last year and this year and we have not been provided such a list for neither August 2024 Election, September 2024 Vote or August 2025 Election.  As a non-profit corporation Cherokee Shores Owners Association has to have this list available and be able to provide it to the members who request it in writing in accordance with Business Organization Code, Chapter 22., Sec. 22.158 Preparation and Inspection of list of Voting Members. See: https://statutes.capitol.texas.gov/Docs/BO/htm/BO.22.htm

  Cherokee Shores Owners Association Bylaws, Article V, Section 3 states: Voting must be in person.  Absentee ballots will only be accepted on the Thursday and/or Friday prior to the Annual Election at the Association office during posted hours.  

Why is that important? 

  I personally with proper procedures in place could be convinced that mail-in voting is a convenient future.  But the amount of security needed in order to guarantee fairness of such election/votes is very tough to establish and calls for utmost trust in the establishment.  

  Not only our Bylaws strictly require our Election/Votes to be in person by specifying that our voting: must be in person; Cherokee Shores Owners Association is using our regular P.O. Box 1126 as a method of collection mail-in ballots making those ballots accessible by anyone who checks mail for Cherokee Shores on the regular bases and our regular connect@cherokeeshores.org email making those ballots accessible by anyone who has access to that email.  

There is no question that both of those methods of voting are not secure and all one has to do to get rid of the unwanted ballots is to throw it in the trash either it is a real trash basket or a virtual one.  With this organization being a Private Owners Association no government oversees these elections and only the members of this POA may demand change.  

  The current lawsuit is asking the Court to uphold our Bylaws by declaratory judgement that the voting must be in person.  I am a new member and I am not sure how far back this goes.  But as of right now Cherokee Shores Elections are improper and according to our Bylaws illegal. 

  Congratulations to Karen Sanders Johnston on winning the Election!!!

Post Election Audit

 To all of you who voted for me this Election I want to Thank You!  Thank you for participating and understanding how important it is.  Those who called us and couldn't be there to vote Thank You for participating in any way you can!

In this post I simply want everyone to know the Official Post Election Audit Demand I have submitted with attorneys of Cherokee Shores Owners Association.  The answers to these inquiries would be simple if our elections have proper policies and procedures. 

For your review here are the questions I am asking Cherokee Shores Owners Association.  Needless to say I do not expect them to provide me with any of this information simply because I do not believe they have any idea what fair election process entitles. 

I encourage each one of you to ask these questions!

 Official Post Election Audit Demand

   August 16th, 2025 Cherokee Shores Owners Association had an annual member/Election.  The current lawsuit questions the legitimacy of mail in and electronic voting and is asking the court to enforce that the voting in Cherokee Shores Owners Association must be in person in accordance with our Bylaws.

  August 16th, 2025 Election allowed mail in and electronic voting without having proper amendment for mail in and electronic voting.  We demand a Post Election Audit with full Procedural Audit and Tabulation Audit of the August 16th Election with detailed records of all the ballots received with distinction of all accepted and rejected ballots and the reasons for their rejections.

  This is not a hard or time consuming task as all together there were only 96 votes and less than that ballots accepted and counted towards the results.  

Specifically we demand copies of the records of:

1. Voting List for August 16, 2025 Election;

2. Policy regarding Proxy for August 16, 2025 Election;

3. For mail in votes: 

• All date-stamped envelopes the mail in votes were received in;

• Dates each stamped envelope with ballot was collected from the P.O. Box 1126, Mabank, TX, 75156.

• Names of all persons having access to the envelopes with ballots from the time they were received in the P.O. Box 1126, Mabank, TX, 75156 to the time they were counted.

• Names of all persons having access to P.O. Box 1126, Mabank, TX, 75156 in June 2025, July 2025 and August 2025. 

• Dates each stamped envelope with ballot in it was opened; 

• Names of all persons having access to the ballots from the time the envelope was opened to the time the votes were counted;

• All rejected ballots and reason for their rejection;

• All accepted ballots and number of votes assigned to them;

• Procedure for handling PO Box 1126, Mabank, TX, 75156 during Election season;

• Procedure for handling envelopes received in PO Box 1126, Mabank, TX, 75156 during Election season;

• Procedure for handling envelopes with ballots in them until they are counted. 

4. For email votes:

• All date-stamped emails in which the ballots were received;

• Dates each email was viewed for the first time;

• Names of all persons having access to connect@cherokeeshores.org;

• Names of all persons who viewed emails with ballots in them;

• Procedure for handling emails with ballots in them from the time those emails are received until the time the ballots are counted;

• All rejected email ballots and reason for their rejection;

• All accepted ballots and number of votes assigned to them;

5. In person Absentee Ballots:

• The Dates the Drop Box for Absentee Ballots was available during August 16th, 2025 Election;

• The Location(s) of the Drop Box for Absentee Ballots during August 16th, 2025 Election;

• Names of all persons having access to the Drop Box during August 16th, 2025 Election;

• Names of all persons having access to the key to open the Drop Box during August 16th, 2025 Election;

• Procedure for securing the Drop Box for Absentee Ballots to ensure fair elections; 

• Names of all the persons who had access to the Absentee Ballots from the time the ballot was submitted in person to the time the ballot was counted;

• Dates for all absentee ballots submitted in person;

• Procedure for clarifying identity of voters during the Absentee Voting Process and names of the persons performing identity verifications;

• Procedure for collection of Absentee Ballots in Person;

• Hours for collection of Absentee Ballots in Person during August 16th, 2025 Election.

6. In Person Election Day Ballots:

• Time the Election Began and ended; time the count began and ended;

• Name of the person who officiated the election and counted the votes, what office they work for if any and their title; 

• All rejected ballots and reason for their rejection;

• All accepted ballots and number of votes assigned to them;.

• Procedure for collection of Ballots in Person;

• Procedure for Identity check for Voting in Person;

• Procedure for counting Ballots in Person.

The Dues

  I moved into Cherokee Shores Owners Association in 2018.  The dues did not strike me as inappropriate as I came from living in Dallas condominium paying monthly dues equivalent to the yearly dues in Cherokee Shores Owners Association.  Back in 2018 I didn't personally own the place I was staying in and I never really thought that the dues could be anything other than what they are meant to be. 

  Things would have stayed the same if the Association would not choose to overcharge me in 2024 when I bought 2 lots within this community thus becoming a legitimate member of this Association.  The Association charged me for 3 lots instead of 2 lots, 2 of the lots that I just purchased and 1 lot that still belonged to the seller, the sellers late fees, the sellers road fee and the transfer fee.  When I argued about the legitimacy of this charge the Association's President stated that this is the policy of the Association for "all the transactions of this type".  

  That last statement captivated my attention.  I use it in all the legal paperwork we file as I don't quite understand what that statement means...  I am still wondering what type of transaction and what policy would allow the Association to charge the member for more lots than the owner owns... 

  Restrictions, executed in 1982, are pretty plain and dry on how much the member is to pay.  I live in section E so I will be using the statements from the Certified Copy of the Subdivision Restrictions Lots 1A, 1-1037, Section E, Cherokee Shores Subdivision I got from Henderson County Property Records, Deed Records, Volume 982, page 8-14.  To my knowledge these dues used to have the same numbers in all the sections of Cherokee Shores Subdivision. 

  Paragraph 12 (that is designated to the Dues) of the Section E Restrictions executed in 1982 states: 

"12. Subject to the remaining provisions of this paragraph, as to each lot hereunder (except Lot 1A, Section E), an assessment is hereby made of (i) $3.00 per month with respect to the total of lots, the owner of which owns one or two lots in Cherokee Shores Subdivision, (ii) $4.00 per month with respect to the total of lots, the owner of which owns three lots in Cherokee Shores Subdivision, and (iii) $6.00 per month with respect to the total of lots, the owner of which owns four or more lots in Cherokee Shores Subdivision; the word "owner", as used in this sentence, shall include also a purchaser of a lot in Cherokee Shores Subdivision. "

That same Paragraph 12 further states:

"At any time and from time to time, Cherokee Shores Owners Association may elect, by majority vote of the entire Board of Directors of said Association; plus a majority of votes cast at a meeting of the members of said Association duly convened, to increase such assessments, provided that prior written notice is mailed to each member of said Association (at the most recent address shown for such member on the records of said Association) stating either the exact amount or the maximum amount of such increase to be voted on at such meeting."

Here is the link to see these Restrictions:

https://drive.google.com/file/d/13eOwMpKqd3AmH2V78X_E21VF14c9k1z7/view?usp=sharing

  What does this mean?

  First of all any time there is a written notice required to all the members of the Association the vote is a major All-Association Members Vote.  And for that vote to be valid the Quorum of the Members has to be present during such meeting-vote.  What is that Quorum of Members is up for debate in Court right now, with the Association arguing that the Association is not prohibited from holding votes without a Quorum of the Members present. 

  Second, the meeting has to be "duly convened" - meaning that for the meeting-vote to be valid it has to follow all applicable rules and regulations of the Association and all applicable County, State and Federal Laws.  In this case, at the very minimum the vote has to comply with our Bylaws, Restrictions, Business Organization Code that regulates nonprofit corporations and Texas Property Code sections applicable to this property owners Association.

  Let's start with the Bylaws.  Article X, Powers and Duties of Board of Directors (b) gives the Board the right to establish the contribution of each owner to the common expenses not to exceed a five (5) percent increase annually. 

 This particular segment of our Bylaws makes our road fee as a permanent dues increase - illegal.  Not only was there no Quorum of Members present during any of the meetings which held the votes for these increases, but also the $50 increase is way beyond the 5% increase permitted by our Bylaws. 

Back to the regular dues.  With the dues amount around $147.00 for 2 lots (with 5% maximum yearly increase allowance) there had to be 29 major all-association members votes held (duly convened) with all 29 of them receiving majority members vote approval for those increases to be valid.  Needless to say there are no such records in Henderson County Property Records. 

Follow the link to see Cherokee Shores Owners Association's Assessment Rate Chart from 2022:

https://drive.google.com/file/d/13hPkCBmM67T17op-BUoIDqo2-JRPFkxz/view?usp=sharing

There is however a record of Subdivision Restrictions, Section E, Cherokee Shores Subdivision, (except Lots 1038 through 1077), Revised August 2019, that states: "an assessment is hereby made of (i)   per month with respect to the total of lots, the owner of which owns one or two lots in Cherokee Shores Subdivision, (ii)   per month with respect to the total of lots, the owner of which owns three lots in Cherokee Shores Subdivision, and (iii)   per month with respect to the total of lots, the owner of which owns four or more lots in Cherokee Shores Subdivision".

Here is the link to the currently posted restrictions on Cherokee Shores Owners Association's website:

https://cherokeeshores.org/architectural/

Do you notice anything missing? 

In 2019 the numbers from the Cherokee Shores Subdivision Restrictions were simply removed. 

And like so many owners of this Association I never questioned the dues amounts.  I paid what I was told to pay until the Association stepped one step too far and declared to me that they can charge me for more lots than I own.  

  Who in their right mind may think that the dues that thousands of members pay are not properly passed and are therefore unauthorized by any governing documents the Association has.  It's not like we live in stone ages: there is Internet, property records, there are attorneys, corporations, many business people who own land within this Association!  Who would have ever thought that someone would have the audacity to simply withdraw the numbers from the Restrictions and simply state in the records that the meeting was "duly convened"?  

  Did you know that even in higher levels of government the law can be passed without a Quorum unless someone brings up an issue of absence of a Quorum; which only happens when there is a close debate with every single vote having a possibility to swing the outcome of a decision one way or the other. 

Back to the discussion of the day - the Dues.  It is my position that the Association dues are bogus, that the road fee is unauthorized, that the dues amounts were unlawfully withdrawn from our Restrictions and Restrictions of the Association were unlawfully altered.

If our Dues amounts would be in the Bylaws they would be able to be amended with a majority vote of the All-Association Members Vote duly convened.  But our Dues being a part of our Restrictions make matters even more complicated and make that change also be subject to Texas Property Code 67% Vote approval requirement mandated by law to amend Restrictions. 

For any changes to be enforceable by law - it is not enough to simply make the change: the change has to comply with all the laws, the change has to be properly recorded with the County Property Records, and the Association has to keep permanent record of a prove-up of the change in case it ever gets challenged in Court.  The easy way to keep up with such documents is to have them properly notarized and to make them a part of County Property Records.  The records of All-Association Members Votes that cause amendments of the Restrictions and Bylaws have to be a part of a forever keep record of the Association. 

In the beginning of June we asked the Association for a prove-up record of Restrictions Amendment that passed 2019 Amended Restrictions recorded in Henderson County Property Records.  Still waiting...

On the closing note, I would like to bring your attention to the fact that our Deed Restrictions obligate us to pay the Dues in the amount that those Restrictions specify.  Not paying the dues would be unwise as a contractual lien may be placed on any property governed by these Restrictions.  The amount of dues we have to pay...?  I do not know.  I am not an attorney and I can only represent myself in this matter.  But the rule of thumb is that if you are paying without an argument you agree with the amount.  Silence in this case can be viewed as a sign of agreement. 

  Again, I am not an attorney, and I do not know what the Judge will decide to do in this matter.  Will the Judge choose to adjust our personal dues, our Section dues or the dues for the whole Association?  Will the Judge rule some other way? My point is that once you know that you may be being overcharged if you don't challenge the amount you are to pay - you are basically giving the other party a silent permission to continue charging what they are charging. 

I recently came across Martin Luther King's Jr. statement about the "freedom" that I think can also be applied to "change".  The quote was: "Freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed."  

We forget the basic truth of Nature - the constant change; and our true power - is the ability to change and make change happen.  When change is necessary, change has to be demanded, and only those that demand it - have the possibility of the change. 

In conclusion: if you are OK with the way things are - you need to do nothing, even though I encourage you to participate and keep reading.  If you want Change - DEMAND it! 

 

Board Membership

 Board Membership Eligibility

September 14, 2024 Board of Directors of Cherokee Shores Owners Association held an All-Association Members' Vote to remove a director from the Board of Directors Elected seat for "charges detrimental to the association".  While we are still trying to figure out what was so detrimental to Cherokee Shores Owners Association that this one member, my husband, did, let's discuss if it's even worth the effort to remove anyone in accordance with Article VI, Section 6 of Cherokee Shores Owners Association Bylaws.

The only reason anyone would try to remove a Board Members based on said section of our Bylaws is to permanently forbid that member to run for a position on the Board.  I guess my husband was on to something if the Association was so eager to remove him, that despite all of our legal arguments they went forth with this unfair and unethical removal. 

There must have been many unfair removals throughout our State because the issue of prohibiting a member from running on the Board of Directors made it all the way into State of Texas legislation, particularly Texas Property Code, Chapter 209, Sec. 209.00591, Board Membership, that states:

(a)Except as provided by this section, a provision in a dedicatory instrument that restricts a property owner's right to run for a position on the board of the property owners' association is void. 

This statute then goes into describing the permissible restrictions, such as: the Bylaws may only require some members to reside within association but not all of them, the Bylaws may require a section representatives to live within the sections they represent, two Board Members can not live together, felony conviction within 20 years and some development period allowances and exceptions. 

My husband tried to reason with the Board of Directors prior to his removal that the removal of the Director in accordance with Cherokee Shores Owners Association Bylaws Article VI, Section 6 is expensive, unnecessary and pointless.  The President and 2024 Board of Directors disagreed.

Why remove a director in the first place?  What I am still trying to make sense of in my head is how much do you have to dislike an individual that only has one vote?  Yes, he may speak up and say things you don't like: truth hurts as they say.  But... He can't hurt your plans.  A Board Member poses less threat than a regular member if you think about it from the perspective of the law.  If the Board Member disagrees it is an internal disagreement and when it's 4 against one there is nothing that Board Member can do, other than speak his/hers opinion or give up and quit. 

An attempt to remove a Board Member within Cherokee Shores costs on average $3500 - that is an average cost of the election in our association that has thousands of members who have to be notified of the upcoming all-association members' vote. 

After that you have to have Quorum of Members Present in accordance with Business Organisation Code for non-profit corporations, which the Association is arguing in Court right now they do not have to have.

And then you are looking at the cost of the lawsuit that may be triggered by a member feeling that he/she was wrongfully removed or for any other reasons and violations, that are no longer internal affairs and fall under the jurisdiction of District Court of the County the Association is located in.  The United States of America Bill of Rights Amendment I protects people's right "to petition the Government for a redress of grievances."  Last time I checked the deductible cost of Insurance Claim for Cherokee Shores Owners Association was around $20,000. 

Removing a director for charges "detrimental" to the Association is unnecessary and financially irresponsible, in other words with current Texas laws it is a complete waste of the Association's money and time. 

One of the objectives of our current lawsuit is to bring our Bylaws in sync with Texas Property Code so we can avoid wasteful removals and other unfair treatment of our members in the future.  

Our Bylaws currently have 2 restrictions in violation of Texas law that prohibit a member from running for a position on the Board.  Our Bylaws state that the member has to be in good standing in order to run and the member can never run for a position on the Board if the member has been removed for acts "detrimental to the Association".

Both of those restrictions should be found VOID in accordance with Texas Property Code, Chapter 209, Sec. 209.00591.  The Association was urged by the Court to conduct a Mediation and the Association has an opportunity right now to do the right thing, stop wasting time and bring the current lawsuit to an end by agreeing to align our Bylaws with State of Texas Law and fix discrepancies within the Bylaws, Restrictions and current Policies of the Association. We shall see...

I urge everyone to look into your rights.  It is not enough to have the laws that protect us, the people have to stand up for their rights and enforce those protections, otherwise we get attorneys saying in Court "these policies have been in place for quite some time" referring to the normality and acceptability of these unlawful practices by the neighborhood as a whole.  If no one speaks up, nothing changes.  If it doesn't bother anyone - it is silently accepted and agreed upon. 

Did you approve of wasting thousands of dollars to remove one harmless director? It is your right to know how much the Association spent on September 14th, 2024 removal of the director.  It is your money that is paying for the Association's attorneys to defend the interests of the few Board Members in Court. 

Do you know your rights?  Do you know where the numbers for your fees come from?  Do you know who came up with fines?  Do you know what happened to the second pool? Do you know where the road fee came from?

Ask questions - that is the only way you may get some answers...  Like The Good Book says: "Ask and you shall receive. "  Happy Independence Weekend to all!!! Don't forget you lose your freedoms if you don't fight for them! 

Right to Vote

 

  It is year 2025 and you would think that we, the social human beings, would evolve by now to the ability of finding purpose and satisfaction in our lives without belittling and exploiting the rights of others.  There is so much talk about emotional intelligence and empathy but all of that gets put aside when money, personal agenda and profit is involved.  Today I want to focus on the Property Owners Association's members' right to vote. 

  It appears that voting rights have been an issue in a lot of associations, because the State of Texas added a provision to Texas Property Code somewhere around 2011 called: RIGHT TO VOTE. 

  Texas Property Code. Sec. 209.0059. RIGHT TO VOTE. (a) A provision in a dedicatory instrument that would disqualify a property owner from voting in a property owners' association election of board members or on any matter concerning the rights or responsibilities of the owner is void.

Here is the link to that Section:

  https://casetext.com/statute/texas-codes/property-code/title-11-restrictive-covenants/chapter-209-texas-residential-property-owners-protection-act/section-2090059-right-to-vote

  Cherokee Shores Owners Association's Bylaws limit that right by saying that only the Members in "good standing" can vote.   Right now this question is up for debate in court.  I could possibly agree with the "good standing" provision if there wouldn't be a law saying otherwise and if I wouldn't know how easy it is to make an account in "good standing" into the account in "bad standing". 

  For years now Cherokee Shores Owners Association has computer glitches where their system (and thinking out of the box we can assume that this system is AI and evolved into having a mind of its own) adds charges to accounts or erases last year payments.  For that purpose alone to prove that you are in good standing I do suggest you keep a thorough record of your payments.  But even if you did pay your bill what stops the Association or its AI from adding one of the dozens of fees they have made over the last several years to keep their members in check, for the greater good of course.  

  Cherokee Shores Owners Association, even though the largest of its kind in Texas, is not the only Association with questionable transparent policies.  In ideal world I believe the Bylaws and Restrictions were not meant to be altered, we buy into these properties with the Bylaws and Restrictions that already exist and changes to these documents undermine what each one of us signed up for. 

  But back to the Voting Rights...  What does it mean when your Bylaws say that only the members in good standing can vote?  What is good standing?  Does it mean you don't owe the association dues or road fees as well, because there were no road fees when these Bylaws and Restrictions were created?  Does it mean you have no fees and fines?  There are no fines and fees mentioned in the governing documents.  Will you still get a notification of the upcoming members' vote if you are not in good standing so you could potentially pay your dues in order to vote?

  Knowing how easy it is for a good member to become a member in "bad standing" I agree with Property Code, that the provision in governing documents that disqualifies the member from voting should be VOID.  All the members of the association should have an equal right to vote either they have money or not, either they didn't pay because they didn't know they need to pay or out of principle.  Too many people in Cherokee Shores don't want to pay their dues and other assessments simply because they don't see any value for the money paid: the parks are underdeveloped and barely maintained, the roads are in bad or no condition to drive on and you can't park at the boat docks.  Is it possible that our voting rights have something to do with the condition of this Association? 

  Positive changes take time and effort.  This Association was not in the condition it is right now from day one - it took a long time to get where we are.  Discouragement, disengagement, life and many other influences contributed to the neglect of this otherwise beautiful land. 

  Did you know that Cherokee Shores Owners Association used to have two pools, members used to be able to park at the boat docks, there was a designated land for dirt storage, there didn't used to be road fee yet the roads were passable, there didn't used to be $10,000 fines and our dues were 36, 48 and 72 dollars a year?  Did you know that the water prices here used to be reasonable?  Do you think any of this has anything to do with our rights to vote and our disregard of those rights?  Do you think that any of this has anything to do with us being busy and not paying attention to who is in charge and what's going on around us? 

  We can't rely on the justice system to solve all of our problems.  Maybe we will get lucky and get some answers maybe we won't.  But I know that we can:

-  We can participate as much as we have time and energy for even if with advice, opinion or ideas, even if all we do is listen and share, even if all we can do is read;

- We can ask questions - there are many unanswered questions within the Association;

- We can join the suit, witness, advocate, speak up and run for open positions;

- And if nothing else we can annoy by simply being...

  I am a nuisance in the eyes of those engaged in running this Association right now.   I am proud to present that I am proud to be a nuisance that can put 3 words together to ask a question that emotionally intelligent people find absurd.  How dare I to question where the numbers of the dues come from?  How dare I ask when the vote was to approve the road fee assessment? How dare I stand in the way of the transparent "agenda" of fees collections for the purpose of another transparent agendas I need not question.   

  Let me remind you that voting rights are extremely important and more people are included in Association voting more people will be engaged and interested with the direction this Association is headed. 

  Actions and inaction of the present are the foundation of the future. 

  Join us in asking questions.  Lets rebuild this community together one question at a time.  Failure is no longer trying and as long as some of us are still trying we can hope for a better future. 

  What ARE your voting rights?

  

  

  

Quorum of Members

Not many people realize what the Quorum of Members is and why it is important. Not all of us know what Quorum is.

In simple words quorum is the amount of people needed to be present at the meeting to make a valid legitimate decision.  When we think of Quorum in the Property Owners Association a lot of us think of the Quorum of the Board of Directors. The Board of Directors has to have a Quorum (or majority) present in order to vote on any decision concerning Association. But did you know that the same is true for the members' vote? Otherwise 3 people would end up making the decisions for thousands, which is where we are now with Cherokee Shores Owners Association.

  

  The Association should not be able to hold a members' vote concerning any decisions that the members of the Association have the right to vote on without a Quorum of the Members present during such vote.  Nevertheless Cherokee Shores Owners Association has managed to sell land belonging to the association, eliminate amenities of the association (like the second pool), change restrictions, raise dues, add special assessments, change the name of the association and remove the director of the association without an approval of the majority of the members. 

  Why are such actions permitted and acceptable?  Unfortunately the answer is quite simple: the members are too busy with their lives to pay attention and participate. Those of us who do dare to speak up against such actions get tied up in long litigation and fight the legal system's technicalities without any help.

  Importance of a simple-majority and quorum in democratic society has been recognised since 1700’s.  However with the growth of complexity in our laws the remaining debate is the size of the quorum.  I found quorums of the members differ from simple majority all the way to 10% of the voting power of the membership; but Cherokee Shores goes a step further and is debating in Court right now, that we can have a Quorum as low as “the amount of members present during a meeting”, which in short could be as low as one member.  If the Board of Directors voted in favor of something and the same Board or only one of them showed up during the members’ vote and voted yes - the decision has been made.  Since our Board of Directors is made up of the members of the Association they don’t need any members to show up to make a valid decision according to their present position. 

  On October 3rd, 2024, an attorney on retainer for Cherokee Shores Owners Association sent a letter addressed to one of the members (who brought up the issue of the Quorum to the association’s Board and the President) saying that the Association is not prohibited to hold a members’ vote without a quorum of members.  This is a very dangerous statement!  

  Because of that statement we are in Court right now trying to establish the Quorum of the Members necessary to be present for Cherokee Shores Owners Association members’ vote to be valid.  There is no doubt in my mind that the Quorum has to be present and the Quorum has to exist.  And if not for the legal “mambo-jumbo” we have to go through to even be heard by the Judge this issue would have been solved already.  Yet…no attorney means: “pray to God for a miracle and be patient”. 

  What is Cherokee Shores Owners Association’s Quorum of the Members?

  I read our Bylaws, new and old Restrictions and Articles of Incorporation and I have not found any definition of Quorum of Members.  There is however a reference in our Bylaws to Robert’s Rules of Order:  Article III, Section 2. Parliamentary Rules. “Except as may be modified by the Board of Directors by resolution establishing, modified procedures, Robert’s Rules of Order (current edition) shall govern the conduct of the Association’s proceedings when not in conflict with Texas Law, Articles of Incorporation, or these by-laws.”

  Because I read new and old restrictions and I know that the numbers of the dues were withdrawn from the restrictions at some point of time and in 2019 there was road fee added and other restriction changes, I can not take any of the statements in our Bylaws and Restrictions as 100% true.  Nevertheless… present Bylaws tell us that we are to be governed by Robert’s Rules of Order and the minimum Quorum of Members who must be present at the meeting for business to be validly transacted in Robert’s Rules of Order 12th Edition, Chapter II, paragraph 3:3, Quorum of Members, Page 19, line 6 down states: “...In the absence of such a provision in a society or assembly whose real membership can be accurately determined at any time - that is, in a body having an enrolled membership composed only of persons who maintain their status as members in a prescribed manner - the quorum is a majority of the entire membership, by the common parliamentary law.”

  I can only speculate that if the Quorum of Members was included in our governing documents it may have been silently removed to make things “easier” to pass, like the dues amounts were removed from the restrictions.  Whoever removed the dues amounts made a rookie mistake in leaving the numbers in one of the Sections of the Restrictions they filed with Henderson County in 2019.  You can find those numbers in current Subdivision Restrictions, Section D Lots 83-155, 867-909, Paragraph 12.  Those numbers match the numbers in the original Restrictions for all the sections of Cherokee Shores Owners Association.  Follow the link below:

https://cherokeeshores.org/wp-content/uploads/2023/12/SECTION_D_83-115_867-909.pdf

  So why is the Quorum of the Members so important?  Because a couple of the Board Members should not be able to change governing documents and make decisions on behalf of all the members without majority of the members approval - that is the fundamental rule of democracy.

  Even if we forget about the democracy and parliamentary rules, our particular Association is incorporated as a non-profit corporation, and non-profit corporations have to follow Texas Business Organization Code, Title 2. Chapter 22, Section 22.159. Quorum of Members, which says: “(a) unless otherwise provided by the certificate of formation or bylaws of a corporation, members of the corporation holding one-tenth of the votes entitled to be cast, in person or by proxy, constitute a quorum. (b) The vote of the majority of the votes entitled to be cast by the members present or represented by proxy at a meeting at which a quorum is present is the act of the members meeting, unless the vote of a greater number is required by law or the certificate of formation or bylaws.”

  And here we are… fighting in Court again for the obvious rights.  Thanks to insurance, board members get to enjoy paid attorneys to “protect” their right to free will decision making on behalf of the members of the Association.  Until members of this Association take their rights back the rates will keep going up, the fees will pop up out of nowhere and those that can’t just pick up and move will pay the ultimate price.

  Ask questions and participate.  Find out today what is the Quorum of Members for your Association.  Enforce the Quorum of the Members during decision making votes and stay engaged!  

So...

What is the Quorum of the Members in Cherokee Shores Owners Association?

Out of approximately 2700 members will we continue letting it be 1 member?...