Lago Vista Independent School District (LVISD)

 

2012 LVPOA Election Interviews

I interviewed the 2012 Director candidates for the Lago Vista Property Owners Association via email. There are 2 positions, both are 3 year terms. To conduct the interviews fairly and identically, I sent one email to all of them with one click, at the exact same time September 21, 2012, with responses due by September 24, 2012 which was the Meet the Candidates Forum.

Below is a copy of my interview email. I have grouped their separate responses into the copy for ease of comparison. Their responses are listed in the order they were received. They were copied verbatim from their replies. If you have any questions about the facts my questions were based upon, simply look around on this website. That's one of the reasons I built it, so people could see for themselves. There are pages upon pages of documentation in the LVPOA and COLV CC sections.

Hi All,

With regards to the Lago Vista Property Owners Association, I am a private property owner, but I have a publishing company. I have some questions, and since it is in everyone’s best interest that we all learn more about all the candidates, I intend to publish the responses publicly if they are worthwhile. By publish I mean put the responses on my website, emails, or share the responses in phone calls on the corporate phone list. I may, or may not, publish the responses, or indicate a lack of response, on my corporate website http://individualinitiative.net/ . Additionally, I may, or may not, publish the responses, or lack of a response, in a company mailing list, either in email form, or direct mailings, which was established in part to share information about Lago Vista. I am not trying to be vague. I won’t waste people’s time. If I think it will be helpful to people, I’ll publish in some form, but if I think it will not be helpful, I will not publish. I will make the commitment to you that if I do choose to publish either excerpts, or commentary on your response, or lack of response, I will also publish your complete entire response, or a statement of lack of response, on my website, so people can read and see the excerpt in its context of your complete response, exactly in the form in which you presented it, or will provide a note saying you did not respond.

You’d be answering these by 9/24/12 at the meet the candidates meeting, and it is 3 days away. So, I believe it’s appropriate to request you respond by that date, 9/24/12. I’ll feel free to publish responses or claim lack of response by then. There are a lot of questions but they should be easy to answer for anyone who is considering running the POA organization at the Director level. To guarantee fairness, I cc’d everyone so all would know I am asking everyone the same questions. You can cc everyone in your reply, respond just to me, or not respond at all. It is entirely up to you.

I’d like to know some specifics about how you view your role as a director should you be elected to serve on the Lago Vista Property Owners Association Board of Directors. Since you may not have been aware of prior events, or may not remember them, here is some background and context that might help, prior to asking the questions.

All of this takes the pluses of the POA and turns them into a negative for many of us. All of this is factual. All of this was covered either in the North Lake Travis Log, or my website at the time, along with others petitions, and at several meetings in the local area, and POA Board of Directors Meetings. I think that should be enough information to provide context and background for the questions, but if you want proof or more detailed background you can refer to old North Lake Travis Log, talk to locals, or visit my website where the emails and documentation originally published remains published.

One could say all of the above is history, but the past is prolog. One should learn from experience and ask the correct questions so history is not repeated, correct?

  1. Do you understand that a directors power is constrained, that directors have fiduciary duties to the shareholders? If not why not?
  2.  

    Jo Anne Molloy
    Yes
    Deborah Sorchevich
    Yes
    Bill Price
    Yes.
    Clive Rutherford
    No Response from Candidate as of Publication Date
    Jason Shoumaker
    No Response from Candidate as of Publication Date
    Donna Bland
    No Response from Candidate as of Publication Date
    Individual Initiative Fact Check
    Fiduciary duty is very important to protect members. Anyone interested can go over the relevant sections in an hour or so. I've outlined what sections I've been told we members, and the board, all really need to know here.

     

  3. Are you familiar with Chapter 206 of the Texas Property Code, and do you agree with the interpretation that “community burden” is a legal term of art which is a synonym for "Homeowners Association" or "Property Owners Association", that our POA has no legal obligation to provide for a “community burden”?
  4.  

    Jo Anne Molloy
    yes
    Deborah Sorchevich
    I have read Chapter 206
    Bill Price
    I am not familiar with this chapter of the Texas Property Code & would have to research the details.
    Clive Rutherford
    No Response from Candidate as of Publication Date
    Jason Shoumaker
    No Response from Candidate as of Publication Date
    Donna Bland
    No Response from Candidate as of Publication Date
    Individual Initiative Fact Check
    Chapter 206 of the Texas Property Code is here.

     

  5. If you are going to be a director of a corporation you should be familiar with the relevant laws. Have you read "Texas Homeowners Association Law" by Gregory S. Cagle, a legal expert on the subject in the state of Texas?
  6.  

    Jo Anne Molloy
    no
    Deborah Sorchevich
    No
    Bill Price
    I have not read the book.
    Clive Rutherford
    No Response from Candidate as of Publication Date
    Jason Shoumaker
    No Response from Candidate as of Publication Date
    Donna Bland
    No Response from Candidate as of Publication Date
    Individual Initiative Fact Check
    In fairness to the candidates, few would read the entire book, but you can go over the relevant sections in an hour or so. I've outlined what sections I've been told we members, and the board, all really need to know here.

     

  7. Do you agree, or disagree, with each of these 4 facts as asserted in the 2010 edition of "Texas Homeowners Association Law" by Gregory S. Cagle? If so, how do you interpret each of the 4 of them? If not, why not?
    1. "The imposition of fiduciary duties upon Directors and Officers of Nonprofit Corporations arises under both Texas common law and Texas statutory law, and the scope of such duty and the application of the "Business Judgment Rule" will be determined by the source of such duty" Pages 124, 125.
    2. "under long established Texas common law, Directors and Officers of Nonprofit Corporation HOAs are considered fiduciaries of the corporation, who owe certain fiduciary duties to the Nonprofit Corporation HOA and its Member-Homeowners." Page 125
    3. "These duties are also commonly described as the duties of obedience, loyalty, and, due care. The duty of loyalty requires that Directors and Officers must act in good faith and must not allow their personal interest to prevail over the interest of the Nonprofit HOA". Page 125
    4. Such duty of loyalty is often described as requiring an extreme measure of candor, unselfishness, and good faith on the part of Directors and Officers" Page 125.

     

    Jo Anne Molloy
    I haven't read what you are refering to.
    Deborah Sorchevich
    I have not read the book you mention, however, I believe members of any Board of Directors of any organization have a fiduciary duty to act in the best interests of the organization.
    Bill Price
    I would need to read the book to understand the full context of your questions.
    Clive Rutherford
    No Response from Candidate as of Publication Date
    Jason Shoumaker
    No Response from Candidate as of Publication Date
    Donna Bland
    No Response from Candidate as of Publication Date
    Individual Initiative Fact Check
    These duties are very important to protect members. Anyone interested can go over the relevant sections in an hour or so. I've outlined what sections I've been told we members, and the board, all really need to know here.

     

  8. Do you understand that taking a park or facility public will change it from being a nice attraction to a probable nuisance for the homeowner/property owners with property near any park or facility taken public? If not, why not?
  9.  

    Jo Anne Molloy
    yes.
    Deborah Sorchevich
    Yes
    Bill Price
    Yes, that would be a possible outcome.
    Clive Rutherford
    No Response from Candidate as of Publication Date
    Jason Shoumaker
    No Response from Candidate as of Publication Date
    Donna Bland
    No Response from Candidate as of Publication Date

     

  10. We already host a number of public events, geared to the general public, such as the 4 of July event and a few others. Few mind having the occasional guests, but there are limits to hospitality since the primary payers and owners are private residents who are paying for and deserve private use parks and private use facilities. So, other than allowing for the typical classic annual events which we’re already hosting, will you commit to limit public access so that the paying residents can continue to enjoy primarily private use of the parks and facilities? If not, why not?
  11.  

    Jo Anne Molloy
    yes.
    Deborah Sorchevich
    Yes.
    Bill Price
    Yes.
    Clive Rutherford
    No Response from Candidate as of Publication Date
    Jason Shoumaker
    No Response from Candidate as of Publication Date
    Donna Bland
    No Response from Candidate as of Publication Date

     

  12. If you compare a Board Of Directors Monthly Meeting Minutes from the last few months to one of a year or so ago, you can see the  current Meeting Minutes are basically worthless because they provide very little information. For example they indicate something was brought up for discussion but not who brought it up, how many spoke, what opinions were raised etc. You can see this on the ones from this Summer of 2012. Not all of us want to attend each and every monthly meeting. Some live far away and cannot attend every monthly meeting. In the old format, one could easily tell far more details, while these contain nearly no useful information. Will you commit to providing full and open disclosure in the Meeting Minutes if you are elected as a director?
  13.  

    Jo Anne Molloy
    no. ( we were advised at a workshop I attended in Austin to keep our minutes short.as the agenda shows what is discussed and minutes show how the vote went.
    Deborah Sorchevich
    I'm not aware of any legal requirement that minutes contain names of who brought up what topics, how many spoke or what opinions were raised.
    Bill Price
    I have read the minutes of meetings I have attended and some I have not.  The current meeting minutes seem adequate to me.
    Clive Rutherford
    No Response from Candidate as of Publication Date
    Jason Shoumaker
    No Response from Candidate as of Publication Date
    Donna Bland
    No Response from Candidate as of Publication Date
    Individual Initiative Fact Check
    Minutes are important to document what has occurred in a meeting. We've used the minutes to catch some board members doing things they really should not have been doing, and the board had been caught creating minutes that were not accurate. When a board can deny a discussion ever occurred, then what is the point of bringing something up? Also, times change, board members are replaced, and people forget. The minutes were an additional way to prove discussions, complaints, or questions, occurred. Then the minutes changed in a way that documents only the results, little about the process. Granted, the members, a court, or a later board, can undo any action a board takes, and there are the audio tapes. I agree with any who say there are options on how to construct minutes. I meant that falsifying minutes by the board is illegal. I have no doubt they are now advised to limit information. My point remains, in my opinion, this change is smart for the board, but is not in the best interest of the members.

     

  14. Do you have any plans, at any stage of discussion, for taking any parks or facilities public, and will you commit now to resigning if we later find out you do now have plans for taking anything public?
  15.  

    Jo Anne Molloy
    Answer to both questions is no.
    Deborah Sorchevich
    No
    Bill Price
    I have no plans or inclination to make any of the POA facilities/parks public.
    Clive Rutherford
    No Response from Candidate as of Publication Date
    Jason Shoumaker
    No Response from Candidate as of Publication Date
    Donna Bland
    No Response from Candidate as of Publication Date

     

  16. Do you have any conflicts of interest to disclose between the yourself, the POA, and any other entities?
  17.  

    Jo Anne Molloy
    no.
    Deborah Sorchevich
    No
    Bill Price
    No.
    Clive Rutherford
    No Response from Candidate as of Publication Date
    Jason Shoumaker
    No Response from Candidate as of Publication Date
    Donna Bland
    No Response from Candidate as of Publication Date
    Individual Initiative Fact Check
    Clive Rutherford's response could have been very interesting since he is currently Vice President of the Lago Vista-Jonestown Economic Development Alliance. Unfortunately, he did not respond as of Publication Date.

     

  18. There were private meetings, some call them secret meetings, between the Mayor and some on a prior Board which resulted in discussions on taking a park public. In the past there were No such meetings. After these were discovered and disclosed there was a sudden need announced by some Directors to continue these holding these meetings despite the fact there had been no need for them prior for many years. Both the City and POA are supposed to be acting in with full disclosure, yet there are no minutes taken at these current meetings. If the City needs use of a POA park or facility they can ask publicly, as they did for years, and the reverse is true for the POA to the City. It could be as simple as a letter but at least it would be a public notice, and the subsequent meetings could be limited to the topic of the letter whereas currently, it could be any topic of any significance. Will you commit to having only limited scope public meetings with tapes and minutes kept when meetings occur between the City and the POA?
  19.  

    Jo Anne Molloy
    I don't know that whaat [sic] you are stating are facts so my answer has to be no.
    Deborah Sorchevich
    I'm not aware of any reason why there should be meetings between the City of Lago Vista and the LVPOA.
    Bill Price
    I am not aware of any of these meetings.
    Clive Rutherford
    No Response from Candidate as of Publication Date
    Jason Shoumaker
    No Response from Candidate as of Publication Date
    Donna Bland
    No Response from Candidate as of Publication Date
    Individual Initiative Fact Check
    I am not sure why Jo Anne Malloy would say she did not know about the meetings. They were discussed in emails and in several LVPOA board of directors meetings, first a private LVPOA park sale meeting occurs, a later joint public meeting request by the board was stopped by Mayor Randy Kruger. It was brought up in LVPOA board meetings that Blaine Standiford, an LVPOA director said on his facebook page "We have a long range planning committee that is dealing with that and Cody will probably be the next one, but that plan is in the works. Also, the 9 acres we just bought on Boggy. We have land, the problem is $$$$$." There was the attempted Greenshore park lease which also was discussed in LVPOA board meetings. In the April 2011, LVPOA Board meeting, many members were pressing the board about the whole public access, and public parks issues we’d been going through for a very long time. Several members spoke up about all the meetings. Jo Anne Molloy, an LVPOA BOD director in that meeting, spoke up saying this was some board members acting on their own, that she had nothing to do with it. That statement was documented here at the time. Discussions on a park lease were stopped when a number of residents signed petitions, called, mailed, and emailed and attended an open board meeting. In fact, to this day the LVPOA still will not release the vote tally of petitions, calls, emails etc, for and against the Greenshore Park Lease from April 2011 that the LVPOA board had sent a mailer to obtain! We know they kept a tally of all contacts because the board said so in open session. Since, there have been several requests for that tally, including one again this year in open LVPOA board session.
    A standing committee between the City and POA was formed on November 11, 2010 in open board session, it did not exist before that date. The secret meetings were discovered, and then the Mayor rejected the request for a Joint Public meeting, not long after that, this standing committee was formed. From the 1st meeting in December 2010 and into 2011, this committee was related to the Greenshore Park lease attempt. The attempt failed, the committee remains in place. This committee is listed in the board minutes since its formation. When the board was asked, we were told, no minutes or voice recordings are kept at these standing committee meetings. It is reported and listed in the LVPOA Board monthly meeting minutes the same as any open ended standing internal committee.
    Click on the LVPOA section to see documentation of these facts. I am not claiming there is any current activity on the parks like we have seen in the past. I am saying, especially with the meeting minute’s changes, this committee is a blank check, and the history makes it especially worrisome, in my opinion, that's why I asked about it.

     

  20. A director has a fiduciary responsibility to the owners. Representing a private access and privately owned concern where it could lead people to consider it as a public access entity is obviously against the best interest of the owners. Would you commit to asking the Lago Vista Economic Development Alliance to change its two advertisements to reflect the actual private access and ownership of the POA, and ask them to refrain from publishing potentially misleading advertisements in the future? And ask the City of Lago Vista to do the same since the City  was using the same ads?
  21.  

    Jo Anne Molloy
    I believe we have.
    Deborah Sorchevich
    Yes
    Bill Price
    I have not seen any of these advertizements. [sic] If they are misleading or incorrect then they should be challenged.
    Clive Rutherford
    No Response from Candidate as of Publication Date
    Jason Shoumaker
    No Response from Candidate as of Publication Date
    Donna Bland
    No Response from Candidate as of Publication Date
    Individual Initiative Fact Check
    Clive Rutherford's response could have been very interesting since he is currently Vice President of the Lago Vista-Jonestown Economic Development Alliance which originated and controls the advertisements. Unfortunately, he did not respond.
    Jo Anne Malloy is correct that an attempt was made, was unsuccessful, and dropped, it was covered in the North Lake Travis Log. Anyone familiar with business 101 knows you must protect your mark, and that you can prevent anyone from using your mark without permission. A mark has value to the organization because it identifies goods and services as being associated with that entity. It is up to the entity to protect it. If a mark is not protected it can go into the public domain. Entities are usually very protective of their marks. To the best of my knowledge, the LVPOA board never sent a cease and desist letter to either the City of Lago Vista, or the Lago Vista-Jonestown Economic Development Alliance, nor took any legal action to protect the mark which is of value to the LVPOA organization and members.
    You can see the Lago Vista-Jonestown Economic Development Alliance advertisements here where I contacted the Lago Vista Economic Development Alliance directly to ask about this in August, 2011.

     

  22. Some see Lago Vista primarily as a quiet, laid back, peaceful, bedroom community. Others see Lago Vista as a place for growth and development, with lots of bustle like Cedar Park, or Round Rock. Is your vision one of those, or do you have a different vision?
  23.  

    Jo Anne Molloy
    I believe in progress. I'm not sure I call this is progress also believe this to be a City issue.
    Deborah Sorchevich
    I believe in progress, however, I don't believe economic development is the responsibility of the LVPOA.
    Bill Price
    I like a laid back, peaceful, friendly and safe comunity.
    Clive Rutherford
    No Response from Candidate as of Publication Date
    Jason Shoumaker
    No Response from Candidate as of Publication Date
    Donna Bland
    No Response from Candidate as of Publication Date

     

  24. I’ve asked a lot of questions. Now it is your turn. Is there anything you would like to say?
  25.  

    Jo Anne Molloy
    You have asked a lot of questions. You are a member and deserve answers but I don't feel threatened if that is your intention.
    Deborah Sorchevich
    Thank you for being concerned enough about the direction of the LVPOA that you would take the time to develop and ask these questions.
    Bill Price
    [response blank]
    Clive Rutherford
    No Response from Candidate as of Publication Date
    Jason Shoumaker
    No Response from Candidate as of Publication Date
    Donna Bland
    No Response from Candidate as of Publication Date

     

 

Thanks in advance. May the best persons win.

Sincerely,
Brad Waite

 

As Promised here are the links to the original emails

My Original Interview Email
My Original Interview Email
Jo Anne Molloy
Jo Anne Molloy, 2012 LVPOA interview: reply received
My thanks and my response to her reply statement to me - Jo Anne Molloy, 2012 LVPOA interview
Deborah Sorchevich
Deborah Sorchevich, 2012 LVPOA interview: reply received
My thanks and my response to her reply statement to me - Deborah Sorchevich, 2012 LVPOA interview
Bill Price
Bill Price, 2012 LVPOA interview: reply received
My thanks to his reply to me - Bill Price, 2012 LVPOA interview
Clive Rutherford
No Response from Candidate as of Publication Date
Jason Shoumaker
No Response from Candidate as of Publication Date
Donna Bland
No Response from Candidate as of Publication Date

 

 

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