Exactly WHERE, does the developer get his "authority"?
Developers can't just go about, making up new Association rules "because I say so!".
They need the written legal authority of legislation or properly recorded documents.
cite the written legal authority to amend a document in the Official County Records?
How can the developer
delete Article (II) Section 8 >
on page 2 of the Declaration?
Unless you can show a method in the Declaration, to amend the Declaration,
it can't be changed or amended, except under Chapter 209 of the Texas Property Code.
Exactly how, can the White Bluff POA amend the Declaration,
under Chapter 209 of the Texas Property Code, to take
Authority from the Developer, and give it to the Owners
(Through the Board of Directors)?
This example, only revokes the first five "amendments".
Article V, paragraph 9 at the end, needs to be updated,
to revoke any subsequent "amendments" to the Declaration.
I made this for last year, so the date in Article V needs to
changed from 2016 to one in 2017, at LEAST 3 days after
owners have been given notice, and a ballot to approve or
reject the Board's proposed changes.
Why did I separate PURPOSE AND POWERS in ARTICLE II?
I have actually heard Mr. Ward's lawyer argue in Court, that it was a
PURPOSE of the POA, for the Board to "do any other thing", because
Section 9. was listed under PURPOSE AND POWERS.
(of course, right above Section 9., in Section 8.
replace "Article III, Section 2 hereof" with "the Texas PROPERTY CODE" and
replace "Non-profit Corporations Act" with "BUSINESS ORGANIZATIONS CODE")
Also the Articles of Incorporation need to be changed
to eliminate that pesky "incorporated by reference"
in Article One C(ll). The owners must be given at LEAST
3 days notice, and a ballot to approve or reject the Board's
proposed changes per BOC 22.105.