V. Hugh Lewis II/Jefferson Jimplecute
The Pine Harbor Owner’s Association is in the process of disolving after 13 members attended and voted at the annual meeting on July 29.
A portion of the current Board met with the Jimplecute for aa 90-minute interview last Monday. Board members present at the meeting were Dean Karns, Betty Karns and Office Manager Jaynie Warren.
“We’re actually are not even board members,” said Dean, “we’re interm. We’re just filling a spot ot make sure checks get signed and try to take care of things.”
“It’s been a long steady decline with less people paying dues and participating,” Dean said, “and I’ve done all I can do.”
Dean explained that in July they met with C. Lynn Daughrity, a Jefferson attorney, to “discuss the dissolution of Pine Harbor Owners Association.”
He said that during that meeting they were referred to another attorney in Marshall who specializes in POA’s but they were also told they could follow the Texas Business Organizations Code to dissolve.
That code states that 2/3 of the votes cast of members present, in person, or by proxy, is required to dissolve a corporation.
The Jimplecute contacted Daughrity regarding why Texas Property Code that governs property owners associations was not used, and was referred to their articles of incorporation with the Texas Secretary of State’s office. Daughrity also stated he did not represent the PHOA.
In the July 29 meeting, a motion was made by Barry Swinford to dissolve the association, and it was seconded by Mary Martin-Jones. The 13 members present all voted for dissolution.
Prior to that vote, a motion was made by Mary Martin-Jones to sell and/or donate the assets of PHOA. It was seconded by Steve Crane. According to the minutes from the meeting the motion carried.
Both motions were made by property owners, and not members identified as being part of the board. The vote count was not recorded in the minutes provided to the Jimplecute. Nor was a list of property owners present.
Office Manager Jaynie Warren told the Jimplecute notice of the meeting were posted on the marquee at the entrance to the subdivision and the agenda was posted on the office.
When asked why all owners were not notified of the pending dissolution, Warren said there wasn’t any money to send out notices, and they were told they didn’t have to.
“After we paid off the tractor, we had $1,100,” said Warren.
The issue of a Kubota tractor has also been heavily discussed online in private groups on FaceBook. Dean and Warren both said the tractor had been paid off and was then sold back to Kubota. That sale this last week, according to Warren, gave the association approximately $10,000 in funds.
The board is currently holding a sale for various assets, and is working to find a real estate agent to list the various properties the POA owns.
Dean said once those items are all sold, then the association will be dissolved and that CPA Debbie Dennis in Hughes Springs will be hired to assist in filling out the paperwork.
Dean also said any funds left after surveys, closing costs, accounting fees, and outstanding bills are paid,will be given to a non-profit in the area, as they were advised by counsel.
Find more details online at Jimplecute.com