Frequently Asked Questions

 

If your question is not answered, please feel free to contact us PadreIslandARCH@gmail.com

 

What are Bylaws?

Along with the Articles of Incorporation and Covenants, the Bylaws are an essential Governing Document of the PIPOA.  Bylaws provide the administrative details for how the PIPOA works. They can set all kinds of rules, such as compliance rules along with fines.  They can affect the manner we elect our Board, how we vote, when we vote, and other crucial aspects of life on our Island.

 

ARCH believes that the original rules by which only the Voting Members could enact, rescind, revise, or amend Bylaws was the proper democratic way to operate. But when the Board attempted improperly to change this and place most of these powers into the hands of only 4 people (a majority of the 7 member Board of Directors) this undermined the rights of over 4,300 property owners.  And it’s time to take back these crucial powers.

 

What is a Member?

In the case of the Padre Isles Property Owner's Association (PIPOA) a Member is any person who owns a property that is under the jurisdiction of the PIPOA.

 

What is the PIPOA Board?

The PIPOA Board of Directors is a group of 7 Members elected by the Members at the Annual Member Meeting in March.  They are elected to serve 3-year terms and are charged with the duty to act in good faith to operate in a manner for the benefit of the property owners. Because our Maintenance Fees are a trust fund, they have fiduciary duties of the highest duty of care and loyalty to promote the interests of the property owners. with the responsibility to enact the will of the Members.

 

Why should I care about the Bylaws?

Bylaws define how an organization is managed.  But more importantly, they define the rights of Members.  Prior to 2013, the Bylaws granted many specific rights to the Members.  The Association was required to hold quarterly informational meetings.  The Association was required to have 5 separate Member run committees.  The Bylaws specified that only Members could change the Bylaws.  All of these rights, and others, were removed in 2013 with no Member involvement or approval.  So, our concern is, what rights will the Board take next?

 

Who can vote?

There are almost 5300 Members in the PIPOA and ALL Members are allowed to vote.  We require 10% of these Members to request to hold the Meeting which is why we must gather the Ballots by Proxy in advance.

 

Once the Meeting is called, even if you have not submitted a Proxy, you will be allowed to vote on the 2 proposed amendments.  However, the Meeting can't be held unless the 10% goal is reached so we encourage everyone to submit a Proxy.

 

How many votes do I have?

The number of votes you have depends on the number and type of property you own.  The vast majority of Members own a single family home so they have 1 vote.  Owners of a multi-family property can have a fractional vote.  If multiple properties are owned, then your number of votes is the total of all owned properties.

 

If you are unsure as to your number of votes, you can contact the PIPOA Office at 361-949-7025.

 

What is a Ballot by Proxy?

A written authorization empowering another person to vote or act for the signer. The proxy will authorize a named Member to act to call a Member Meeting.  Additionally, the proxy can be used to vote on the proposals made at the meeting. In this case, the two proposed amendments. Because we must have enough votes ahead of the meeting to be able to call the meeting, it is important to collect as many proxies as possible. Further, because of the importance of these issues we ask that you vote via your proxy ahead of the meeting to ensure your vote will be counted in case you cannot attend or other situations arise to interfere with the timing of the meeting.

 

In the case of the ARCH, the proxy will be used to establish a quorum for a Member Meeting and authorize a vote on none, one or both of the proposed amendments.

 

What does the Ballot by Proxy allow you to do?

The Ballot by Proxy is effective only to establish a Quorum for the Special Members Meeting and to vote for the two proposed Bylaw Amendments.  It cannot be used for any other purpose.

 

Who is Kelly McFadden and why is she listed as Proxy?

A Ballot by Proxy requires a specific person be designated to act on your behalf.  Kelly McFadden is a PIPOA Homeowner who has volunteered to be named.

 

Why is the proxy good for 11 months?

The ARCH Group must try to contact many thousands of Members who are located across the country.  We will be using various methods including social media, walking the neighborhoods and good old fashion word-of-mouth.  Because of this it might take a little time to gather enough proxies, so they need to be available to be used several months later.  An 11-month limit is also specified in our Bylaws and pertinent State Law. Further, the proxy is limited to voting on these two proposed amendments.

 

At any time, an existing proxy provided by a Homeowner can be changed or revoked by the Homeowner.  Just contact the ARCH Group to do so.

 

What is a quorum?

The minimum number of Members of an association that must be present in person or by proxy at any of its meetings to make the proceedings of that meeting valid.  In the case of the PIPOA, a quorum is 10% of the Members.

 

Can I submit a proxy just for the quorum and decide on the amendments later?

Yes, your proxy can be filled out just for calling a meeting.  You can then vote on the proposed amendments once the meeting is called.

 

Can I change my vote?

Yes, your vote can be changed at anytime prior to the final call for ballots.

 

How do I know my proxy was received and counted?

When your proxy is received by the ARCH Group, we will assign a unique identifier to your proxy which will be returned to you.  Only you will have this unique identifier.  Then, once the election is held, results will be published on this website using the unique identifier.  You can verify your vote at that time using our Vote Results page.

 

Vote tallies will be presented using the unique identifier given to you when you provided your proxy.  No personally identifiable information will be included.   Only you will know which proxy was yours.

 

Can I print out a Ballot by Proxy to give to my Neighbor to sign?

Yes, you can print it out and have your neighbor fill it out and sign it.  Then just return it to us in one of the ways listed on the Ballot Explanation page.

 

Do I have to vote "For" an amendment?

No. You can choose to vote For or Against (or choose not to vote at all) on either amendment.  If you choose not to vote, your Ballot by Proxy will be counted towards the quorum only.  And you will still have the option to vote on the Amendments once the meeting is called.

 

Who has access to the Ballots?

When you submit a ballot they are received and secured only by Kelly McFadden.  No one else has access to the ballots.  They remain confidential and will only be released to a certified, independent authority for verification and counting.  No one else in the PIPOA will have access to the ballots.

 

Does Texas State law require that a Board have the right to amend the Bylaws?

No. While an HOA can choose to allow their Board to amend their Bylaws, state law does not require it.  We have provided several HOA Bylaw examples on our Document page showing just this.

 

What happens if I sell my property prior to the meeting being called?

Please contact the ARCH Group to let them know your Proxy is no longer valid.

 

Do these amendments undo any previous Board actions?

The only action that is undone is the one that the Board enacted in 2013 - the one where they gave themselves the right to amend the Bylaws without seeking Member approval.

 

The first amendment prevents the Board from making any future Bylaw changes without asking for Member approval.

 

The second amendment prevents the Board from removing a Board Member for no reason - the current Bylaws allow this. Every Board Member needs to be able to speak their mind without fear of retribution from other Board Members.  A Board Member can still be removed by the Board for "Cause".

 

Does the ARCH Group want to dissolve the PIPOA?

No. The PIPOA is essential to the operation of our community and we would never want to dissolve it. The sole purpose of the ARCH is to return the PIPOA to the democratic organization it used to be.

 

Does the ARCH Group want to remove the current Board?

No. The ARCH is only interested in these two key Bylaw amendments. Of course, we hope the Voting Members will elect Board Members who will properly conduct themselves according to the law and our governing documents.  And we encourage Members to support Board Candidates who endorse the goals of the ARCH.

 

Who was on the 2013 Board?

Jeff Carlson - President

Brent Moore - Vice President

Jack Sharlow - Treasurer

Darrell Scanlon

Cheri Sperling

Stan Hulse

Nancy Tressa

 

How can I help?

Contact us to find out how you can help the ARCH.