Preview
FILED
12/20/2021 8:17 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Jenifer Trujillo DEPUTY
CAUSE NO. DC-19-18220
Charles (Chuck) ZUBARIK, § IN THE DISTRICT COURT OF
Plain tifl;
vs I
FRANCISCO GONZALEZ,
MARIANNE GONZALEZ, RONI DALLAS COUNTY, TEXAS
HENDERSON, THE SECOND
AMENDED PHILLIPS FAMILY
TRUST, ERIC SORENSEN, JAMI
SORENSEN, DAVID SMELSER,
and LINDSAY SMELSER,
Third Party Defendants
And Third Party Plaintifi'
V.
THE VALLEY WEWPARK
ESTA TES H0MEOWNERS’
ASSOCM TION, INC.
Third-Party Defendant 68th JUDICIAL DISTRICT
Motion to Appoint Receiver for Valle? View Park Estates Homeowners
Association INC.
TO THE HONORABLE JUDGE OF SAID COURT:
Plaintiff Charles Zubarik, respectfully requests that the Court appoint
a Receiver for Valley View Parks Estates HOA because the current
Board of Directors is mostly the Defendants in the case. The Board of
Directors do not do What is best for the HOA, but for themselves.
Specifically rather than obey the Declaration and the Court’s finding
that the Defendants violated the Declaration. Instead of doing what was
Motion to Appoint Receiver1 of 13
best for the HOA, the Board of Directors sued the HOA.
A. Three fraudulent votes/elections in a row.
I. March 23, 2021 vote to Amend Declaration to Grandfather
Defendants/Board member fences in easements was Noticed
to members Via mail/email on March 4th with language of
proposed Amendment. This Notice contained a General
Proxy (forbidden by VVPE By Laws) and an Absentee Ballot
that could be voted.
a. In person at time & place of meeting, or
b. By fax, email, or USPS Via Associa management Co.
Vote results announced by Associa as 65 FOR & 7 Against.
As the previous HOA 2016 vote on allowing these same
cedar plank perimeter privacy fences & a recent Board
survey on issue in 2019 both resulted in less than 50% of
members wanting these fences to be installed,
The vote was challenged in a recount done by Judge Harlan
Martin. Judge Martin focused on the obvious wrong usage of
“General” proxies to net the 2/3rd membership required for
approval of Declaration Amendments & ruled election failed
to legally net the required 2/3rd vote.
Judge Martin was never made aware that the Absentee
Ballots & sign-in sheets showedi
a. Two homes voting twice.
One Board member who admitted in his deposition to not being a
property owner/member of HOA illegally voted using another person’s
address. See Carey Dunn deposition June 16, 2021 the following
pages:
P-19 Line 4 to 10 Carey Dunn does not own 13207 Cedar Lane Cedar
Lane Farmers Branch
P-69 Lines 1-10;-15-22 gathering early votes, voting although not an
owner.
Page 70, lines 3 '6 and 13 to 19, page 71 lines 16-18, & 72 lines9'
20 Lines 1'25 All show Mr. Dunn was not eligible to vote
Exhibit 16 Meeting Ballot Shows he illegally voted.
Motion to Appoint Receiver2 of 13
90+% of Absentee Ballots voted/signed four weeks to a few
days in advance of Notice date when Amendment
language first published. Pressure & intimidation tactics
were reported to have been used by the Board to harvest
these Very Early Absentee Ballots which were then NOT
delivered “in person at the time & place of the meeting” as
shown on Video of meeting.
II. Second election to change Declaration language was noticed
on June 9, 2021 and held on July lst, 2021. It resulted in an
illegally skewed announced result of 67 members voting
FOR the Amendment & 7 members voting AGAINST. As
the same Fraud was believed to have been committed in this
election/vote as the March 23 vote, Mr. Zubarik filed & paid
for another recount.
This time the HOA attorney C. Meyers selected a retired
Collin Co. judge to do the recount & Mr. Zubarik & his
lawyer were denied access/communication with him to
present the election fraud evidence (see enclosed email
G)0189 )from Terry Lynne on May 27, 2021which states the
Board will not Notice/set vote meeting until they have 5O
signed FOR votes).
The Recorded Video of this meeting proves beyond any
Reasonable doubt that once again 90+% of the Absentee
Ballots were not delivered as required per the Ballet delivery
instructions “in person at the time & place of meeting.” If
these fraudulent Absentee Ballots were correctly thrown out,
the For votes would not number more than 18 to 20 which is
nowhere near the 58 votes (2/3rd) required to approve the
Amendment. No non-fraudulent vote has ever occurred to
change the Declaration & allow these fences to be legal.
III. An HOA annual meeting was held Nov. 3, 2021 to elect 3
new Board Members. Two of the three reportedly elected
(Samantha Lynne — non-member daughter of Terry Lynne &
Eric Sorensen fence Defendant) were we believe elected
——
fraudulently by the same voting irregularities that occurred
in the March 23 & July lst election/votes. We have no
Motion to Appoint Receiver3 of 13
present access to the ballots cast to check when they were
voted (i.e., prior to Notice date),
B. The Board’s Gross wasting of HOA’S money to primarily defend
the HOA against the law suit the 5 Defendants (have held
majority of Board seats last three years) filed against the HOA on
which Board they simultaneously serve is a breach of fiduciary
duty. The Defendants caused the HOA to spend $39,100 in 2020
and another $39,130 so far in 2021 on legal payments to Mr.
Meyers. This $7 3,230 is about 73% of the VVPE HOA’s annual
budget which means other HOA needs are being disregarded to
pay these legal fees.
C. The fence erecting defendants on the Board and the newly elected
Board member Samantha Lynne have already refused to address
many ongoing CC&R Violations (forbidden metal seam roof
installation, rock landscaping, numerous forbidden yard signs,
commercial vehicles parked overnight, etc.) that they and their
friends are committing. Board Member/Defendant Smelser won’t
address the Abbott’s new metal seam roof reportable because the
Abbott’s are financing the purchase of his house. Rock
landscaping just installed in beds of Goodsell (chairwoman of
ACLC that approved fences in easement) house were allowed to go
in just before the Goodsell’s recently sold & moved (Why). Illegal
Yard signs in yards of Sorensen, Smelser & Lynne are among
several dozen degrading the esthetics of the HOA. Samantha
Lynne drives & parks a commercially painted truck, and has
publically refused to park same in their garage claiming the
CC&Rs don’t apply to her since City has no problem with What
she does.
We have lost the rule of law in the VVPE HOA & have no remedy to
right this ship without a neutral Receiver. Judge Montgomery saw the
need & indicated she was preparing to appoint some lady named Sherri
Adney to that position just before the original Motion for Receivership
legal action was moved to your honor’s Court.
The Mediation failed/deadlocked because the other side was unwilling
Motion to Appoint Receiver4 of 13
to turn control of the HOA over to a more neutral homogeneous Board.
We want our HOA to return to following our governing documents &
the rule of Law; the Defendants in power want to continue With a
dictatorship that allow them to do whatever they want & to punish
those who challenge their illegality. A Court appointed 3rd party
Receiver appears the sole means remaining to achieve this. With a
Receiver running the HOA for 2 or 3 years, the door would be open for
both sides to resolve all other issues in this litigation, including money.
Respectfully submitted,
PRAGER & MILLER P.C.
Byi ls/ Robert A. Miller
Robert A. Miller
State Bar No. 14108200
14911 Quorum Drive, Suite 320
Dallas, Texas 75254
972-661-9211 - telephone
972-661-9859 — telecopier
rmiller@prager-miller.com
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
I the undersigned hereby certify that a true and correct copy of the
above and foregoing document was served on the attorneys of record for the
parties by a method approved by the Texas Rules of Civil Procedure Rule
21a, on this 20th day of December, 2021.
ls/ Robert A. Miller
Robert A. Miller
Motion to Appoint Receiver5 of 13
Carey Dunn
Page 19
1.. Q. 50 Ms. Henderson.previously owned'it, and you
moved in; is that right?
2
A. Correct.
3
Who Owns the house today, do you know?
4
A. I do know.
5
Who?
6
Q.
A. Roni Henderson.
7
8 Q, You don't claim any ownership in that home; is
that fair?
10 A. 'That's correct.
11 Q. Do you know what-your real estate license
12 number is?
13 A. Yes.
14 Q. What is it, please?
15 A. 0632528.
l6 Q. And is that in good standing since 2013 when
17 you got it?
18 A. It is.
19 Q. Do you know when MS. Henderson got her real
2O estate license?
21 A. No.
22 Q. ‘Was it-around ——'do you know if it was before
23 or after you got yours?
24 A. Before.
25 Q. Okay.
MELODY MONK REPORTING
888.988.5317
Motion to Appoint Receiver6 of 13
Carey Dunn
Page 69
Q. Do you know who was gathering the early votes?
MR. MILLIGAN: Objection, form;
.mwmi-I
MR. BUYSE: The same objection.
A. Not specifically. Other members, other
5 community members, were involved.
Q. Can you remember any individuals?
MR. MILLIGAN: ~Objectioo, form.
A. I know of a couple. I think it was Eric, Dave,
Terry, and I don't know who else.
10 Q. You're not a member, are you? I think we
ll already said that, right?
12 MR. MILLIGAN: ObjectiOn, form.
13 MR. BUYSEt Objection, form.
14 ‘A. Correct.
15 Q. You voted'in the March meeting. Do you know
that?
17 A. No, I did not as a board member. Not as-a
18 member.
19 0. 'Name of-owner casting ballot, Carey Dunn. Do
20 you see that?
21 ,A. Yes.
22 Q. You’re not an owner, are you?
23 MR. BUYSE: Objection, form.
24 A. No.
25 MR. MILLIGAN: 1'11 join.
MELODY MONK REPORTING
888.988.5317
Motion to Appoint Receiver? of 13
Carey Dunn
Page 70
1 Q. Is that your signature, sir?
2 .A. It appears so.
3. What ——
what's year address?
A. 13216 Cedar Lane.
Q. You were voting for 13207 Cedar Lane on this
ballot.
MR. MELLIGAN: Objection, form.
MR. BUYSE: Objection, form.
Q. ‘What in the World is going on here, sir?
10 MR. MILLIGAN: Objection, form.
11 MR. BUYSE: Objection, harassing.
12 A. I don‘t recall.
13 Q. So you don't recall signing this document; is
l4 'that fair?
15 A. :Correct.
16 Q. You‘re not an owner. Fair?
17 A. Correct.
18 Q. That's not your address. Fair?
19 A. Correct.
20 Q. But you're Voting for it, right?
21 MR. MILLIGAN: Objection, form.
22 A. Correct.
23 Q. How did you slip and fall and Sign this
24 doCument? Why are you ——
25 MR. BUYSE: Objection to form, harassing.
.— -—-, ,_
- . _
- _ .' -
MELODY MONK REPORTING
888.988.5317
Motion to Appoint Receiver8 of 13
Carey Dunn
Page 71
David -—
MR. MILLIGAN: Hefs being argumentative.
Q. Why are you signing a fraudulent ballot, sir?
MR. MILLIGAN: Objection, form.
5 MR. BUYSE: Objection, form.
6 'Don‘t answer that question.
7 I‘m instructing the witness not to answer.
0. Sir, do you believe this ballot is anything
other than fraud?
10 MR. MILLIGAN: Objection, form.
11 MR. BUYSE: ObjectiOn, form.
12 Instructing the witness not to answer.
13 Q. Is that an honest ballot, sir?
14 MR. MILLIGAN: Objection, form.
15 MR. BUYSE: Objection, form.
16 Q. Is that an honest ballot?
l7 A. I don't know.
l8 You don‘t know?
19 MR. MILLIGAN: Object, fOrm.
20 Q. 'How-can you not know? You're not the owner and
21 you‘re signing it, and it's not your address.
22 MR. MILLIGAN: Object, form.
23 MR. BUYSE: Objection, form, asked and
24 answered.
25 Mr. Welch, at this point ——
‘
MELODY MONK REPORTING
888.988.5317
Motion to Appoint Receiver9 of 13
Carey Dunn
Page 72
1—4
MR. WELCH: Stop, stop, stop.
MR. BUYSE: yOu‘re we‘Ve gone over
N-
—- ——
the-same thing ever and OVer again. We‘re going to call
U)
this deposition if your harassing behavior and
4:.
5 unprofessional conduct does not stop.
6 MR. WELCH: You do What you got to do. You
do what you got to do. I'd be raising a fit too if this
came out.
Q. So I think you told me you don't know why you
10 signed this ballot, right?
ll A. I think I ~-
12 MR. BUYSE: Objection, form.
l3 Q. I‘m sorry, sir. What was your answer?
14 A. I believe I said I didn't recall.
15 Q. Okay.
16 It's dated 3/21/21. That‘s the-day of the
17 meeting, right?
18 A. I believe so. I don't recall the exact date.
l9 Q. I'm marking this page Exhibit 16.
20 (Exhibit Number 16 marked.)
21 Q. You're __
you're the directer of the board,
22 right?
23 MR. MILLIGAN: Object, form.
24 A. I‘m the director on the board.
25 Q. Is that a valid ballot?
MELODY MONK REPORTING
888.988.5317
Motion to Appoint Receiver10 of 13
EXHIBIT E
.5
ET] NG BALLOT g
E
Valley View Park Estates
2021 Amendment to the Declaration
This Ballot is valid for the meeting held to adopt the proposed Amendment to the
Declaration, any adj0urnments thereof, and any noticed subsequent attempt to hold
this meeting, and shall not expire until after the vote is complete.
PLEASE INDICATE YOUR VOTE:
E/lvote FOR the 2021 Amendment to the Declaration
E] I vote AGAINST the 2021 Amendment to the Decia ration
Confidential:_ This Absentee ballot is CONFIDENTIAL. Upon verification of Owner
eligibility to vote, the ballot will be submitted for tallying at the Meeting this
information detached.
Name of Owner Casting Ballot: (far { y (3 U N "/
Signature of Owner Casting Ballot:
Address of Owner Casting Ballot: ['13 M?- ()4 (‘0‘ II‘ A/
Date: 3713/
Motion to Appoint Receiver11 of 13
Francisco Gonzalez
Fwd: REVOTE Materials
May 29, 2021 at 10:58:52 AM
Greg Fell, Attorney
Greg Fen, Attorney Marianne Gonzalez
FYi on recent HOA voting issues.
Francisco
Sent from my iPhone
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Motion to Appoint Receiver12 of 13
income Statement Reprt
Valley View Park Estates
Operating
December 01, 2020 thru December 31 , 2020
Year to Date (12 months) Annual Budget
Current Period -——-
Variance Aetuat Budget Variance Budget Remaining
Actual Budget
Expense
Repair 8. Maintenance 850.00 9,136.00 850.00 (9,136.00)
361.00 71.00 290.00 9,986.00
6530 Common Areas Repair & Maintenancu
—
500.00 500.00
42.00 (42.00) 0.00 500.00 (500.00)
6795 Other Supplies/Repair & Maintenance
— 0.00
248.00 9,986.00 1,350.00 8,636.00 1,350.00 (8,636.00)
361.00 113.00
Total Repair & Maintenance
Professional Services 900.00 670.00
75.00 (75.00) 230.00 900.00 (670.00)
0.00
Motion to Appoint Receiver13 of 13
7000 - Audit 8. Tax Services
. ,.
2,900.00 34,100.00, 18,000.00 16,100.00 18,000.00 (16,100.00)
7020 - Legal Services 4,400.00 1,500.00 " '
50.33 0.00 50.33 0.00 (50.33)
0.00 0.00 0.00
7030 - Legal Services - General Counsel 386.00
91.00 7,914.00 8,300.00 (386.00) 8,300.00
783.00 692.00
7040 - Management Fees
42,294.33 27,200.00 15,094.33 27,200.00 (15,094.33)
Total Professional Services 5,183.00 2,267.00 2,916.00
Taxes 10.00 7.59
2.41 10.00 (7.59)
9015 ~ Property/Real Estate Tax 000 1.00 (1.00)
2.41 1 0.00 (7.59) 10.00 7.59
0.00 1.00 (1 .00)
Total Taxes
I
105,008.22 100,400.00 4,608.22 100,400.00 (4,608.22)
9,330.61 8,368.00 1,01 2.61
Total Operating Expense
0.00 (1,735.69) 0.00 1,735.69
(9.1 59.53) (2.00) (9,157.53) (1 ,735.69)
Total Operating Income I (Loss) ===
Page 3 of4
2021 06:25 am
Printed by Andrew Shamblin—AssodaHDQ on Fn‘ Feb 05,
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Bar No. 14108200
rmiller@prager-miller.com
Envelope ID: 60202611
Status as of 12/21/2021 10:14 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Leticia Botello leticia@shawlaw.net 12/20/2021 8:17:48 PM SENT
David Welch david@shawlaw.net 12/20/2021 8:17:48 PM SENT
Jack Manning 12946000 Jack@hoalegal.com 12/20/2021 8:17:48 PM SENT
Beau Powell beau@shawlaw.net 12/20/2021 8:17:48 PM SENT
Tracy Head lfsec@fflawoffice.com 12/20/2021 8:17:48 PM SENT
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Robert Feiger rfeiger@fflawoffice.com 12/20/2021 8:17:48 PM SENT
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Stacy Morrison smorrison@fflawoffice.com 12/20/2021 8:17:48 PM SENT
ROBERT MILLER EBRYANT@MILLER-BROWN.COM 12/20/2021 8:17:48 PM SENT
BRAULIO GONZALEZ BGONZALEZ@FFLAWOFFICE.COM 12/20/2021 8:17:48 PM SENT
KElTH CRAMER KCRAMER@GRSM.COM 12/20/2021 8:17:48 PM SENT
KAITLYN MCOKER KCOKER@FFLAWOFFICE.COM 12/20/2021 8:17:48 PM SENT
ERIC FRIEDMAN EFRIEDMAN@FFLAWOFFICE.COM 12/20/2021 8:17:48 PM SENT
Jeff ODell Jodell@fflawoffice.com 12/20/2021 8:17:48 PM SENT
RAE DIAZ RAEANNA@SHAWLAW.NET 12/20/2021 8:17:48 PM SENT
Associated Case Party: MARIANNE GONZALEZ
Name BarNumber Email TimestampSubmitted Status
Gregory B.Fell gfell@felllawfirm.com 12/20/2021 8:17:48 PM SENT
Associated Case Party: THE VALLEY VIEW PARK ESTATES HOMEOWNERS'
ASSOCIATION INC
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Robert Miller on behalf of Robert Miller
Bar No. 14108200
rmiller@prager-miller.com
Envelope ID: 60202611
Status as of 12/21/2021 10:14 AM CST
Associated Case Party: THE VALLEY VIEW PARK ESTATES HOMEOWNERS'
ASSOCIATION INC
Name BarNumber Email TimestampSubmitted Status
Lance Erickson Lance@HOALegal.com 12/20/2021 8:17:48 PM SENT
David Brezik dbrezik@grsm.com 12/20/2021 8:17:48 PM SENT
Anita Soto ASoto@grsm.com 12/20/2021 8:17:48 PM SENT
Casey Meyers Casey@HOALegal.com 12/20/2021 8:17:48 PM SENT
Christopher Norcross cnorcross@grsm.com 12/20/2021 8:17:48 PM SENT
Keith Cramer kcramer@grsm.com 12/20/2021 8:17:48 PM SENT
Alexandra Garman agarman@grsm.com 12/20/2021 8:17:48 PM SENT
Gizem Petrosino gpetrosino@grsm.com 12/20/2021 8:17:48 PM SENT
Sonja Throckmorton WL_DFWSupport@grsm.com 12/20/2021 8:17:48 PM SENT
Associated Case Party: FRANCISCO GONZALEZ
Name BarNumber Email Timestam pSubmitted Status
Timothy J.Adams timothy.adams@adams-law—pllc.com 12/20/2021 8:17:48 PM SENT
Associated Case Party: CHARLES(CHUCK)ZUBARIK
Name BarNumber Email TimestampSubmitted Status
Robert A.Miller rmiller@prager—miller.com 12/20/2021 8:17:48 PM SENT
Associated Case Party: RONI HENDERSON
Name BarNumber Email TimestampSubmitted Status
Kelly WilliamMilligan kelly.milligan@ctt.com 12/20/2021 8:17:48 PM SENT
Preview
FILED 12/20/2021 8:17 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Jenifer Trujillo DEPUTY CAUSE NO. DC-19-18220 Charles (Chuck) ZUBARIK, § IN THE DISTRICT COURT OF Plain tifl; vs I FRANCISCO GONZALEZ, MARIANNE GONZALEZ, RONI DALLAS COUNTY, TEXAS HENDERSON, THE SECOND AMENDED PHILLIPS FAMILY TRUST, ERIC SORENSEN, JAMI SORENSEN, DAVID SMELSER, and LINDSAY SMELSER, Third Party Defendants And Third Party Plaintifi' V. THE VALLEY WEWPARK ESTA TES H0MEOWNERS’ ASSOCM TION, INC. Third-Party Defendant 68th JUDICIAL DISTRICT Motion to Appoint Receiver for Valle? View Park Estates Homeowners Association INC. TO THE HONORABLE JUDGE OF SAID COURT: Plaintiff Charles Zubarik, respectfully requests that the Court appoint a Receiver for Valley View Parks Estates HOA because the current Board of Directors is mostly the Defendants in the case. The Board of Directors do not do What is best for the HOA, but for themselves. Specifically rather than obey the Declaration and the Court’s finding that the Defendants violated the Declaration. Instead of doing what was Motion to Appoint Receiver1 of 13 best for the HOA, the Board of Directors sued the HOA. A. Three fraudulent votes/elections in a row. I. March 23, 2021 vote to Amend Declaration to Grandfather Defendants/Board member fences in easements was Noticed to members Via mail/email on March 4th with language of proposed Amendment. This Notice contained a General Proxy (forbidden by VVPE By Laws) and an Absentee Ballot that could be voted. a. In person at time & place of meeting, or b. By fax, email, or USPS Via Associa management Co. Vote results announced by Associa as 65 FOR & 7 Against. As the previous HOA 2016 vote on allowing these same cedar plank perimeter privacy fences & a recent Board survey on issue in 2019 both resulted in less than 50% of members wanting these fences to be installed, The vote was challenged in a recount done by Judge Harlan Martin. Judge Martin focused on the obvious wrong usage of “General” proxies to net the 2/3rd membership required for approval of Declaration Amendments & ruled election failed to legally net the required 2/3rd vote. Judge Martin was never made aware that the Absentee Ballots & sign-in sheets showedi a. Two homes voting twice. One Board member who admitted in his deposition to not being a property owner/member of HOA illegally voted using another person’s address. See Carey Dunn deposition June 16, 2021 the following pages: P-19 Line 4 to 10 Carey Dunn does not own 13207 Cedar Lane Cedar Lane Farmers Branch P-69 Lines 1-10;-15-22 gathering early votes, voting although not an owner. Page 70, lines 3 '6 and 13 to 19, page 71 lines 16-18, & 72 lines9' 20 Lines 1'25 All show Mr. Dunn was not eligible to vote Exhibit 16 Meeting Ballot Shows he illegally voted. Motion to Appoint Receiver2 of 13 90+% of Absentee Ballots voted/signed four weeks to a few days in advance of Notice date when Amendment language first published. Pressure & intimidation tactics were reported to have been used by the Board to harvest these Very Early Absentee Ballots which were then NOT delivered “in person at the time & place of the meeting” as shown on Video of meeting. II. Second election to change Declaration language was noticed on June 9, 2021 and held on July lst, 2021. It resulted in an illegally skewed announced result of 67 members voting FOR the Amendment & 7 members voting AGAINST. As the same Fraud was believed to have been committed in this election/vote as the March 23 vote, Mr. Zubarik filed & paid for another recount. This time the HOA attorney C. Meyers selected a retired Collin Co. judge to do the recount & Mr. Zubarik & his lawyer were denied access/communication with him to present the election fraud evidence (see enclosed email G)0189 )from Terry Lynne on May 27, 2021which states the Board will not Notice/set vote meeting until they have 5O signed FOR votes). The Recorded Video of this meeting proves beyond any Reasonable doubt that once again 90+% of the Absentee Ballots were not delivered as required per the Ballet delivery instructions “in person at the time & place of meeting.” If these fraudulent Absentee Ballots were correctly thrown out, the For votes would not number more than 18 to 20 which is nowhere near the 58 votes (2/3rd) required to approve the Amendment. No non-fraudulent vote has ever occurred to change the Declaration & allow these fences to be legal. III. An HOA annual meeting was held Nov. 3, 2021 to elect 3 new Board Members. Two of the three reportedly elected (Samantha Lynne — non-member daughter of Terry Lynne & Eric Sorensen fence Defendant) were we believe elected —— fraudulently by the same voting irregularities that occurred in the March 23 & July lst election/votes. We have no Motion to Appoint Receiver3 of 13 present access to the ballots cast to check when they were voted (i.e., prior to Notice date), B. The Board’s Gross wasting of HOA’S money to primarily defend the HOA against the law suit the 5 Defendants (have held majority of Board seats last three years) filed against the HOA on which Board they simultaneously serve is a breach of fiduciary duty. The Defendants caused the HOA to spend $39,100 in 2020 and another $39,130 so far in 2021 on legal payments to Mr. Meyers. This $7 3,230 is about 73% of the VVPE HOA’s annual budget which means other HOA needs are being disregarded to pay these legal fees. C. The fence erecting defendants on the Board and the newly elected Board member Samantha Lynne have already refused to address many ongoing CC&R Violations (forbidden metal seam roof installation, rock landscaping, numerous forbidden yard signs, commercial vehicles parked overnight, etc.) that they and their friends are committing. Board Member/Defendant Smelser won’t address the Abbott’s new metal seam roof reportable because the Abbott’s are financing the purchase of his house. Rock landscaping just installed in beds of Goodsell (chairwoman of ACLC that approved fences in easement) house were allowed to go in just before the Goodsell’s recently sold & moved (Why). Illegal Yard signs in yards of Sorensen, Smelser & Lynne are among several dozen degrading the esthetics of the HOA. Samantha Lynne drives & parks a commercially painted truck, and has publically refused to park same in their garage claiming the CC&Rs don’t apply to her since City has no problem with What she does. We have lost the rule of law in the VVPE HOA & have no remedy to right this ship without a neutral Receiver. Judge Montgomery saw the need & indicated she was preparing to appoint some lady named Sherri Adney to that position just before the original Motion for Receivership legal action was moved to your honor’s Court. The Mediation failed/deadlocked because the other side was unwilling Motion to Appoint Receiver4 of 13 to turn control of the HOA over to a more neutral homogeneous Board. We want our HOA to return to following our governing documents & the rule of Law; the Defendants in power want to continue With a dictatorship that allow them to do whatever they want & to punish those who challenge their illegality. A Court appointed 3rd party Receiver appears the sole means remaining to achieve this. With a Receiver running the HOA for 2 or 3 years, the door would be open for both sides to resolve all other issues in this litigation, including money. Respectfully submitted, PRAGER & MILLER P.C. Byi ls/ Robert A. Miller Robert A. Miller State Bar No. 14108200 14911 Quorum Drive, Suite 320 Dallas, Texas 75254 972-661-9211 - telephone 972-661-9859 — telecopier rmiller@prager-miller.com ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE I the undersigned hereby certify that a true and correct copy of the above and foregoing document was served on the attorneys of record for the parties by a method approved by the Texas Rules of Civil Procedure Rule 21a, on this 20th day of December, 2021. ls/ Robert A. Miller Robert A. Miller Motion to Appoint Receiver5 of 13 Carey Dunn Page 19 1.. Q. 50 Ms. Henderson.previously owned'it, and you moved in; is that right? 2 A. Correct. 3 Who Owns the house today, do you know? 4 A. I do know. 5 Who? 6 Q. A. Roni Henderson. 7 8 Q, You don't claim any ownership in that home; is that fair? 10 A. 'That's correct. 11 Q. Do you know what-your real estate license 12 number is? 13 A. Yes. 14 Q. What is it, please? 15 A. 0632528. l6 Q. And is that in good standing since 2013 when 17 you got it? 18 A. It is. 19 Q. Do you know when MS. Henderson got her real 2O estate license? 21 A. No. 22 Q. ‘Was it-around ——'do you know if it was before 23 or after you got yours? 24 A. Before. 25 Q. Okay. MELODY MONK REPORTING 888.988.5317 Motion to Appoint Receiver6 of 13 Carey Dunn Page 69 Q. Do you know who was gathering the early votes? MR. MILLIGAN: Objection, form; .mwmi-I MR. BUYSE: The same objection. A. Not specifically. Other members, other 5 community members, were involved. Q. Can you remember any individuals? MR. MILLIGAN: ~Objectioo, form. A. I know of a couple. I think it was Eric, Dave, Terry, and I don't know who else. 10 Q. You're not a member, are you? I think we ll already said that, right? 12 MR. MILLIGAN: ObjectiOn, form. 13 MR. BUYSEt Objection, form. 14 ‘A. Correct. 15 Q. You voted'in the March meeting. Do you know that? 17 A. No, I did not as a board member. Not as-a 18 member. 19 0. 'Name of-owner casting ballot, Carey Dunn. Do 20 you see that? 21 ,A. Yes. 22 Q. You’re not an owner, are you? 23 MR. BUYSE: Objection, form. 24 A. No. 25 MR. MILLIGAN: 1'11 join. MELODY MONK REPORTING 888.988.5317 Motion to Appoint Receiver? of 13 Carey Dunn Page 70 1 Q. Is that your signature, sir? 2 .A. It appears so. 3. What —— what's year address? A. 13216 Cedar Lane. Q. You were voting for 13207 Cedar Lane on this ballot. MR. MELLIGAN: Objection, form. MR. BUYSE: Objection, form. Q. ‘What in the World is going on here, sir? 10 MR. MILLIGAN: Objection, form. 11 MR. BUYSE: Objection, harassing. 12 A. I don‘t recall. 13 Q. So you don't recall signing this document; is l4 'that fair? 15 A. :Correct. 16 Q. You‘re not an owner. Fair? 17 A. Correct. 18 Q. That's not your address. Fair? 19 A. Correct. 20 Q. But you're Voting for it, right? 21 MR. MILLIGAN: Objection, form. 22 A. Correct. 23 Q. How did you slip and fall and Sign this 24 doCument? Why are you —— 25 MR. BUYSE: Objection to form, harassing. .— -—-, ,_ - . _ - _ .' - MELODY MONK REPORTING 888.988.5317 Motion to Appoint Receiver8 of 13 Carey Dunn Page 71 David -— MR. MILLIGAN: Hefs being argumentative. Q. Why are you signing a fraudulent ballot, sir? MR. MILLIGAN: Objection, form. 5 MR. BUYSE: Objection, form. 6 'Don‘t answer that question. 7 I‘m instructing the witness not to answer. 0. Sir, do you believe this ballot is anything other than fraud? 10 MR. MILLIGAN: Objection, form. 11 MR. BUYSE: ObjectiOn, form. 12 Instructing the witness not to answer. 13 Q. Is that an honest ballot, sir? 14 MR. MILLIGAN: Objection, form. 15 MR. BUYSE: Objection, form. 16 Q. Is that an honest ballot? l7 A. I don't know. l8 You don‘t know? 19 MR. MILLIGAN: Object, fOrm. 20 Q. 'How-can you not know? You're not the owner and 21 you‘re signing it, and it's not your address. 22 MR. MILLIGAN: Object, form. 23 MR. BUYSE: Objection, form, asked and 24 answered. 25 Mr. Welch, at this point —— ‘ MELODY MONK REPORTING 888.988.5317 Motion to Appoint Receiver9 of 13 Carey Dunn Page 72 1—4 MR. WELCH: Stop, stop, stop. MR. BUYSE: yOu‘re we‘Ve gone over N- —- —— the-same thing ever and OVer again. We‘re going to call U) this deposition if your harassing behavior and 4:. 5 unprofessional conduct does not stop. 6 MR. WELCH: You do What you got to do. You do what you got to do. I'd be raising a fit too if this came out. Q. So I think you told me you don't know why you 10 signed this ballot, right? ll A. I think I ~- 12 MR. BUYSE: Objection, form. l3 Q. I‘m sorry, sir. What was your answer? 14 A. I believe I said I didn't recall. 15 Q. Okay. 16 It's dated 3/21/21. That‘s the-day of the 17 meeting, right? 18 A. I believe so. I don't recall the exact date. l9 Q. I'm marking this page Exhibit 16. 20 (Exhibit Number 16 marked.) 21 Q. You're __ you're the directer of the board, 22 right? 23 MR. MILLIGAN: Object, form. 24 A. I‘m the director on the board. 25 Q. Is that a valid ballot? MELODY MONK REPORTING 888.988.5317 Motion to Appoint Receiver10 of 13 EXHIBIT E .5 ET] NG BALLOT g E Valley View Park Estates 2021 Amendment to the Declaration This Ballot is valid for the meeting held to adopt the proposed Amendment to the Declaration, any adj0urnments thereof, and any noticed subsequent attempt to hold this meeting, and shall not expire until after the vote is complete. PLEASE INDICATE YOUR VOTE: E/lvote FOR the 2021 Amendment to the Declaration E] I vote AGAINST the 2021 Amendment to the Decia ration Confidential:_ This Absentee ballot is CONFIDENTIAL. Upon verification of Owner eligibility to vote, the ballot will be submitted for tallying at the Meeting this information detached. Name of Owner Casting Ballot: (far { y (3 U N "/ Signature of Owner Casting Ballot: Address of Owner Casting Ballot: ['13 M?- ()4 (‘0‘ II‘ A/ Date: 3713/ Motion to Appoint Receiver11 of 13 Francisco Gonzalez Fwd: REVOTE Materials May 29, 2021 at 10:58:52 AM Greg Fell, Attorney Greg Fen, Attorney Marianne Gonzalez FYi on recent HOA voting issues. Francisco Sent from my iPhone Begin forwarded message: FTIJJTL 7 --':-_, “vim. .gygrhiniiulfl.”31W:'- ' Date .2171. . 37‘7" an '3'! :17 PM if??? To; 5: Jingle: ; :.‘:i:rn'_‘.-‘(_-_ -jxgciiorpaan-rri_.:,D1§-,-;_¢_;;_m » Babiect. REVOTE Materials immu'i‘ 3:35} .‘."li fu'i‘rf ‘ ridg'g‘ .1 fh :1:t‘:e“.,lnr; ari‘ngijuie'fl fi‘rr 1 E ii ‘ i (in. vair -\H'.~' Him: :1? f " HI wily-{’13 a: i‘. n". r .112: =51 Hug- - ”idlttiilifiil'fifll 1W!" iu‘ -::if-_~Er|tmi:-sn; lira} ’- 'T .1‘ ‘ ' .i- -&'-<'~= 'Liui .13-1113162- L-~ ,. .-. I mum-w: [M 3:31" Hm ballot and sent! it batik :.;~, me": Nu {angnaiu .n "-r' i ‘: ww- .'-,rn;-r‘ ,4 ~ 'h» gfjm' . . ~ :1 mr- mi: “ante-.1. a aphami Mai-(“1:219 yr: 21...”. pins. w. «‘12:. '3." =1 m n.1, 1' - r-I _ m rialw . 61mm. h-Js'i G 0189 Motion to Appoint Receiver12 of 13 income Statement Reprt Valley View Park Estates Operating December 01, 2020 thru December 31 , 2020 Year to Date (12 months) Annual Budget Current Period -——- Variance Aetuat Budget Variance Budget Remaining Actual Budget Expense Repair 8. Maintenance 850.00 9,136.00 850.00 (9,136.00) 361.00 71.00 290.00 9,986.00 6530 Common Areas Repair & Maintenancu — 500.00 500.00 42.00 (42.00) 0.00 500.00 (500.00) 6795 Other Supplies/Repair & Maintenance — 0.00 248.00 9,986.00 1,350.00 8,636.00 1,350.00 (8,636.00) 361.00 113.00 Total Repair & Maintenance Professional Services 900.00 670.00 75.00 (75.00) 230.00 900.00 (670.00) 0.00 Motion to Appoint Receiver13 of 13 7000 - Audit 8. Tax Services . ,. 2,900.00 34,100.00, 18,000.00 16,100.00 18,000.00 (16,100.00) 7020 - Legal Services 4,400.00 1,500.00 " ' 50.33 0.00 50.33 0.00 (50.33) 0.00 0.00 0.00 7030 - Legal Services - General Counsel 386.00 91.00 7,914.00 8,300.00 (386.00) 8,300.00 783.00 692.00 7040 - Management Fees 42,294.33 27,200.00 15,094.33 27,200.00 (15,094.33) Total Professional Services 5,183.00 2,267.00 2,916.00 Taxes 10.00 7.59 2.41 10.00 (7.59) 9015 ~ Property/Real Estate Tax 000 1.00 (1.00) 2.41 1 0.00 (7.59) 10.00 7.59 0.00 1.00 (1 .00) Total Taxes I 105,008.22 100,400.00 4,608.22 100,400.00 (4,608.22) 9,330.61 8,368.00 1,01 2.61 Total Operating Expense 0.00 (1,735.69) 0.00 1,735.69 (9.1 59.53) (2.00) (9,157.53) (1 ,735.69) Total Operating Income I (Loss) === Page 3 of4 2021 06:25 am Printed by Andrew Shamblin—AssodaHDQ on Fn‘ Feb 05, Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Robert Miller on behalf of Robert Miller Bar No. 14108200 rmiller@prager-miller.com Envelope ID: 60202611 Status as of 12/21/2021 10:14 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Leticia Botello leticia@shawlaw.net 12/20/2021 8:17:48 PM SENT David Welch david@shawlaw.net 12/20/2021 8:17:48 PM SENT Jack Manning 12946000 Jack@hoalegal.com 12/20/2021 8:17:48 PM SENT Beau Powell beau@shawlaw.net 12/20/2021 8:17:48 PM SENT Tracy Head lfsec@fflawoffice.com 12/20/2021 8:17:48 PM SENT Elizabeth Blake-Hedges refsec@fflawoffice.com 12/20/2021 8:17:48 PM SENT Robert Feiger rfeiger@fflawoffice.com 12/20/2021 8:17:48 PM SENT Kaitlyn Beaman kbeaman@fflawoffice.com 12/20/2021 8:17:48 PM SENT Stacy Morrison smorrison@fflawoffice.com 12/20/2021 8:17:48 PM SENT ROBERT MILLER EBRYANT@MILLER-BROWN.COM 12/20/2021 8:17:48 PM SENT BRAULIO GONZALEZ BGONZALEZ@FFLAWOFFICE.COM 12/20/2021 8:17:48 PM SENT KElTH CRAMER KCRAMER@GRSM.COM 12/20/2021 8:17:48 PM SENT KAITLYN MCOKER KCOKER@FFLAWOFFICE.COM 12/20/2021 8:17:48 PM SENT ERIC FRIEDMAN EFRIEDMAN@FFLAWOFFICE.COM 12/20/2021 8:17:48 PM SENT Jeff ODell Jodell@fflawoffice.com 12/20/2021 8:17:48 PM SENT RAE DIAZ RAEANNA@SHAWLAW.NET 12/20/2021 8:17:48 PM SENT Associated Case Party: MARIANNE GONZALEZ Name BarNumber Email TimestampSubmitted Status Gregory B.Fell gfell@felllawfirm.com 12/20/2021 8:17:48 PM SENT Associated Case Party: THE VALLEY VIEW PARK ESTATES HOMEOWNERS' ASSOCIATION INC Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Robert Miller on behalf of Robert Miller Bar No. 14108200 rmiller@prager-miller.com Envelope ID: 60202611 Status as of 12/21/2021 10:14 AM CST Associated Case Party: THE VALLEY VIEW PARK ESTATES HOMEOWNERS' ASSOCIATION INC Name BarNumber Email TimestampSubmitted Status Lance Erickson Lance@HOALegal.com 12/20/2021 8:17:48 PM SENT David Brezik dbrezik@grsm.com 12/20/2021 8:17:48 PM SENT Anita Soto ASoto@grsm.com 12/20/2021 8:17:48 PM SENT Casey Meyers Casey@HOALegal.com 12/20/2021 8:17:48 PM SENT Christopher Norcross cnorcross@grsm.com 12/20/2021 8:17:48 PM SENT Keith Cramer kcramer@grsm.com 12/20/2021 8:17:48 PM SENT Alexandra Garman agarman@grsm.com 12/20/2021 8:17:48 PM SENT Gizem Petrosino gpetrosino@grsm.com 12/20/2021 8:17:48 PM SENT Sonja Throckmorton WL_DFWSupport@grsm.com 12/20/2021 8:17:48 PM SENT Associated Case Party: FRANCISCO GONZALEZ Name BarNumber Email Timestam pSubmitted Status Timothy J.Adams timothy.adams@adams-law—pllc.com 12/20/2021 8:17:48 PM SENT Associated Case Party: CHARLES(CHUCK)ZUBARIK Name BarNumber Email TimestampSubmitted Status Robert A.Miller rmiller@prager—miller.com 12/20/2021 8:17:48 PM SENT Associated Case Party: RONI HENDERSON Name BarNumber Email TimestampSubmitted Status Kelly WilliamMilligan kelly.milligan@ctt.com 12/20/2021 8:17:48 PM SENT