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Date Posted: 06:39:39 07/06/10 Tue
Author: Linda
Author Host/IP: 69-4-58-185.dsl.cmft.hctcnetworks.net / 69.4.58.185
Subject: Downey Update

Hello, Everyone -
After a long, quiet spell, we finally have news.
It took us some time to get the affidavits together that were needed, then it took a little while to get into court.
But on Thursday, July 1, Judge Estlinbaum in Bay City signed a temporary restraining order & set a date for the next hearing.
Papers were served requiring the board members to appear at the next hearing: 9 a.m. on Friday, July 9, 2010.
The board was also ordered to immediately restrain from the following:
1. Taking any action to amend the bylaws of DCCCLOA
2. Declaring that any member of DCCCLOA is not in good standing
3. Recording any lien upon the property of any DCCCLOA member
4. Assessing any fines or fees against any DCCCLOA member
5. Asserting any alleged violation of the DCCCLOA deed restrictions of record
6. Taking any action to change the current DCCCLOA deed restrictions of record
7. Calling or holding any meeting except as expressly authorized by the court
8. Taking any action to expel or evict any tenant from the DCCCLOA orrice building
9. Holding any vote except as expressly authorized by the court
10. Taking any action in his or her capacity as office and/or director of DCCCLOA whatsoever, unless specifically authorized by court
11. using, apportioning, expending, selling, giving or transferring in any manner any of the assets of DCCCLOA without the court's authorization, and
12. authorizing or instructing any agent, attorney, assign, successor or other person acting under the control or authority of the Defendants, collectively or individually, to take any action described in (1) through (11) inclusive.
It also ordered that defendants are restrained & expressly prohibited from destruction of any corporate books, records & documents of DCCCLOA.

They locked the office up on Saturday, 7/3, with a note on the door: "Closed because of restraining order filed by Ruth Risinger, Lamar Brown & Mary Ann Dittert". They didn't have to do that, but we think they were afraid some of us would show up & want to see the books & they couldn't kick us out!
Each board member was served individually, along with Roxanne Williams as acting agent for Downey's.
They were all ordered to appear before the judge this Friday, July 9th. Hopefully, at that time, the judge will order the Special Meeting we all requested earlier this year. That will give us the opportunity we need to elect new board members & get our organization back on the right track.

We don't know yet if Friday's court meeting will be open to the public. Hope to find out tomorrow (Tuesday). IF it is open, it would be a good thing to have association members present, just as a show of support. I will let everyone know as soon as I get word.

Keep in mind though - when the Special meeting is ordered & the date is set: WE WILL NEED ALL THE DOWNEY'S MEMBERS THERE THAT WE CAN GET. You've all been very supportive - please hang in just a little longer!

Just because we have the attorney moving - it's still not too late to send in your $$$ to help with the legal fund!
Mark your check: "Downey's Caney Creek Trust Fund" & mail to: William Pendergraft, 1704 Fifth Street, Bay City 77414

Will be in touch as soon as we find out if you can join us in court on Friday!!

Thanks for all your support,

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