LPOA Advocacy
Fact Or Opinion? - You Decide!

LPOA's powers, privileges, duties and obligations are in Declaration, that original authority of which is granted in the articles of incorporation. Article III of the articles states, "The corporation does not contemplate pecuniary gain or profit to the members thereof..."
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There is no language in the articles, Declaration or bylaws that permits any LPOA representative to support, oppose or communicate on behalf of LPOA regarding a L'Esprit tract owner's pursuits that aren't within LPOA's corporate purview, such as an application to a government agency.
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A government agency's decisions aren't conditioned upon requirements set forth in the governing documents of a property owners' association.
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A signed legal opinion should be requested, adopted by the board as policy, and provided to every LPOA volunteer and agent regarding the legality, as well as general advisability, of any LPOA representative supporting, opposing or communicating on behalf of LPOA regarding a L'Esprit tract owner's pursuits that aren't within LPOA's corporate purview, such as an application to a government agency.
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On behalf of LPOA (not as a private citizen), the Architectural Control Committee chairperson sent a letter to a government agency and provided verbal comments at a public meeting regarding a L'Esprit tract owner's pursuits that aren't within LPOA's corporate purview.
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On behalf of LPOA (not as a private citizen), a board member provided verbal comments at a public meeting regarding a L'Esprit tract owner's pursuits that aren't within LPOA's corporate purview.
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On behalf of LPOA (not as private citizens), multiple people provided verbal comments at a public meeting regarding a L'Esprit tract owner's pursuits that aren't within LPOA's corporate purview.
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At the LPOA president's request, but without board approval, the board's attorney provided verbal comments at a public meeting regarding a L'Esprit tract owner's pursuits that aren't within LPOA's corporate purview. This attorney billed LPOA for his participation.
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