Below is the file stamped copy of Cause # 2024CI 09493 naming Wurzbach Tower Council of Co-Owners and Mary Demain as defendants in an 83 page complaint for failing to follow the law and the operating rules of the Condo building
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This suit, brought by numerous owners of Wurzbach Tower was a direct result of the board of directors failing to follow the law and our operating documents that they require the rest of us follow.
The clear example of tyranny, control issues, arrogance, defiance, and mismanagement
Why this lawsuit, why sue?
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The State of Texas is slightly unique when it comes to laws governing the existence of condominiums. A glaring hole in Texas Property laws is that there is no recourse to a government body, whether that be compliance, administrative, or law enforcement for condo owners to appeal to when their condo boards fail to follow the law.
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For example, if you as an owner are fined for an infraction of the rules and dispute the outcome or administration of the appeal process to the board, the decision or failure of the board to act is final. You cannot appeal any further, even if the board has not followed procedure; even if the fine was unfair or capricious.
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Likewise, as in the case of our lawsuit, if the board fails to provide access to the statutory requirement that a voter list be provided to the owners upon request in an annual election, there is no remedy to the owners if the board ignores the law other than file a suit.
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Which we were forced to do from a near global failure of the Wurzbach Tower board of directors in producing or allowing us to inspect the very documents we are entitled to see.
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These are our records. The cannot be secret, They are not confidential and proprietary. We will access the records...indeed Judge Hortick of the 225th Bexar County District Court has ORDERED the release of the records starting on May 10th 2024.
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We want results, We want a transparent board conducting our business in compliance with the laws of the State of Texas. This has not been the case for years at Wurzbach Tower, but the suit is OUR remedy...our only remedy.
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The board of directors are not happy. We should say, some of the board are not happy. They have resorted to only way they know how to bully any owner that dares challenge their authority; and scare other owners with the dirtiest word in the condo world...assessment increases.
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Let us be very clear to the amazing traffic to this webpage, the only reason we filed suit was because the board of directors broke the law, ignored our appeal to follow the law, ignored and defied our repeated letters from our lawyers to follow the law. Period. Any expenditures the board makes in having to defend expensive legal action is totally on the mismanaged board.
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Ps: after reading this website and this lawsuit, we have picked up 3 more plaintiffs!!!
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