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The on camera legal deposition of Mary Demain, which will has been entered into the lawsuit against Wurzbach Tower
PART 1 OF 5
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In case you don't want to view the entire video, here are highlights:
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Note that Demain does not possess any credentials in building maintenance or management operations.
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At 24:00 into the depo, Demain has a little trouble explaining the mimic website that Mark Bender and Demain made in answer to wurzbachtowerowners.org, please also note that this is the first in many examples of Demain stating that she makes exclusive independant decisions with out board of directors knowledge or consent.
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At approximately minute 43:00 and continuing, Demain explains her failure to provide documents, emails, text messages of a court ordered subpoena duces tecum.
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51:45 Demain explains that she exclusively picks the nominating committee for elections with no board members input.
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59:20 Demain states she has provided confidentiality agreements executed by board of director members. In reality, she completely misrepresents her response in both providing the document copies and her answer. In fact she only provided one signature page and NO agreement itself. Total evasive response, and not the truth.
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1:04.20 A very chilling admission under oath: when asked if the board of directors is responsible to "maintain property values" in benefit to owners, Demain states and restates that the board is not responsible to maintain property values for the owners. This supports the reality that our property values are compromised, we suffer from compromised sales data figures, and just look around at the myriad of incomplete projects, a state of deplorable disrepair of the common areas, our landscaping is all but non existent, our paint is peeling, the tennis courts are now unusable, the grass areas are now bare dirt, our trees are dying and in distress because they refuse to water/irrigate them, our entrance is embarrassing and our decor resembles a thrift store.
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1:05 starts questions and answers about common area values, and transparency to owners. That the bylaws do not allow owners to attend board meetings...and that Demain has an "opinion" as to whether owners should attend board meetings, but won't share that opinion. The evasiness of her answers support the reality that owners are kept in the dark, and demonstrates a concerted effort by Demain to redefine 'meetings' to restrict knowledge and transparency.
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1:12 Demain states under oath that none of the plaintiffs have committed any criminal acts, or been referred to law enforcement for any criminal act.
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1:15, this should really concern owners. Demain, who has established herself as the sole authority at Wurzbach Tower, has the ability to determine, without board approval, who is eligible to vote in association business or who cannot. Clearly, Demain states she has no duty to inform those who are not eligible to exercise their mandatory membership rights to vote. It should be noted that Demain has never been duly elected to be the President of Wurzbach Tower at a properly called and conducted annual meeting. Demain was hand picked by James Samelson in 2021 (we believe), appointed to the board of directors, appointed as president and re-elected to the board in unlawfully called and conducted annual meetings. The subject of the May 7 lawsuit was to stop another 'paper and absentee' meeting.
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