Posted July 10, 2008     

 

To Terlingua Ranch property owners:

It was mistakenly reported by POATRI on June 10, 2008 that Ms. Kathleen O’Keefe, a former member of the Property Owners Association of Terlingua Ranch, Inc. (“POATRI”) Board of Directors (“BOD”) sent out an email using “POATRI News” as the sender. It has now come to the attention of the Board this statement appears to be incorrect. Accordingly, POATRI apologizes to Ms. O’Keefe for this error. POATRI has received an email from Mr. David Hair wherein he makes reference to “... the email name I chose.” Apparently, Mr. Hair owns the email account. Ironically, Mr. Hair appears to have sent out an email from “Concerned Property Owners of Terlingua Ranch” when he is NOT currently listed in POATRI’s records as an owner of any Terlingua Ranch property. Further, a search of the Brewster County property records did not disclose that Mr. Hair even owns property in Brewster County. This use of the name POATRI by Mr. Hair was not authorized and appears to be in direct violation of POATRI’s trademark and other intellectual property rights. 

Although Ms. O’Keefe apparently did not send out the email from “POATRI News”, it does appear from the content of the message that Ms. O’Keefe had knowledge it would be sent out in such a manner. As previously stated, Ms. O’Keefe, as a former Director, unquestionably should have known no one other than POATRI is authorized to use the POATRI name without the express written authorization from POATRI when such use could cause confusion amongst the recipients of the message. At a minimum, Ms. O’Keefe appears to have been complicit in the use of the name “POATRI” in such a manner so it would appear to be an official POATRI announcement. 

POATRI acknowledges receipt of communications from several property owners wherein they state their opinions regarding the “POATRI News” issue. POATRI welcomes and appreciates input from all property owners. However, as Directors charged with the responsibility of managing the affairs and assets of POATRI, the BOD will act to protect POATRI’s assets utilizing the Board’s collective best judgment based on all available information at the time the decision is made.

The senders’ address (ie; POATRI News) has caused confusion amongst the Membership as it appears was the intent. Please note that Mr. Hair’s email using “POATRI” in the sender’s address is NOT an authorized use of the name POATRI; Mr. Hair and Ms. O’Keefe do NOT speak on behalf of POATRI; and Mr. Hair’s act in sending this email was NOT authorized by POATRI. The intent in using POATRI in the sender’s email address appears to be a conscious disregard of POATRI’s intellectual property rights and would appear to be intended to cause confusion amongst the Membership as they exercise the right to vote on the proposed TRMA. One can only speculate as to what Mr. Hair’s and Ms. O’Keefe’s motives may be, but whatever they may be, Mr. Hair and Ms. O’Keefe are not authorized to utilize the name POATRI in communications where such use could cause confusion amongst the recipients of the message, who are presumably Members of POATRI. 

The BOD is currently consulting with legal counsel to ascertain appropriate legal action against Mr. Hair and Ms. O’Keefe for the improper use of the name POATRI. POATRI will aggressively protect its intellectual property rights. 

Should POATRI pursue legal action against Mr. Hair, Ms. O’Keefe and perhaps others, the goal would not be to prevent them or others from exercising rights as a citizen and as a POATRI member [except for Mr. Hair who is NOT a current property owner] to voice opinion on the pending election. Rather, it is the unauthorized use of POATRI’s intellectual property rights which POATRI will act to protect.

Should you have any questions regarding the pending election of approval/disapproval of the proposed TRMA or on the issue of “POATRI News”, you are encouraged to communicate with any of the Directors or the General Manager.   Contact information is listed below:

Elizabeth (Liz) Demetri – President        edemetri@msn.com                            214-485-2580

James T. (Tom) Durham – Secretary     jdurham@gtcom.net                           850-670-5951

 

 

 

 

 

 

 

 

 

 

 

 

 

The Voters List has been created and is available for review at the POATRI Offices. A list of all POATRI Accounts eligible to vote in the upcoming election is posted at this link:  Accounts List.

 

 

 

May 24, 2008 – last day to make 2008 assessment payment to retain Good Standing status. A quarterly payment of $37.12 is the minimum payment necessary. Payment must be received in the POATRI office no later than 5:00 pm, Saturday, May 24^th.

 

May 25, 2008 – TRMA Election Voters List created under the new Election Procedure guidelines. A printed copy of the Voters List will be available at the Ranch office for review. A list of the names of eligible voters for this election will be posted on the owner web site, www.poatri.org.

 

June 3, 2008 – TRMA Election packet mailed to all eligible voters. Be sure the Ranch office has your correct mailing address so you can participate. If your name is on the posted eligible voters list and you do not receive a ballot, contact the POATRI office at opsmgr@terlinguaranch.com.

 

July 23, 2008 – Election date closing. Results of the election to be announced at the July 26^th Board of Directors meeting.

 

 

 

 

Property Owners Association of Terlingua Ranch, Inc.