Hello Auburn Lake Trails neighbors.

Pursuant to Article 5 (d) of the Auburn Lake Trails By-Laws, a vacancy of a seat on the board of directors is created at the conclusion of a successful recall vote.

Tawni Altom and Laurie Page have been successfully recalled and therefore are no longer members of the board of directors. 

Tawni and Laurie have refused to leave the board of directors and in an email to the community, they gave the following flawed explanation:

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Tawni Altom and Laurie Page are removed from their Directorships and Ron Clark is not removed from his Directorship.  (Bylaws, Article VII, Section 5(d))

Until their replacements are elected by the Members, the removed Directors remain in their positions.  (Bylaws, Article VII, Section 2 (“Each director, including a director elected to fill a vacancy or elected at a special meeting of Members, shall hold office until the expiration of the term for which elected and until a successor has been elected and qualified.”)
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Their explanation that they stay in their director seats is FALSE. According to the Davis Stirling Act, an election process to fill the “vacant seat(s)” is to begin as soon as the “vacancy” from recall is created. If a recalled member stays on the board after they have been recalled, there is no vacancy and therefore the process for moving forward with a special election would not be allowed to begin.

Both the Davis Sterling Act and the ALT bylaws make clear that the recall of a board member creates a vacancy on the board, not just an eventual change in directorship after a special election. The vacancy comes first, then an election to fill said vacancy.

Tawni and Laurie are grasping at straws to keep their seats, so much so, that they underlined the last portion of Article VII Section 2 (until a successor has been elected and qualified) to make people believe that they don’t leave until there’s an elected successor. What they wanted people to ignore was the part of Article VII Section 2 that proves that Section 2 does not apply to recalled directorships (Each director, including a director elected to fill a vacancy or elected at a special meeting of Members, shall hold office until the expiration of the term for which elected and…) This part PROVES that it does not apply to recalled directors because if recalled members are allowed to stay in their seats until the end of their terms, recalls would not exist in our bylaws at all.

Article VII Section 2 does not apply to recalled directors, but Article VII Section 5 (d) DOES. Here is the actual wording of the section that they conveniently left out of their email:

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(d) Authority of Members To Remove Directors.

 Except as otherwise provided in subparagraph (d) above, a director may only be removed from office prior to expiration of his term by the affirmative vote of a majority of the votes of Members represented and voting at a duly held meeting at which a quorum is present (which affirmative votes also constitute a majority of the required quorum) or by written ballot in conformity with Article IV, Section 6 hereof.
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The underlined portion of Article VII Section 5 (d) makes it clear that A BOARD MEMBER IS REMOVED BEFORE THE END OF THEIR TERM WHEN RECALLED, and if that is true, which it is, then that means Article VII Section 2 DOES NOT apply to recalled directors because said section states that directors remain in their positions until the end of their term “AND” successors have been chosen to fill their seats. 

It’s clear that Article VII Section 2 is only referring to the term of a director in general and has nothing to do with recalled directors.

Tawni and Laurie are continuing their pattern of dishonor toward the community, a lack of integrity, and poor moral compass in this latest attempt to keep power for themselves. At the very least, if we give them the benefit of the doubt, they don’t understand the bylaws, and if that is so, they are grossly incompetent for the job. We cannot have these kinds of people on a board of directors for our community and we will continue to fight for the rights of our community against this corruption. 

MANY of us are ready to take legal action and have created this Gofundme account to raise funds to legally compel them to leave their seats as required. We will immediately seek a temporary restraining order to stop them from participating in meetings.

Any financial assistance is appreciated. Some of our concerned neighbors have already spent thousands of their own dollars to get us this far, while the board used ALT funds to fight the recall.

We need your help. Any contribution to our goal is appreciated and will have an immediate effect on the removal of these 2 board members who erroneously refuse to vacate their positions as required by our bylaws.

Thank you,
Your Concerned ALT Neighbors in favor of the RECALL to REMOVE these board members.