Breach of Fiduciary Duty, Conspiracy and More
As a licensed Texas Realtor for many decades these are things Ms. Martin must have been abundantly aware of. https://www.trec.texas.gov/agency-information/rules-and-laws/trec-rules
Third Amended Petition
The Petition has been amended. David Bertino has been non-suited and JOHANN and MICHAEL MAIR have been added. The Mair's appear to be business partners with Dana Martin. This lawsuit is about redress for financial and other misconduct by local elected officials and about restoring honesty, integrity and accountability to the Board of the Windermere Oaks Water Supply Corporation.
This lawsuit is based on WOWSC board members willful neglect of their fiduciary duties, specifically their neglect in obtaining the highest value for our assets to pay down debt, The board should be looking out for the best interest of the water system and the members instead of looking out for their own personal financial gains and their fellow board members personal financial gains.
See Appraisal Page for appraisal amounts.
Pleadings are located at the bottom this page
Legal Fees
Directors and Officer (D&O) insurance denied all claims to cover litigation fees for the Texas Open Meetings violation lawsuit and the current lawsuit regarding Fiduciary Duties. The D&O insurance firm deemed the claims as "alleged willful violation of state law by board members", and therefore denied all claims.
WE the members are having to pay for the board members litigation cost. The sworn statements of the board members below are required by law since D&O denied the claim. If they do not prevail in the lawsuit every director that signed this sworn statement MUST pay the WSC back for ALL the money they used in legal expenses they borrowed from US!