BANNED OR NOT: Mowery Announces Candidacy For POHOA Director

On January 25, 2023, I submitted my resignation at the Special Meeting which was called to consider my removal. According to the POHOA Bylaws, the resignation is immediate. There is no process to refuse accept it, yet that is what President Ballweber proceeded to do at the meeting – and then hold a vote for removal in a failed attempt to apply a 3-year ban on someone who is removed with a Bylaw voted upon earlier in the meeting.

There is no question I resigned at the meeting. The attempt to refuse to accept the resignation is inherently contradictory with the Bylaws, therefore, improper and invalid.

The Bylaws were not changed until a vote by the POHOA Board held on February 2, 2023. It does not include retroactive application on Directors removed prior to that date.

In spite of the inconvenient facts that President Ballweber ignored privileged motions at the January 25 Special Meeting, ignored the Bylaws regarding resignation of Directors, and allowed a vote to proceed, the Board chose to send out a communication in February of 2023 that implied that the vote held on January 25 to remove me and therefore ban me was valid.

I have written to the Board to have this cleared up, and the Board has chosen to ignore those requests.

Today I have notified the POHOA Board that I intend to be a self-nominated candidate for the POHOA Board at the December 5, 2023 Annual Homeowner’s Meeting. There are two open seats, as my resignation opened one, and Dr. Tunna’s resignation in August opened the other. After communicating with Dr. Tunna, it is my understanding that he remains interested in serving future, but not with the current other Directors at this time.

It is important to note that I discussed this matter with Dr. Tunna while he was a director. He told me:

• The Bylaws are clear, and there should not have been a vote
• The Board’s 2/3/23 email only reports what happened at the meeting, not an endorsement by the Board or action by the Board
• The POHOA Board has never sent me any direct communication that the new Bylaw (banning someone for 3 years) is being applied to me, therefore, an indicator no Board action has been taken
• The date of the Bylaw’s activation is the AWAM after the meeting, with no retroactive powers
• In his opinion, I am not banned and eligible for new candidacy for open seats

Since there are no other candidates who have emerged that represent the issues or matters that I share with Dr. Tunna, this leaves me with no other option than to offer myself again in service in this role. I would gladly step aside if any other candidates emerge that represent the same points of view. Given the numerous problems with the current Board’s governance, a distinct lack of representation of other points of view is loud call for someone to step up.

I gave notice to the Board today about my candidacy, their need to clear up the matter about my earlier resignation, and to address whether or not they consider me banned. I expect to be given equal time at the meeting as other candidates when all is said and done.

Since I cannot get a direct response after inquiring by email, I could raise this issue at the next Regular POHOA Board Meeting on 11/14/23 during New Business. Of course, by that time, the notice for the 12/5 meeting will have already been sent.