Mike Ates – List of Violations – Providence Community Association Builder

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Texas (Online Impersonation):
Engaged in electronic communication to falsely present himself as a legitimate board member, with intent to harm, defraud, intimidate, or threaten.
Texas (Harassment):
Engaged in threatening or intimidating communications, including emails, targeting board members or homeowners.
Texas Business Organizations Code (TBOC) Chapter 21 & Common Law:
Acted outside authorized powers, violating the Duty of Loyalty by misrepresenting his role and creating conflicts of interest.

Texas (False Report to a Peace Officer):
Provided false information to a uniformed officer by misrepresenting himself as the Vice President of the HOA.
Texas (Tampering with a Governmental Record):
Commissioned an officer under false pretenses to act against association members and enforce an illegitimate directive.

Texas Property Code § 209.0051(e):
Interfered with the right of members to attend the November 19, 2024, meeting, violating open meeting requirements.
PCA Bylaws Article VI, Section 3:
Used misrepresentation to prevent members from participating in scheduled meetings, a breach of governance standards.

Texas Property Code § 209.0051:
Participated in unauthorized board meetings or actions without proper quorum or notice.
PCA Bylaws Article IX, Section 1:
Engaged in financial or operational decisions without competitive bidding or due process as required by the bylaws.

Texas (Unauthorized Recording of Oral Communications):
Recorded private board meetings or conversations without consent, violating privacy protections under Texas law.
Cited Case Law:
- O’Rourke v. State (1981): Established expectation of privacy in informal private settings.
- Huffman v. State (2015): Affirmed that unauthorized recordings of private meetings violate privacy laws.
- Cantu v. State (1991): Reinforced the expectation of privacy in non-public organizational settings.

Texas Case Law:
- Dawson v. State (2003): Ruled that First Amendment protections do not extend to surreptitious recordings in private settings.
- Ramos v. State (2007): Confirmed that free speech rights do not justify unlawful recording of private communications.

Texas Property Code § 209.0051(e):
Participated in or approved financial transactions without proper notice, quorum, or competitive bidding.
PCA Bylaws Article IX, Section 1:
Breached bylaws by engaging in financial decisions without following the required procedures.
TBOC Chapter 21 & Common Law:
Violated the Duty of Care through financial mismanagement and unauthorized expenditures.

TBOC Chapter 21 & Common Law:
Unauthorized access to or misuse of HOA funds, constituting a breach of fiduciary duties, including the Duty of Loyalty and Duty of Care.

Texas Property Code § 209.0051:
Participated in actions that excluded other board members and homeowners from meetings, violating transparency and open governance requirements.
TBOC Chapter 21 & Common Law:
Breached the Duty of Loyalty by denying equal participation and misrepresenting decisions as legitimate.

TBOC Chapter 21 & Common Law:
Provided misleading information to the community, violating the Duty of Good Faith and the Duty of Loyalty.

Texas Property Code § 209.0051(e):
Prevented members from attending a duly scheduled meeting on November 19, 2024, by commissioning a uniformed officer under false pretenses.
PCA Bylaws Article VI, Section 3:
Violated bylaws by actively interfering with member participation.
Texas (Abuse of Official Capacity):
Misused law enforcement resources for personal or illegitimate purposes, causing harm to association members’ rights.

Claims for breach of fiduciary duty, misrepresentation, and negligence.
Potential restitution for damages caused by procedural violations or financial mismanagement.

False Representation: Charges under for misrepresentation to a peace officer.
Unauthorized Recordings: Charges under for recording private communications.
Harassment: Charges under for intimidating communications.