List of Counts and Violations

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COUNTS AGAINST EACH DEFENDANT

This is a partial text of public document 25-JSC41-00010 which is also available with the Ft. Bend County JP Precinct 4

EFile State LogoCase Number: 25-JSC41-00010
Case Style: KAREN A BLAKEMAN, NADEEM NAIK (Plaintiffs)
vs
Willie Jones, Michael Eugene Ates, PATRICK JOSEPH MEURER, (Defendants)
Providence Community Association (Nominal Defendant)
Case Number: 25-JSC41-00010

Providence Community Association, Inc., (“PCA”) is included as a nominal defendant (Nominal Defendant”) in this matter for the purpose of ensuring the proper enforcement of governance, bylaws, and procedural actions, including the organization and facilitation of meetings, and to ensure compliance with the Court’s judgment. Providence Community Association, Inc. is not being accused of any wrongdoing but is named to facilitate the necessary processes and resolution of the ongoing issues.

Counts Against All Three – Wille Jones, Mike Ates and Patrick Meurer

These counts are for Mike, Willie and Patrick.

  1. Count 1: Blocking Member Participation in Meetings
    1. Violation of Texas Property Code § 209.0051(e): On November 19, 2024, Defendants misrepresented his authority to law enforcement officers, instructing them to exclude PCA members from attending the scheduled board meeting. This action violated the Texas Property Code § 209.0051, which mandates that property owners’ association meetings must be open to the members, allowing them to attend, observe, and participate.
    2. Violation of PCA Bylaws Article VI, Section 3: Article VI, Section 3 of the PCA bylaws requires that meetings be open to the members and that all decisions be made with the full participation of the board members and the membership. Defendants attempt to block members from attending meetings directly contradicts the transparency and participation required by the PCA bylaws.
  2. Count 2: Unauthorized Financial Transactions and Directives
    1. Violation of Texas Property Code § 209.0051(e): Defendants engaged in unauthorized financial transactions, and bypassed proper Board approval for financial decisions, violating the transparency and accountability requirements of Texas Property Code § 209.0051(e).
    2. Breach of PCA Bylaws Article IX, Section 1: Article IX, Section 1 of the PCA bylaws requires that all financial decisions be made with the Board’s approval, including competitive bidding and vendor contracts. Defendants’ actions in bypassing this process resulted in unauthorized financial commitments, exposing the PCA to unnecessary financial risk and potential legal liability.
  3. Count 3: Abuse of Authority
    1. Texas (Abuse of Official Capacity): Misused law enforcement resources for personal gain by instructing officers to act based on false information, violating members’ rights and misusing law enforcement for personal purposes.
  4. Count 5: Misrepresentation to the Community
    1. Violation of Texas Business Organizations Code Chapter 21: Provided false information to the community, undermining trust and violating fiduciary duties, including the Duty of Loyalty and Duty of Good Faith, as set forth in Texas Business Organizations Code Chapter 21.
  5. Count 6: Misuse of HOA Funds or Property
    1. Violation of Texas Property Code § 209.0051(e): Approved or engaged in unauthorized financial actions without proper notice or board approval, in violation of Texas Property Code § 209.0051(e).
    2. Breach of PCA Bylaws Article IX, Section 1: Violated financial protocols by bypassing competitive bidding and other required procedures, as stated in PCA Bylaws Article IX, Section 1.
  6. Count 7: Financial Mismanagement
    1. Violation of TBOC Chapter 21: Breached fiduciary duties by participating in financial decisions that lacked transparency and accountability, causing potential harm to HOA resources under Texas Business Organizations Code Chapter 21.
  7. Count 8: Restricting Member Rights
  8. Count 9: Harassment
    1. Texas (Harassment): Engaged in communications, including texts and emails, that intimidated or threatened board members, violating Texas Law on Harassment.
  9. Count 10: Misrepresentation to a Uniformed Officer
    1. Texas (False Report to a Peace Officer): Falsely claimed to be the President of the HOA to a uniformed officer, commissioning the officer to exclude members from the November 19, 2024 meeting.
  10. Count 11: Commissioning Unauthorized Actions by Law Enforcement
    1. Texas (Abuse of Official Capacity): Instructed a uniformed officer to enforce illegitimate directives based on false representations, violating the rights of association members and misusing law enforcement resources.

Counts Against Willie Jones

  1. Count 1: Self-Appointment and Misrepresentation of Officer Role
    1. Violation of PCA Bylaws: Defendant Willie Jones unilaterally assumed the title of “President” without Board approval or a formal vote. According to Article VIII, Section 6 of the PCA bylaws, a vacancy in the office of the President must be filled by Board appointment during a duly noticed meeting with a quorum present. 
    2. Violation of PCA Bylaws: Defendant Willie Jones unilaterally assumed the title of ” President” without Board appointment. 
    3. Misrepresentation to External Authorities: Defendant Willie Jones misrepresented himself as the President of the PCA in official communications, including written correspondence and to Fort Bend County officials. Such misrepresentation of authority to external parties violates the fiduciary duty of loyalty and duty of care set forth in the Texas Business Organizations Code (TBOC), Chapter 21, and Texas Property Code § 209.0051.
    4. Texas (Online Impersonation): Engaged in electronic communication (emails) falsely claiming to be the President of the HOA, intending to harm, defraud, or intimidate.
    5. Texas (False Report to a Peace Officer): Misrepresented himself as the President of the HOA to a uniformed officer, instructing the officer to exclude members from the November 19, 2024 meeting.
    6. Texas Business Organizations Code (TBOC) Chapter 21: Violated fiduciary duties by falsely claiming Board authority, creating governance conflicts, and undermining trust in the HOA.
  2. Signed Contracts and Approved Invoices not authorized by the Board.

Counts Against Michael Ates

  1. Count 1: Violation of Texas Code – Unauthorized Recording of Oral Communications
    1. Violation of Texas Law: Defendant Michael Ates engaged in the unauthorized recording of private board meetings and conversations without the consent of all parties involved, in violation of Texas law. It prohibits the recording of oral communications unless all parties provide consent.
    2. Breach of PCA’s Confidentiality Standards:
      Defendant Michael Ates violated the PCA bylaws, which protect the confidentiality of executive sessions and certain board discussions. These sessions are considered private, and the unauthorized recording of such discussions constitutes a breach of the PCA’s governance procedures, designed to maintain privacy in internal matters.
    3. Violation of Texas Law – Privacy in Private Organizational Settings: The PCA is a private, non-profit corporation, and as such, its board meetings—whether open or executive sessions—are considered private and are protected by law. Under Texas law, private entities such as the PCA are entitled to confidentiality in their meetings. Defendant Michael Ates, by recording these private sessions without authorization, violated privacy protections under Texas law and Texas Property Code provisions related to HOA governance.
    4. Case Law Precedents:
      1. O’Rourke v. State (1981): The court upheld the expectation of privacy in informal, private organizational settings like HOA meetings, affirming the protection against unauthorized recordings.
      2. Huffman v. State (2015): Reaffirmed that unauthorized recordings of private meetings—such as PCA board discussions—violate privacy laws.
      3. Cantu v. State (1991): Reinforced the privacy expectations for non-public organizational settings, such as board meetings in an HOA.
    5. First Amendment Misuse:
      1. Dawson v. State (2003): Clarified that First Amendment protections do not extend to surreptitious recordings in private settings, specifically in non-governmental organizations like the PCA.
      2. Ramos v. State (2007): Reaffirmed that First Amendment rights do not justify unlawful recording of private communications, including those made during board meetings within an HOA.
  2. Count 2: Self-Appointment and Misrepresentation of Officer Role
    1. Violation of PCA Bylaws: Defendant Michael Ates unilaterally assumed the title of “Vice President” without Board approval or a formal vote. According to Article VIII, Section 6 of the PCA bylaws, a vacancy in the office of the Vice President must be filled by Board appointment during a duly noticed meeting with a quorum present. 
    2. Misrepresentation to External Authorities: Defendant Michael Ates misrepresented himself as the “Vice President” of the PCA in official communications, including written correspondence and to Fort Bend County officials. Such misrepresentation of authority to external parties violates the fiduciary duty of loyalty and duty of care set forth in the Texas Business Organizations Code (TBOC), Chapter 21, and Texas Property Code § 209.0051.
    3. Texas (Online Impersonation): Engaged in electronic communication (emails) falsely claiming to be the “Vice President” of the HOA, intending to harm, defraud, or intimidate.
    4. Texas (False Report to a Peace Officer): Misrepresented himself as the “Vice President” of the HOA to a uniformed officer, instructing the officer to exclude members from the November 19, 2024 meeting.
    5. Texas Business Organizations Code (TBOC) Chapter 21: Violated fiduciary duties by falsely claiming Board authority, creating governance conflicts, and undermining trust in the HOA.
  1. Count 3: Misrepresentation to a Uniformed Officer
    1. Texas (False Report to a Peace Officer): Falsely claimed to be the Vice President of the HOA to a uniformed officer, commissioning the officer to exclude members from the November 19, 2024 meeting.
  2. Count 4: Called for a Locksmith to change the code on the lock of the Clubhouse Door and told them to bill the PCA.  This was action not authorized by the Board.

Counts Against Defendant Patrick Meurer

  1. Count 1: Self-Appointment and Misrepresentation of Officer Role
    1. Violation of PCA Bylaws: Defendant Patrick Meurer unilaterally assumed the title of “Director” without Board appointment. According to Article VIII, Section 6 of the PCA bylaws, a vacancy on the Board must be filled by Board nomination and approval during a duly noticed meeting with a quorum present. 
    2. Misrepresentation to External Authorities: Defendant Patrick Meurer misrepresented himself as the “Director” of the PCA in official communications, including written correspondence and to Fort Bend County officials. Such misrepresentation of authority to external parties violates the fiduciary duty of loyalty and duty of care set forth in the Texas Business Organizations Code (TBOC), Chapter 21, and Texas Property Code § 209.0051.
    3. Texas (Online Impersonation): Engaged in electronic communication (emails) falsely claiming to be the “Director” of the HOA, intending to harm, defraud, or intimidate.
    4. Texas (False Report to a Peace Officer): Misrepresented himself as the “Director” of the HOA to a uniformed officer, instructing the officer to exclude members from the November 19, 2024 meeting.
    5. Texas Business Organizations Code (TBOC) Chapter 21: Violated fiduciary duties by falsely claiming Board authority, creating governance conflicts, and undermining trust in the HOA.
  2. Count 2: Misrepresentation to a Uniformed Officer
    Texas (False Report to a Peace Officer): Falsely claimed to be the “Director” of the HOA to a uniformed officer, commissioning the officer to exclude members from the November 19, 2024 meeting.