We, James and Jenny Basham, are not after the POA for money, not even to pay our out of pocket costs associated with filing this lawsuit. We are simply advocating for transparency not only for ourselves but for every single property owner in our community. We are not attacking or accusing anyone of any wrongdoing, nor are we devaluing any time or efforts of anyone, past or present, who has genuinely attempted to make the POA better. However, the POA is a legal entity in the state of Texas and it must adhere to the Texas Property Code as a POA and the Business Organizations Code as a non-profit organization. What person on or involved in a POA wouldn't want it to be better? Who wouldn't want there to be transparency to the community? Why would anyone involved with the POA try so hard to keep us from advocating for these things?
Every single property owner has the right to access the books and records of their Property Owners Association.
CHAPTER 209. of the TEXAS RESIDENTIAL PROPERTY OWNERS PROTECTION ACT https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm#209.005
The below updates are provided with the most recent update on top. Anything underlined is a hyperlink to a document.
Questions, comments or concerns may be emailed to us at basham4rollinghillsowners@gmail.com.
Thank you for your support of our efforts.
James and Jenny Basham
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11/06/2025 1:30pm
Hearing date for the Judge to hear our Motion to Show Authority
846 6th Street #1
Hempstead, TX 77445
***Hearings are open to the public.***
10/21/2025
We received a ruling on the Second Motion for Continuance. The judge (a different judge now) approved a 2 week continuance but not a 30 day continuance so we're glad about that.
10/01/2025
We filed an Objection to Second Motion for Continuation.
09/29/2025
The attorney representing the POA filed a Second Motion for Continuance to postpone, which is basically a request to postpone the 10/23/2025 hearing another 30 days due to a trial conflict he has that day.
09/16/2025
Jenny arrived to the court on time to question the Order and confirm the reset date. I was provided copies of the opposing attorney's Motion to the court along with the Exhibits, which included medical records and doctor notes. While we sympathize with the attorney's medical condition, which has to do with his eyes, he was advised on 09/02 not to drive so the last minute Motion for a Continuance filed with the court on 09/15 was not well-planned and disrespectful to the process, nor did it follow the Court's rules. But, it's done and we move forward.
Copies of his Motion and enclosed exhibits will not be made public by us due to their confidentiality in nature.
09/15/2025
3:06pm We received an email from the Court with a copy of an Order from the Judge rescheduling the hearing. We immediately responded via email and via phone questioning this Order.
4:23pm We filed an Objection with the court as fast we could, which should have been done when the attorney filed the motion for a continuance before a Judge approved it; however, we were never notified of his request to the court, which is required by the filing party. At this time, we do not know whether the hearing will take place on 09/16 or not. We're waiting for the Court to acknowledge our Objection.
08/12/2025
Jenny called the court to get an update and unfortunately learned that we should have emailed the court specifically requesting a hearing date to rule on the Motion. The efiling of the Motion alone did not get the ball rolling on setting a hearing date. Email sent and lesson learned!
07/21/2025
We filed a Motion to Show Authority. This means the attorney acting on behalf of the POA must prove he has the authority to do so. The hearing cannot take place until after 10 business days from today.
07/16/2025
An attorney efiled an Answer on behalf of the POA.
07/01/2025
The Registered Agent of the POA, Trina Smart, resigned. Attached is a confirmation from the State that Trina Smart was the Registered Agent for the POA. We paid for this Certificate of Fact when we were doing our fact finding ahead of the June 1st meeting. Attached is a screenshot from the Secretary of State's website showing the resignation filing. There is not a document to view, only a history of the filing. A new Registered Agent has not been filed with the State as of 08/13/2025, which is when I discovered the resignation filing.
06/25/2025
We filed our petition with the court. I know it's long but I encourage you to read it. We welcome any and all questions to help you understand any details.
06/24/2025
We submitted a written notice of our intent to file suit as a result of the POA's failure to respond to our request for copies and access to records.
Fun fact! The Registered Agent of the POA refused delivery of our letter.
06/03/2025
We submitted a written request for copies of and access to the POA records. The POA had 10 business days to respond, which they did not. Proof of receipt was received.