Ly, ~* cause no, O- 01585 bee “Ze &y VALLEY RANCH RESIDENTIAL § IN THE, istpfen.cObREOF ASSOCIATION, INC. § Rp Nia Tog, Te g § pag Bigg 88 v. § DALLAS COUNT, PREAS® § on, 8 VALLEY RANCH MASTER § up, ASSOCIATION, INC., and its § BOARD OF DIRECTORS and RICK § yg3r-L, STOPFER § - § JUDICIAL DISTRICT PLAINTIFF’S ORIGINAL PETITION ‘TO THE HONORABLE COURT: COMES NOW, Valley Ranch Residential Association, Inc. (“Plaintiff” or “Residents”, Plaintiff in the above-styled and numbered cause, complaining of Defendants Valley Ranch Master Association, Inc. (“Master Association”), its Board of Directors (“Master Board"), and Rick Stopfer, individually (“Stopfer”) (collectively “Defendants”) and would respectfully show the Court the following: 1 DISCOVERY PLAN 1.1 Plaintiff will conduct discovery in accordance with Texas Rules of Civil Procedure Rule 190.3 (Level 2). Th PARTIES 2.1 Plaintiff Valley Ranch Residential Association, Inc. is a residential homeowners’ association and a non-profit Texas corporation with its principal place of operation in Irving, Dallas County, Texas. PLAINTIFF'S ORIGINAL PI2.2 — Defendant Valley Ranch Master Association, Inc. is a Texas corporation with its principal place of operation in Irving, Dallas County, Texas and may be served with process through its registered agent, Capital Consultants Management Corp., 2301 W. Plano Parkway, Suite 100, Plano, Texas 75075. 23 Defendant Board of Directors is responsible for managing the affairs of the 10 Master Association and may be served with process through its registered agent, Capital Consultants Management Corp., 2301 W. Plano Parkway, Suite 100, Plano, Texas 75075. 2.4 — Stopfer is an individual residing in Irving, Dallas County, Texas. Stopfer may be served with process at 9624 Santa Fe Circle, Irving, Texas 75063, or wherever he may be found. il. VENUE 3.1 Venue is proper in Dallas County, Texas pursuant to the Texas Civil Practice and Remedies Code § 15.002 because all or a substantial part of the events or omissions giving rise to this cause of action occurred in Dallas County, and because the Defendants reside in Dallas County. VW. FACTUAL BACKGROUND 41 The Valley Ranch Master Association serves the Valley Ranch area of Irving, Texas. The Master Association consists of: (1) the Valley Ranch Residential Association, Inc. (members of which are owners of residential property in Valley Ranch); and (2) the Valley Ranch Commercial Association, Inc. (the members of which are owners of commercial property in Valley Ranch). The affairs of the Master Association are govemed by the Master Board, and the authority of the Master Association and the Master Board are bound by the Master PLAINTIFF'S ORIGINAL PETITIO’ w et uf | el wealDeclaration of Covenants, Conditions, and Restrictions (CC&Rs), which have been recorded among the Dallas County Deed Records. 42 The affairs of the Valley Ranch Residential Association are govemed by the Valley Ranch Residential Association Board of Directors (“Residential Board”). ‘The affairs of the Valley Ranch Commercial Association are governed by the Valley Ranch Commercial Board of Directors (“Commercial Board”). The Residential Board and the Commercial Board both elect delegates, on an annual basis, to serve on the Master Board, as provided for in the CC&Rs, to direct the affairs of the Master Association. 43 The CC&Rs for the Master Association provide for a representation structure on. the Master Board consisting of three (3) delegates elected by the Residential Board and two (2) delegates elected by the Commercial Board, In particular, Section 3.03 of the CC&Rs provides as follows: Section 3.03. Voting Rights. The Members of the Master Association shall be represented before the Master Association by Delegates, three (3) of which shall be elected by the Board of Directors of the Residential Association and two (2) of which shall be elected by the Board of Directors of the Commercial Association, The Members shall have no voting rights with respect to matters before the Master Association all such rights being vested in the Delegates. Each of the Delegates shall have ‘one (1) vote. 44 — This Section of the CC&Rs was made effective as of March 15, 2001, by and through the Seventh Amendment thereto, which was signed and certified by Rick Stopfer, Joel Kimmel, Doug Nash, and Jeff Crotzer, as Delegates to the Master Board. The Seventh Amendment and this Section of the CC&Rs were filed in the Deed Records of Dallas County, Texas, and the Master Board operated under this five member arrangement, without complaint, for over seven years. A true and correct copy of this Section of the CC&Rs as filed with the PLAINTIFF'S ORIGINAL PETITION - Page 3