Sunday, March 20, 2016, 2:00pm Godley Elementary School Cafeteria
Call to order: 2:07 pm
Introduction of Board Members:
Loretta Marable; President, Al Bloom; Treasurer, Allison Cobb; Secretary, Rus Sargent; Director, Robyn Remotigue; Director
Property owner open forum:
Chris Williams and Doris Silva spoke about changing the CCR’s (Conditions, Covenants, Restrictions) to allow chickens and chicken coops. Chris and Doris presented ideas such as allowing 6 hens per acre, no roosters, having the ACC approve the coops, and would not allow chickens any closer than 75 feet from their neighbors house. Chris Williams would like the property owners to contact him if they are interested in having chickens. If you email email@example.com your information will be forwarded to Chris Williams.
Litigation with Acclaim Management and Developers
Litigation started in June 2015. Our court date was scheduled for September 2016 with the 67th District Court, Judge Cosby. The HOA filed a temporary restraining order against Acclaim Management in January 2016. Judge Cosby asked that we all attempt Mediation. The board agreed that we must try to come to a settlement because even though the HOA had a very good case, the bill from our lawyers was becoming very expensive. All parties reached a settlement during the litigation on January 15, 2016. The contract with Acclaim was cancelled and we received our remaining funds held with Acclaim. Those funds were used to pay the lawyers fees.
Property Owners with delinquent accounts:
The CCRs state that property owners will be charged $35 if their account is not paid within 30 days of the due date which is January 1. The late fees have not been charged to those accounts for 2016. As of April 1, 2016 the $35.00 will be charged to all delinquent accounts. All property owners are responsible for paying HOA dues of $350. Either they could have paid them in care of Acclaim Management or our Treasurer, Al Bloom. There is no excuse to not pay the dues. Property owners also need to know that there is an automatic lien on their home if their account is delinquent. You will not be able to sell your home until that delinquent amount is paid in full. The HOA will now pursue to collect on all delinquent accounts. Article 5 in the CCRs state that the delinquent property owner is responsible for all legal fees associated with the collection process. The Board of Directors is currently getting bids from law firms for this legal process.
Outline Board of Directors Responsibilities:
The Board is to enforce the CCR’s and follow the Texas Property Code and HOA Bylaws. The board is responsible for the collection and management of dues. We will not get involved in neighbor disputes unless it deals with the CCR’s. Please contact your neighbor first if you have issues. If your neighbor is violating the CCR’s it is your right to ask the neighbor to fix the problem. If you need help with a violation, send an email to firstname.lastname@example.org and the board will get involved. We would prefer to not receive anonymous letters.
Chickens/Poultry violate CCRs, Property Owners procedures for changing the CCRs (Conditions,Covenants,Restrictions):
An amendment to the CCRs would need to be voted for by 51% of property owners. Before a special election could occur, a petition with 50% of the property owners must be presented to the Board. The special election would be conducted by mailing one ballot per lot and would require 51% of the property owners (in good standing, no delinquent account) to vote for the amendment to the CCRs. If the vote passes then we would submit the information to lawyers to change CCR’s and the effective date would be one year from the change of the CCRs. The Board of Directors do not know what lawyers fee would be to amend the CCR’s. We do know that our CCR’s need to be amended to reflect the Texas legislative changes to the Texas Property code.
Treasurer Report, Al Bloom:
Balance as of 2/29/16 is $51,565.61
This balance does not reflect payments made to Acclaim Management. Some property owners paid their 2016 dues to Acclaim Management Group. The HOA treasurer will require proof of payment made to Acclaim Management with a copy of their cancelled check. Send proof of payment to email@example.com. Delinquent accounts prior to 2016 from Acclaim management’s accounts receivable report total $50,317.31
Secretary Report, Allison Cobb:
Please send your email address to firstname.lastname@example.org if you are not currently receiving HOA emails. We are currently lacking only 15 property owner emails, but if you have a second email address you would like emailed with HOA information, please notify us. According to the Texas Property Code Chapter 209 Sec.209.0051, “It is an owner’s duty to keep an updated e-mail address registered with the property owners’ association under Subsection (e) (2) (b) “.
Architecture Control Committee (ACC) report, Rus Sargent:
Please contact the email@example.com to request a ACC form for any building project. There is a new ACC form that will be provided to you. Please read the Rules and Regulations and request a copy if needed. Include a copy of your property survey plat for any building project and note the placement of the project on that survey. Try to give two weeks for the ACC to review your plans before you plan to start on your project. The ACC is not as concerned about you planting trees and bushes. Examples that need to be approved by ACC: New home plans, garages, remodel of existing house, fences, driveway extensions, patios, pools and pool equipment placement, permanent basketball goals, etc.
Some property owners have expressed their frustration that some properties have buildings that are not in compliance with our HOA rules and regulations in the CCRs. All we can control is what happens now, not what happened in the past. We can’t go back and change what was approved by Acclaim Management or the Developers. Recently, the ACC has rejected 4 plans and asked the property owners to revise because the plans did not meet the CCR guidelines. Please follow the CCR Rules and Regs.
Shelcon Water Report, Robyn Remotigue:
Robyn has been in contact with Thomas Tabor who manages the community water here in Mustang Creek. Currently there are 87 homeowners that have an account with Shelcon community water. If you are a Shelcon customer and plan to build or fill a pool, please contact Thomas at Shelcon. Also, If you see any “water truck” filling their tank from the fire hydrants, take a picture and get a license plate number and then contact a board member immediately. Tarrant county precinct #1 has used our water in the past for road construction and that is no longer allowed. There is no contract for Tarrant county to use the water in our community.
911 Services Report:
Randy Cozart emailed the Tarrant County Fire Marshall, Benbrook Fire Chef, and Tarrant County Sheriff’s Dept and they all responded to him in regards to which agency provides services to our community. Tarrant county pays Cresson Fire Dept to handle fires, Benbrook Fire department handles our EMS, and Tarrant County Sheriff is in charge of law enforcement and emergencies. Additional fire departments from surrounding cities will respond if it is a grass fire emergency.
Establish fees and deadlines for delinquent dues, resale certificates, violation of CCR fees, procedures for collections and associated costs.
Our CCRs state that a $35 delinquent (10% of the current dues $350) fee will be issued if the account is 30 days past due the January 1st due date.
A $25 resale certificate fee was voted on and unanimously passed. This is a fee that will be collected to issue resale certificates in order to sell a property and there will be no transfer fee. Our previous management company had fees of $250 for a resale certificate and $150 for a transfer fee. The Board of Directors chose to get more information from other successful HOA’s before establishing fines for CCR violations.
Establish Landscape committee and goals:
Robyn Remotigue will head up the committee. This committee will be responsible to find contractors or individuals in the community that are willing to mow our front entrance. This committee will also be responsible for organizing planting flowers and any other landscaping and trash pick-up at front entrance. If you would like to join the landscape committee team, please contact firstname.lastname@example.org and your information will be forwarded to Robyn. It was also noted that HWY 1187 is a state highway and TXDOT does mow the sides of the road, but not as frequent as we need and they do not trim around the landscaping. Loretta Marable spoke to TXDOT regarding the signs that builders put out on the side of HWY 1187 on Friday evening and remove on Sunday evening. These signs violate our Texas laws and are not allowed. TXDOT asks that you take a picture of the signs and complete the violation form that is provided on their website with picture attached.
Sprinkler repair for front entrance:
Ron Shelton is in the process of fixing all our front entrance sprinklers. He is volunteering his time and equipment. The sprinklers that have been watering the rocks and weeds will be capped.
Front Entrance Lights:
Ken Billings has helped to fix the entrance lights in the past. The Board of Directors will get bids from electricians to fix/change the lighting at front entrance. Many owners are frustrated at the bright lights blinding them when exiting at night.
The Board will get bids from Fence Companies if we need to replace or fix some areas. The Board will ask Mustang Creek 4 (the homes located on Katie Corral east of the front entrance) to fix their fences.
Mowing Contractor for front entrance and weed control:
The landscape committee will get bids for mowing and weed control. The Board will ask Mustang Creek 4 to contribute funds for mowing.
Hire accountant or purchase HOA software for yearly reports:
The HOA treasurer is researching software products for the HOA record keeping.
MC HOA website development:
Dan Woeber volunteered to help establish our HOA website. This website will be used to help inform property owners of meetings, events, will give access to ACC forms, HOA documents and other general information.
Review and vote on reimbursing expenditures:
Loretta Marable asked to be reimbursed $1000 for legal fees she paid to Jackson, Walker LLP. The fees consisted of compiling the documents for public notice of the election committee, compiling documents for the public notice of the elected Board of Directors and the Bylaws. These documents were filed with the Tarrant County Clerk. The vote was unanimous that Loretta Marable be reimbursed for those legal fees upon receipt of the invoice and her cancelled check.
This was a typo, the Budget is for 2016. The budget was reviewed and a category was added called cash reserves so the budget added up to $66,500 which is the amount of revenue to be collected in the accounts receivable. The Budget was voted on and unanimously approved. Also, the Board stated that all expenditures can be requested for viewing by the property owners.