SRHOA Annual meeting 3/10/04                     Back

Board Members Present:

Isaac Otero, Ernesto Garza, Barbara Michlowitz, Jerry Smith, Don Garrido, Pat Kingshott, Bill Beverly,  

Others Present:

Chris Myers (Management representative), Tom Newton, Jr. (HOA lawyer), San Antonio Police Officer Mercado (ID#1316) 

One of the Shavano Ridge homeowners brought along a video camera to record the meeting; this recording was to be a means of insuring that details of the events would not be lost due to failed memories as has happened in the past. As the homeowner was setting up her camera, the association’s Lawyer ordered her to remove it. The homeowner said it was a public meeting and that she had every right to record. The lawyer said the meeting was not a public but closed. The homeowner asked for verification of this statement, which the lawyer refused to give. He would only say if the video camera was not removed he would have her removed.  A few other homeowners came to her defense and which the lawyer immediately threatened to have arrested. These homeowners made complaints to the police officer of intimidation and inappropriate behavior on the part of the lawyer but the officer said he did not see it.  The camera was packed up and put in the school office.  

Note: At the June 8th Shavano Ridge Board meeting several homeowners ask the Board for confirmation of this rule (either in our By-Laws of Texas state law) against recording board meetings. As it turned out, the attorney for the Board was apparently not being honest with the homeowners—there is no such law. The Board finally admitted it was actually their own policy not to allow any record to be made of their actions.   

The acting president called the meeting to order at 6:45 pm. 

Note: After the meeting, several homeowners said that they thought the Board, in an attempt to reduce the time available to discuss topics not included in their own agenda, was attempting to deliberately waste time by providing only one homeowners sign in desk when, in the past, three had always been provided.   

One homeowner asked why the policeman was present. The president said that the measure was taken to ensure safety the safety of the board. The homeowner then asked who had called the police.  Every member of the board eventually said that they had called the police. Another homeowner said that he called the police because his wife (a board member) had been threatened. 

Note: Having a policeman attend a homeowner’s meeting is a very common ploy among some boards of directors to maintain control of the meeting by using the presence of the policeman to intimidate the homeowners.  

The acting president, Pat Kingshott, informed the audience that Ron Wong resigned as president on February 10. Then, she introduced the other members of the board:  Don Pyka (yard of the month), Bill Beverley (ACC, COP, website), Don Garrido (ACC), Jerry Smith (Grounds), Barbara Michlowitz (previous board member), Ernesto Garza (treasurer, ACC), Isaac Otero. Others introduced included Kerry Ano (newsletter), Tim & Debbie Parker (holiday committee, DP block captain), John & Judy Hood (welcome packet), Chris Myles (Association Rep), Tom Newton (Legal counsel for Association). 

The management representative gave proof of notice that the homeowners of Shavano Ridge had been notified of the general meeting. 

Minutes reviewed of the last general meeting (March 4th 2003) were reviewed. A homeowner said the minutes were inaccurate because two homeowners were not allowed to speak before the meeting was adjourned. However, one of those homeowners indicated that they said all they had to say. The vice president explained that there was very limited time to speak at the meeting. 

The President’s Report

The President’s report was given and included a brief history of Shavano Ridge and the 63 lots being developed by Gordon Hartman homes.  Current issues are fencing, rot on homes, trees growing and barking dogs. All issues have been resolved, two are still being worked on with a commitment to meet and work with the residents.  Referring to the 2000 Strategic Plan – all goals have been completed. They included, repairs to the rock wall, improvements to the front entrance, three-year project plan on electrical upgrades.  There was discussion about Phase 2 and 3 of landscape. 

Treasurer’s Report

The interest on our certificates of deposit (CDs) has never been touched, and is being reserved for work on the fences.

We have a new maintenance contract with Riosas landscaping.

The treasurer went through the budget.  A homeowner asked for a detailed break down of all the $2693 in legal costs. It was stated that the management company has those records. Some legal costs were incurred in the negotiations with Gordon Hartman Homes, and other costs were for attorney fees for late/unpaid dues. 

Another homeowner suggested appending the details of legal costs to the meeting minutes. It was agreed that this information would be provided in the next issue of Out on the Ridge

When, in continuing to read through the budget, the treasurer mentioned the contribution to the Community Associations Institute (CAI), a homeowner ask what the CAI was for and if it was a lobbying group. Another homeowner then followed up by asking for a description of the CAI. The president recommended that the homeowners visit the national CAI website at CAIonline.org, or the local website at CAISA.org.  

A third homeowner asked if the membership dues included training fees. The president said they did not. The association pays an additional $50/person.

At this point, a homeowner asked to move on to discuss the budget. Another homeowner requested her motion be deleted. The president called for order. Another homeowner proposed a motion to move on with business and withhold comments and discussion to the end. Two other homeowners wanted to amend that motion and continue with the current discussion. The president decided not to hear them and moved on with the meeting.

A homeowner asked how many dues are unpaid. The management representative said that it was not a serious problem here with only about 8 outstanding dues. 

A homeowner then proposed a motion that detailed description of the items questioned in the budget, namely legal costs and CAI membership be sent out to all home owners.  The motion was seconded. The management representative said that it would be on the Shavano Ridge website and in the next issue of Out on the Ridge. The president said they would discuss the method of distribution at the April board meeting and promised to get the information out to everyone by the end of April. 

Committee Reports: 

Neighborhood watch

National Night Out – got award again

Death of Angie Sheldon – Shavano Wind

Need new block captain for Ridge Farm   

Kerry Ano – newsletter attends all board meetings

 

ACC – Don Garrido, Ernesto Garza & Bill Beverly

44 applications

43 approved

1 disapproved

 

Grounds Maintenance:  Board member Jerry Smith has been active with City Council in discussing the addition of a left turn signal light at the exit and entry of SR. So far, nothing has been decided.

Speed bumps were discussed but it was determined that we don’t have enough traffic to warrant them. You should have at least 500 cars a day.

The Denton Corp. donated land to the city, which will be developed into a park. It will be behind Shavano Ridge between the railroad tracks and Shavano Bend. A bike path will be included. A question was asked about where the entrance of this park would be. At that moment, Jerry didn’t know the answer. 

A homeowner proposed a motion to change the By Laws so that all complaints are documented. It was seconded.  Another homeowner said that she did not want to be identified if she complained. A third homeowner said that he would have appreciated a phone call instead of a letter of complaint about a barking dog he didn’t have. The management representative said the management company couldn’t make phone calls because of legal requirements of documentation. A fourth homeowner said that illustrated a case for documentation.  

There was a vote (show of hands) to table the motion until after the election: 39 for, 17 against. The motion was tabled. 

Nominations for elections spoke in the following order:

David Crockett

Greg Larson

Mary MacDougall (in absentia read by Lih-Lan Hu)

Isaac Otero

Tim Parker (in absentia by Pat Kingshott)

 

The vote was taken.

 

Lawyer, Tom Newton addressed audience to say that if a complainant is identified it permits the complainant to be brought into court for deposition if compelled to or subpoenaed. 

A homeowner said that people should attend board meetings before complaining in public.    

A board member said that the board represents the association and has democratic meetings; they are not secret.  The whole board sits down and discusses covenant violations. 

The management representative asked for a show of hands  with regard to the homeowner’s motion that complaints should be written, signed, dated, and then submitted by to the management office or e-mailed. The president then said that a By Law change couldn’t be by a show of hands because it was one vote per house. Cards were passed out and homeowners were instructed to vote “Yes” or “No” with name, address, and number of proxies held.  Ballots were collected while the Board election results were being counted.  

Note: The board of directors had collected numerous proxies from disinterested homeowners as well as 16 proxies from Gordon Hartman Homes, which made the developer the single most influential entity at the March 2004 general meeting of homeowners. 

A homeowner asked that a discussion of new fencing materials be added to the April board meeting agenda. 

The president said that the history of Shavano Ridge and her president’s report would be in the next newsletter. 

Towards the end of the meeting, the vote results were announced. The new Board members are Greg Larson, Isaac Otero and Tim Parker. 

Meeting adjourned around 8:45 pm.

 

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