Board Members Present:
Isaac Otero, Ernesto Garza,
Barbara Michlowitz, Jerry Smith, Don Garrido, Pat Kingshott, Bill Beverly,
Chris Myers (Management
representative), Tom Newton, Jr. (HOA lawyer), San Antonio Police Officer
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.
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.
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.
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).
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
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.
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
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
National Night Out – got
Death of Angie Sheldon –
Need new block captain for
Kerry Ano – newsletter
attends all board meetings
– Don Garrido, Ernesto Garza &
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
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:
Mary MacDougall (in
absentia read by Lih-Lan Hu)
Tim Parker (in absentia by
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.
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
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
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
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.