DO YOU BELIEVE?

In the past it’s been said that the tone of this blog can be a little sarcastic. I don’t know why anyone would think that. The author try’s hard to keep the information as factual as possible, and only resorts to humor and sarcasms when nothing else seems to work.

So – let’s get a little sarcastic. On November 6th, 2009 a group of fine neighbors sent a letter requesting financial information for 2008 and 2009 to our illustrious board president Doug Parker. This request was sent under the provisions of the Public Information Act, and requested the information and supporting documents be made available for inspection.

Under the Act, the board had ten (10) days to respond. Guess what – nothing happened and no documents were made available. Then at the December 10th meeting, someone questioned the board as to when the request would be honored. The fine attorney representing the board indicated that there was a lot of information involved, and that a CD would be made available with the information requested. To date that has also not happened.

Now a quick review of what’s transpired:

1. The board failed to respond in a timely fashion (10 days).

2. The attorney, almost 34 days later indicated that the information was going to be provided in a manner that was not as requested.

3. Thirteen days later NOTHING has been provided.

And a few folks wonder why we get sarcastic and don’t trust our board. I think that it’s quite evident that they have not earned our trust. What are they hiding? What do they feel the need to conceal? Why don’t they just leave?

And finally – why haven’t the folks who made the request gone a step further? A meeting with the Fort Bend District Attorney might be in order. Or if that fails, a Writ of Mandamus might be the solution. How about a group of Meadowcreek neighbors getting together and putting some dollars into a legal fund and forcing the board to come clean.

THEY NEVER QUIT

By now you have probably received an invoice for the annual Assessment. Please make note of the due dates. The invoice probably indicates that late accounts will be turned over to the attorney on March 01, 2010 for collection and MAY include late fees, attorneys fees, and other collection costs. Honesty would have dictated that the wording be WILL include all of the aforementioned extra charges. You do have until January 31st to pay, but make sure that you have your cancelled check in hand before that date.

Then – a nice letter from Prez Parker urging us to sign another proxy that would allow him and the rest of the board to pass any matters that they like during the next eleven months. This form kinda looks like a ballot, but in reality is so much more. The final sentence reads “The holder of this proxy is further authorized to cast my vote on all other matters to come before the meeting as my proxy shall determine”. Another way of saying that if enough proxies are collected, the increase in annual assessments and the changes in deed restrictions will be “back on the table”.

Please – DON’T SIGN THIS PROXY! If you have then tear it up. Come to the meeting to vote your preferences. Stop the abuse of the proxy by this board!

Finally, copy the following link to the blog and send it to all of your Meadowcreek friends and neighbors and ask that they read this warning. Help get the warning out to all.

http://meadowcreekneighborhoodnews.blogspot.com/

Attend the annual meeting. If you cannot, find someone you trust to vote your preferences. And we already know that the present board doesn’t qualify for this important position.

WHERE WERE YOU ?

It is somewhat amazing. One month after the meeting that was attended by hundreds of residents, another meeting of the Meadowcreek Association was held. This time only thirteen residents showed up. That’s right folks! Only thirteen of seven hundred forty one. And we wonder why the Board continues to think that no one really cares about what happens.

Of interest, a draft budget was passed around. This draft contained many errors, and there were many mistakes evident. In fact, the rows frequently failed to add up to correct totals. Now this budget did contain a row for accounting and outside CPA fees that totaled $9250.00 for the year. Wonder where the accountant was when the draft was made. He or she was really needed to make sure that the draft was accurate.

A question was offered from the floor regarding the recent request for public information on finances. Lewis “Chip” Smith (attorney) indicated that they were going to respond with a CD that would contain all of the information requested. He was little evasive when asked why the delay, saying that it was a lot of information to compile.

Other questions seemed to center on the expenditures for repairs to the Town Homes, insurance on same, etc. This area still needs to be completely explained. The Board and attorney all denied knowledge of any pending legal actions or demands that might adversely affect our Association.

Finally, heartfelt thanks to those residents that took the time to attend the meeting. And for those that didn’t – a big brrrraaaaccckkkk. How can you expect a few to protect your interests when you so obviously don’t really care?

Wake Up!

MAKE YOUR FEELINGS KNOWN

Thanks to those of you who are participating in the Meadowcreek Neighborhood News blog. It’s important for everyone to be able to see several opinions on some matters that are critical to our neighborhoods viability. Hopefully more individuals will sign up and take a few minutes to voice their concerns.

Of even more importance, be sure to attend the December 10th meeting at 7 P.M. at the clubhouse. This will be an opportunity to ask the Board many questions (unless they once again shut everything down) before the annual meeting in January. Many questions simply must be addressed - and if the present Board doesn’t feel the need to do so they might consider resigning. Who wants a Board that spends all of their time concealing the real state of affairs?

Last but certainly not least - it’s time for some concerned residents to “throw their hats into the ring”. Have you considered running for one of the open positions? Meadowcreek needs some honest and clear thinking folks to step up and get our association back on track. People who will take the responsibility seriously and work to bring fiscal responsibility back. People who understand that a budget must be balanced - you simply cannot continue to spend money that you don’t have. We don’t do this at home.

See you at the meeting!

A QUESTION OF LIABILITY

The Board of Directors has repeatedly stated that the Meadowcreek Association is out of money. Some have stated that they cannot even pay the light bill. This is the reason they feel the need to increase the maintenance assessment for single family homes by a mere one hundred dollars per year. The additional fifty thousand dollars collected will solve all of our problems they say, and allow for an actual surplus to accumulate. What they are reluctant to do, however, is explain where and how the current assessments are being used, other that a summary (by category) report provided on an irregular basis (and not posted monthly on the website).

The reality of the matter can be somewhat explained by the 2008 annual financial report and the 2009 to date report recently provided. It appears that a high percentage of expenditures have gone out for repairs on the Town Homes. In fact, during this period the income from the Town Homes has been $104,136.01 while the expenditures have come to $222,616.01 or a shortage of $118,480.00 in this time frame alone. This is simply not acceptable, and many questions must be addressed.

First, what is the cause or factors behind the repair expenditures? Can some blame be laid on Hurricane Ike? Did storm damage exacerbate existing damage and make repairs more expensive? What exactly caused this amount of damage in the first place?

Second, are all repairs now complete, or can we expect more large expenditures in the future? Were the repairs made in a professional manner in full compliance with city codes? Was the contractor selected professional, bonded and insured? Were multiple bids solicited from pre-qualified contractors? Are all owners satisfied with the results, or can we expect legal action from some owners to force the Board to comply with the current deed restrictions?

Third, did the Board of Directors have an insurance policy in effect to cover some of the damages? Section 12 of the deed restrictions covering the Town Homes requires the board to purchase, and the owners to pay for this type of coverage. If the insurance was in place, how much of the expense of repairs did the policy pay?

Last (and probably not least), why does the Board expect the single family homes to assume this burden? Our deed restrictions place no legal burden on us to pay for the operating expenses and repairs of the Town Home section. We have our own expenses (insurance, taxes, trash pickup, utilities, etc.) to pay for, along with our association dues.

It’s time for some answers. Perhaps some Town Home owners can sign on and let us know what’s happening.

HERE WE GO AGAIN

Well, it's kinda official. The board, led by Prez Doug Parker, has decided that they just have to have more money to operate. While they still have not provided an audit to show where the current dollars are spent, they find no fault with asking for more.

So, you will probably soon have someone knocking on your door and asking you to sign a new petition to increase the annual maintenance assessment for single family homes only to $280.00. Remember though - we pay for our own trash pickup, so this will bring our annual charges to $489.36 (If Waste Management never raises our fees). This compares to $396 in Quail Valley.

Also, the amended restrictions allow for a special assessment that is approved by a simple majority vote of members (and proxies) present at a meeting called for to approve same. The amended paragraph reads as follows:

Special Assessments for Capital Improvements. In addition to the Annual Maintenance charge Funds, also known as Annual Maintenance Assessments authorized above, the Association may levy in any year, a special assessment applicable to that year only (a "Special Assessment"), for the purpose of defraying in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Association’s common areas, including the necessary fixtures and personal property related thereto, or the facilities provided that any such assessment shall have the assent of fifty-one percent (51%) of the votes of the members of Meadowcreek Association, Inc. who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 (thirty) days nor more than 60 (sixty) days in advance of the meeting setting forth the purpose of the meeting. Said Special Assessment shall be made a part of the above described vendor’s lien.

Note that no limit is specified in the above, and also remember that the townhomes and patio homes are not included in the modifications. So - if the Board, voting proxies, wants to spend a million or so on a new ice skating rink.....We have to pay for it or suffer the consequences.

While most agree that $100 is not a lot to ask for, it's still not unreasonable to ask where the money is going. This increase will bring in over $50,000 additional dollars for the board to play with, and that IS a lotta money. In fact, the total collected each year will be very close to $300,000 and that my friend is a heck of a lotta money!!!

THE PLOT THICKENS

As many Meadowcreek neighborhood readers are aware, board President Doug Parker indicated in the November 12th meeting that the assessment increase and changes in restrictions and covenants was "off the table". To most of us this would indicate that they were no longer being considered.

Now it appears that a meeting was held at the clubhouse on November 17th, with rumors being that this was a "new committee" meeting to discuss, guess what, changes in the restrictions and covenants and the annual assessment increase. Hopefully someone who attended this meeting will take the time to comment and let everyone know exactly what the purpose of this meeting really was.

It's past time for the board of directors to understand what transparency really means. As residents of Meadowcreek, we deserve full disclosure and the ability to make informed decisions regarding how we are managed and governed. The members of the board are not our parents - and we are not children.

In fact, it's time for the board to make all of the financial transactions that have depleted our resources public. A report that simply shows totals, and not the line items that make up the totals is long overdue. Where exactly is our money being spent. How about an audit Mr. and Mrs. Board Members. An audit by a real CPA would be appreciated, and perhaps explain a lot of things. Before the December meeting would be nice.

And speaking of the December meeting - remember to be there on December 10th (second Thursday) and observe and listen. You might even try and get your unanswered questions answered. Unless the board decides to duck behind the executive session curtain again.

HOMEOWNERS RESPOND

As many in our neighborhood now know, the Board of Directors of the Meadowcreek Association, Inc., recently initiated a campaign to raise the annual maintenance assessment in Sections 1, 2&3 and 5 by $100.00 per year. What many did not know is that the intent was to also revise the Covenants and Restrictions that govern property in the sections.

A "grass roots" movement was started to inform residents of the actual intent of the board. After an initial meeting at the Black Eyed Pea, individuals volunteered to walk the individual sections, talk with residents, deliver handouts, provide needed supplies and do what was necessary to get the message out.

During the week prior to the November Board meeting held on November 12, 2009, literally hundreds of hours of labor resulted in the largest crowd to attend a homeowners meeting in years. We were elated to see a reporter/photographer team on hand to film the meeting for a news segment on Channel 13 (ABC) Houston. The board appeared to be somewhat surprised, and was totally unprepared to meet the challenge. Documentation was limited, and seats were few. The only area in which the Board was prepared was in providing police protection (three officers were present for crowd control).

As members arrived they were asked to sign in on forms provided. An additional form was provided for those who wished to address the assembly (with a 2 minute time limit). As the meeting progressed, the attorney representing the board was observed asking the reporter from Channel 13 and his photographer to leave. They were told that the clubhouse was private property, and that they needed to leave the property. Many of the homeowners in the immediate vicinity advised the attorney that the reporter was an invited guest, and the end result was that the media representatives were allowed to stay and film the meeting.

During the meeting, board president Doug Parker attempted, with limited success, to defend the boards position regarding the increase in the annual assessment. He met with much less success when asked to defend the changes in the Covenants and Restrictions. Several members that had signed the "petition" for the board insisted, by both voice and letter, that their signatures be removed from the documents held by the board.

Finally, President Parker relented, and advised the audience that the Board would table the petition and make do with the status quo. You can view the news report by visiting the following link:

http://abclocal.go.com/ktrk/video?id=7115716

Then, without allowing a single person who had signed the speakers log to address the meeting to do so, President Parker decided to go into executive session, effectively shutting the residents down. What a surprise. Fifty or so residents left and held an impromptu meeting in the parking lot. It doesn't appear that too many were happy with the way the meeting went. More is sure to follow.