Owners’ Meeting Notes

Here are my notes on today’s owners’ meeting. The meeting was video recorded by Chris Crowley. I hope my notes are accurate.

Those present - votes

Barbara Wagner 2

Larry Biggers 7

Ed Bowers 1

Kayla Custer 1

Ann&Pack Killingsworth 1 (had to leave early)

Vic Baltov 1

Richy Ethridge 6

Chris&Karra Crowley 29

Dave Schultz 1

Lyle&Louise Reynolds 1

Dusty&Darlene Rhodes 1

Bunny&Wally Montgomery 1

Also present were Gary Cate of Johnson and Cate and Rob Mabe.

Karra was elected to the board by acclamation.

Gary Cate gave an update on our budget. He did comment that if we accept the loan, that our HOA liabilities will exceed our assets and that could impact market-ability of units.

A handout was given showing repair of decks, railings, landings and stairs could cost about $111,650.

I moved that the repairs be made and funded through assessments. Kayla Custer seconded the motion. The motion failed with only She and I voting yea.

A motion was made to accept a loan from the Crowleys in increments of $25,000 up to a maximum of $150,000 at 6% to be paid in four years. The motion passed with only Kayla and I voting nay.

Discussion then followed concerning the issue of ownership of the decks. Our declaration seems pretty clear that the decks are not common elements although they have been treated as such for years. Richy said the declaration is old and ambiguous and he feels the Texas Condominium Act prevails. The issue is this: If the decks are not common elements, then HOA funds cannot be expended to repair them. Additionally, if the decks are common elements then homeowners have no individual liability for any accident attributed to them. However, if individuals own the decks and someone is injured and seeks redress, they could possibly use our declaration language to bring suit against the owner. I suggested that we get an opinion letter from an attorney to clarify the issue. No action was taken.

The board will meet Friday morning at 9:00 am.