The CAP was illegal
One of the reasons I chose to mover here, was that it had a strong and active HOA
I have tried from before closing, to obtain the Circle C Ranch Deed Restrictions, Declarations, and By-laws, and to date, I have received only what the court force CCHOA to provide to me. This, despite the fact that our By-Laws have explicit requirements for open records to every CCHOA member.
CCHOA is NOT a private club. It is public, because you have no choice in joining - it is manditory. I don't have any problem with the By-Laws, I however, DEMAND THAT THE BOD FOLLOW THE BY-LAWS.
And, they clearly have not done so. The BOD has NEVER held a legal election and the CAP they put on assessements for voting purposes was illegal.
I have been to as many of the CCHOA meetings as I possible can, I have pleaded for documentation, and I have frequently been mislead, lied to, and denied access. The lawsuit was necessary, in my opinion.
THe only problem is that the BOD decided to ''lawyer up'', a move that only the most guity would insist on. In several other cases of the same kinds of problems, a face to face meeting resolved all of the problems. That definately would have happened in the case of CCHOA. Why they chose to fight rather that follow the CCHOA By-Laws is unknown.
We are not a private HOA - secrecy is part of the problem, not a solution.
This is a long way from being resolve.
Barton Creek Hills went through the same thing with Startus Properties in 2002 and resoolved the whole mess in two weeks. CCHOA is responsible for dragging this through the courts. They broke the rules and it too a district judge to explain that to them.
I hope you will take the time to educate yourself, read the filings, and get the truth.
The votes and assessments are clearly spelled out in the Declarations and By-Laws. I suggested you refer to them on the CCHOA web site and read them carefully. Then ask your self, is this BOD following those rules or not ?
Your assessments ARE going up next year, not as a result of the law suit, but as a result of outdated and obsolete verbiabe in the By-Laws.
At the next CCHOA Town Hall meeting (and I really hope you take the time to attend, if not participate) you will have the opportunity to vote in new and needed changes, and to address some, but not all of the outdated parts. One of them is clearly the method and amount of the assessments.
For the record, I do not believe that a CAP is appropriate. But, I would rather have one vote per house, and that is not one of the options we have. It is part of the Declarations, which are NOT up for changes.
One other change the judge fixed, the requirement to hold a Special Meeting only requires a quorum.
When ever the BOD publishes our voter list, as required by Texas Law, we will know exactly how many votes that requires. It's messy as hell to count up thousands of votes per property, but that is the current method.
My question, since January of 2003 is and has been, exactly how many votes constitutes a quorum in Circle C Ranch HOA. To date, the BOD does not know and that is a sad state of misconduce and neglect.
