Giles & Shea, Inc.
Attn: Terri Shea Giles, President
2304 Hancock Drive, #4
Austin, TX 78756
Dear Mrs. Giles:
To my knowledge, you are the bookkeeper of the Circle C Homeowners Association (CCHOA) for the past ten years and probably you have been the bookkeeper since the inception of the Association in early 1988.
In February of 2001, I discovered that CCHOA had been overcharging homeowners on the association fees. I inquired about this overcharge many times and never received a satisfactory answer from you. Your reluctance to answer my questions is one of the reasons I began an investigation into CCHOA?’s financial records. As a result of my investigation, I discovered a full blown financial scandal.
One of my conclusions from the investigation is that you are more than just a bookkeeper for CCHOA; you are a willing participant (aka accomplice) of this financial scandal. You personally have been benefited greatly by playing along and collaborating with CCHOA?’s former Directors of the Board ?– James O?’Reilly, Steve Bartlett, Ken Rigsbee, Susan Hoover, and with the Developer, Gary Bradley.
Here are some of the questions that I am still waiting to receive an answer from you:
(1) Why did you calculate the association fees on the Total Market Value of the homes even though the Declaration of Covenants, Conditions and Restrictions for Circle C Ranch Subdivision, Page 4, Article III Assessments, Section 3 clearly indicates that the Association should levy the association fees based on the Travis County Appraisal District?’s Assessed Value of the property? Could you explain why you intentionally mislead homeowners to believe that the fees were calculated on the Assessed Value on the CCHOA?’s own billings when they had been actually calculated on the Total Market Value?
(2) The service description in your annual contracts signed by you and the former Vice President, Steve Bartlett, clearly indicated that you have been only providing part-time bookkeeping services to the Association. If you are only a part-time bookkeeper, why did you charge the Association more than a full-time accountant? And also, why did you charge service fees on the vacant lots?
(3) Why did you use the Association fund to pay the Developer, Gary Bradley?’s utility bills and some of his property taxes?
(4) The funding for the Circle C Child Development Center (CDC)?’s facility was established by the Developer, Gary Bradley, with the initial residential development at Circle C. Every home builder is under contract to ?“donate?” $1,000 to the CDC Escrow Fund upon the closing of a new home. And, of course, as we all realize that this so-called ?“donation?” was actually the amount added to the cost of our homes. What is the total amount you have collected for this CDC Escrow Fund since the development of Circle C Subdivision? What is the total amount of the fund that has been funneled into the Developer?’s company ?– Phoenix Holdings? What is the current balance in the CDC Escrow Fund? I want to request a copy of all the monthly bank statements of this escrow fund from 1988 to the present.
I look forward to hearing from you soon. As a homeowner, I am entitled to these answers. If I don?’t hear from you within ten days from the date of this letter, I will have the pleasure of seeing you in court.
Sincerely,
Lisa L Sun
