WRONGDOING #4
Directors?’ $55 per Hour Voluntary Work
According to the Bylaws of Circle C Homeowners Association, Inc., ARTICLE IV, Section 4, COMPENSATION, no director shall receive compensation for any service he may render to the Association. However, any director may be reimbursed for his actual expenses incurred.
Does ?“reimbursement of actual expenses incurred?” mean $55 per hour for voluntary work?
Steve Bartlett served as the Vice President of CCHoA for about sixteen years since the inception of the Association in March 1988. During this period of time, he was also working as a top employee for the Developer?’s two companies ?– President of Alien, Inc. and Vice President of Phoenix Holdings, Ltd.
Susan Hoover served as the Treasurer of CCHoA for more than ten years from 1991 to early 2001. During this period of time, she was also working as the Project Manager for the Developer.
Both Steve Bartlett and Susan Hoover charged the Association $55 per hour doing board members?’ voluntary work. Not only that, they even charged the Association $55 per hour for handling Developer?’s business. Here are some items they charged $55 per hour:
(1) Board?’s meetings and events planning
(2) Board?’s communications and homeowner issues
(3) Deed restrictions and HoA concerns
(4) CCHoA Settlement Agreement
(5) E-mail correspondence with Stratus representatives
(6) Meetings with Stratus representatives
(7) Conversations with Stratus representatives
(8) Survey on Stratus properties
(9) Deed restrictions review, boundary reviews, signage review of Stratus properties regarding the Bear Lake PUD and Circle C Commercial Community, Inc.
The above $55 per hour fees were funneled directly into Castle Realty Management Services (July 2001 ?– November 2002) and Full Circle Management L.L.C. (November 2002 ?– ?) which are the two companies owned by the Board members - Steve Bartlett and Susan Hoover respectively.
Before July of 2001, the fees were funneled into Alien, Inc., Developer?’s company.
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Overcharged Clerical Work of $35 per Hour
For all these years, Circle C homeowners have been charged $35 per hour for the clerical services provided by Alien, Inc., Castle Realty Management Services and Full Circle Management L.L.C., which are all business monopolies in the Circle C Ranch Subdivision.
The market rate of a clerk as an independent contractor is $12 - $15 per hour in Austin, Texas.
HOW TO ASSESS DAMAGES IN THE LAWSUIT:
(1) Audit the billings of Castle Realty Management Services, Full Circle Management L.L.C. and Alien, Inc. in order to recover every dime of the $55 per hour voluntary and developer?’s services for the last four years as the law allows.
(2) Recover the overcharge of clerical services in comparison of the market rate per hour with $35 per hour we have been charged from the above three companies for the last four years as the law allows.
In addition to the above, we, the plaintiffs, could also recover Exemplary Damages.
