Author: timberwoodparksa

A TWP property owner knows a contractor/realtor with Magnolia Realty in San Antonio.  This contractor/realtor specializes in renovating older structures, has a portfolio of jobs done in this area by his company and has extensive background managing projects of this nature.  He visited the TWP Clubhouse with the property owner recently and provided some great and affordable updating and improvement ideas.  Some examples include metal roof, Florida room for exercising equipment/pool tables, removing walls for added space, clean exterior rock-work, updating kitchen, etc.  It is his opinion doing these upgrades and remodel can all be accomplished for less than $500K. His company is willing to produce sketches, provide design concepts and costs to the community which would show options and best use of the existing footprint while expanding, upgrading and improving it.

For this proposed project the board has kept the bidding process limited to a very small circle and has not shared pertinent information about the process with the entire community via an open outside committee process built of the many professionals living in our community with expertise in this area.  Outside committees would allow for open and transparent bidding process which is vetted by independent means, provides options of differing caliber and scope, and concludes based on a set of criteria how a bid might be accepted without conflict of interest or any possible personal influence involved.  How do we know, for example, our POA money is being spent wisely without bias or favoritism toward a vendor, builder, or architect without an independent review by unaffiliated community members who do not hold board positions?

The board has issued limited statements from minutes and in the President’s letter to the community in our monthly newsletter as their main communication to the community at-large updating their current process.  Other than that, a few proposed idea sketches presented at a meeting, as well as a master plan which was developed solely by the board have been the bulk of the communication to date.  There really hasn’t been much provided to the community of a firm and clear nature.

Currently, our President lists status of this proposed project similar to those statements made in the minutes from the last meeting which have been described as outside design is underway and is expected to be completed in April and then a community vote to continue the project will follow that work being completed.  While a vote was taken at one of the POA meetings which was approved by the board members to spend around $30,000 +/- to work on development of the design and pay an architect, who else besides the board was involved in the process of selecting the architect and ensuring design was suggested by a majority participation of the property owners who will be paying for this building?  How many other dollars have been expended reaching this juncture without complete community vote or involvement?  Who else in the community has been involved with any part of the process thus far besides the board to provide any type of oversight?

So far, a survey sent more than a year ago to property owners who participate in electronic communication as a means of receiving information from the POA, asked for responses ranked in importance as to what property owners felt was important in a remodel of the current clubhouse.  This has been the only official feedback from property owners to date and was limited to those who participated in the survey or received it to participate.  At the time it created a lot of confusion for some property owners who participated in it thinking they were providing an initial discussion about potential options for remodeling the clubhouse, not a new build.

Various conversations and presentations have been held at some of our HOA meetings since then but did not include majority property owner feedback of any recorded measure or participation.  Simply those who attend the meetings being briefed who then provide verbal feedback to the board are the gauging meter for continued progression.  This is not seeking majority feedback or even a 10% minimum with most meetings having attendance of 60-70 persons (some of those being couples who can provide only one vote for a given measure).

The property owner who sought other options on their own time is concerned with spending money beyond our ability to pay cash, depleting our reserves to fund an “I want” rather than a “we need” and building something that is neither warranted nor wanted by the bulk of the community.  The author of this blog concurs with this thought as well.

The property owner, as well as this blog author, fully understand the time, energy and commitment the board makes to volunteer in our community and this is not casting stones so let’s not turn this discussion into “someone is picking on the board that works so hard….”.  Remember, we don’t all have to agree, but we all should be able to have a discussion without being relegated to name calling, social media blitzes trying to undermine the meaning of the message/discussion, credibility of the discussion, etc.

The property owner, as well as this blog author, continue to desire a reasonable approach to remedying what is seen as an outdated and dysfunctional clubhouse without costing the community hundreds of thousands of dollars which need not be spent.  Oversight by outside committees independent of the board who will focus on participation of the entire community is essential to this process rather than a totally board orchestrated and controlled endeavor.  The property owner is deeply rooted in our community, has served on many volunteer boards and other HOAs and has a wealth of knowledge regarding the construction industry, management of an HOA/POA and where its focus should be with regard to best use of operating dollars.  The same holds true of this blog author and no we are not one in the same individuals.

Once again, the question is asked….is this good stewardship and management of our funds?  Remember, first and foremost a POA (Property Owners Association) is supposed to represent best interest of the majority it serves always.  Additionally, a POA has a mandate to manage and maintain the common areas of the development it serves while ensuring collection of POA Assessment Fees which make that operation possible.  As a part of that process the POA should provide fiscally sound choices about how necessary monies are spent and in the case of projects which are not essential but may be an improvement or upgrade to those common areas which EVERY property owner has a percentage of ownership in, ensure EVERY property owner is given ample opportunity to provide feedback, vote and participate in the entire decision making process of spending those “non-essential” dollars rather than presenting only one final alternative which must be voted up or down.

It is the opinion of this blog author as well as the property owner who took it upon themselves to get an opinion by a local contractor, that property owners have lacked the opportunity to see and visit other alternatives which could be just as or more beneficial than a new build and cost us significantly less.  Think of the number of public meetings the county or city holds to allow and receive public feedback before a large-scale project is approved in final as an example of what should be happening.  Many opportunities are provided to view, provide comment, suggest alternatives, offer expertise and suggestions, vote, etc. before any project receives final approval.

It would seem prudent to give other options a full vetting with property owner input before any final vote takes place to begin the process of construction for any part of the clubhouse or for that matter any other portion of the park master plan which was essentially also developed solely by the board.  Our money used wisely matters to all of us; we should not need to finance anything done in our park as an “I want” rather than a necessity or urgent need with the type of capital we have available on an annual basis if our funds are used wisely and the best fiscal stewardship is provided.

As always, thank you for your time.  Your thoughts are appreciated and encouraged!

I recently watched a video of the October HOA meeting which literally stunned me.

The proceedings during the “meet the candidates” portion of the meeting were dismaying to say the least. What I saw was a line-up which included an incumbent who has a criminal history seeking the opportunity to be elected after being appointed to his position, an incumbent who told the audience that her children were the reason she was running again because they wanted a new clubhouse (by the way, who pays the bills in your home—your children?  Is it common practice for the children in the neighborhood to determine what the adult property owners who pay the maintenance fees do with those funds?) This same incumbent spent time chiding the audience with statements somewhere along the lines of if you happen to be one of the property owners who might have a dissenting opinion with the incumbent board you are “haters”. Seriously?  Is this what our neighborhood has come to?

Timberwood has so many Face Book pages you can never figure out what an “official” page is much less an accurate, factual take on any issue. In fact, one of those supposedly “official” neighborhood Face Book pages posts one sided opinion pieces not backed up with factual detail but merely a “believe me and I’ll tell you why you should not believe anyone else commentary” ……and then closes any comments or communication by the neighborhood it supposedly represents.

Timberwood has multiple Next-Door pages for commentary which redundantly represent position after position and if you don’t like one you join it is acceptable to trash those whose opinions you disagree with, and then create your own subpage where only like-minded individuals are offered the opportunity to participate. Really? Is this what you want in your neighborhood? Is this free speech much less good conversation about topics and issues of concern to all property owners?

Shouldn’t all opinions be considered, shouldn’t all positions be heard, and shouldn’t those elected to represent the majority be listening and responding to questions and concerns of those they serve? Shouldn’t those who run for office be available to discuss the issues, answer uncomfortable questions and concerns and allow for discussion even if they don’t agree with it?

Change is a good thing. Those that have served for numerous years without succession tend to become jaded and lose track of the real reason for serving…service to the entire community. Look at the candidates. Give new faces a chance to serve the community and hopefully bring new ideas and opportunities to the property owners.

Does anyone remember when term limits were actually a part of our by-laws?  Read more from a 2010 HOA newsletter here.

This board is currently actively being sued by property owners, a second legal action is under way and a previously filed lawsuit against this board is being appealed. This should be cause for property owners to wonder why this is occurring. I am further hearing there is a fourth action being considered by yet another property owner in the neighborhood. This ultimately effects all property owners….we will be paying the settlements which occur as a result of these actions. Is that how you want your money spent?

Today I heard several times that some property owners have received 2 ballots, some have received 3 ballots, and some have yet to receive any.  All with more than one ballot have different account numbers on them so how would you know whether or not a vote was counted twice or more?  Seriously?  Is this how the business of Timberwood should be undertaken?  How can you possibly believe that the electoral process is fair, unbiased and accurate with all these errors occurring?  Shouldn’t there be oversight other than the incumbents and Spectrum managing this process?

Final footnote: Remember this blog has made every effort to provide factual backup data and support for all the issues brought forward for your consideration this year regarding management operations of the business of Timberwood Park. It has always been the desire of this author to provide detail and fact to allow you, the property owner, the opportunity to decide for yourself. The posts made here have been factually supported and are by no means the voice of a “hater”. In fact, they are the voice of a property owner who has spent considerable time as a volunteer for this neighborhood and has provided open communication to all who are interested in communicating rather than shutting down dissenting opinions.

Please take the time to get involved in the voting process this year for board members.

You can see the information regarding fines by clicking here.   This document is also posted on the Archived Docs tab of www.timberwoodparksa.org .

 

Every property owner should be aware that a lawsuit has been filed against the HOA /HOA board dealing with overreach by the ACC, overreach by the board, the legality of the fining policy, and lack of solid business management practices.

The fact that this case is now in the legal system, is underway and will be going to trial should concern every property owner!

This reinforces many things which the blog has been trying to alert all property owners of during the past several months regarding arbitrary rules which do not run with the land, are not binding, nor can be enforced legally among other things. There is no legal basis to fine property owners according to our deed restrictions and 3 independent legal reviews and yet more than $100,000 has been collected by this board from property owners in fines!

If this case is successful, it will cost every property owner through the settlement achieved via insurance settlement or other means. The fall out could include raised or cancelled insurance rates, your dollars being spent to settle the case rather than to operate the neighborhood, etc. Don’t kid yourself that this isn’t something you should be concerned about.

Get involved in the upcoming elections!!

The current HOA board includes a board member who has a past criminal history?

A current board member has a record for theft according to a recent posting on at least one social media site. This item was then verified by asking the board to validate or deny the information which was circulated in the neighborhood. The board authenticated the validity of the information as factual by communicating a written response through Spectrum via e-mail sent to the property owner who inquired about the information’s validity.

Rather than focus on a sitting board member having a criminal history, the board minimized the importance of this fact as something that happened in the past and then chose to berate the individual who posted the original information. Is it good stewardship and management to have a board member with a past criminal history serving when they could have access to about $700,000.00 annually? Should the board be attacking the individual who posted the factually validated information instead of focusing on facts?

Is this how you want your neighborhood HOA run?

Elections are coming up. You have until September 23^rd to get your candidate profile turned in to Spectrum to be placed on the ballot for the December annual meeting.

There are 4 spots up for new individuals to have an opportunity to serve the community. Change is a good thing and some of the existing board members have served for 6+ years now in their positions. Time for a change!

Run for office or help someone you know who might be interested in running achieve election, and let’s make a change in the hierarchy which not only does not want individual thinkers and versatile, differing opinions, but looks the other way on questionable backgrounds. The current board would rather group think and have one mind set to manage the unique and one-of-a-kind neighborhood that is the property owners of Timberwood Park. They have stated that clearly at many of the HOA meetings in past discussions. Wouldn’t you like to see a little more diversity? Wouldn’t you like to see a change?