Bridlewood Quality of Life Coalition


Letter to Bridlewood HOA board’s attorney by kim0917

The link below will allow you to download or view a letter sent to HOA board attorney Chris Payne questioning the procedures and statements made at the July 29 special meeting.  It brings up some points we made in our next-day reaction.

FYI, it’s in PDF format:

Letter to HOA board attorney

Advertisements


Ballot results by kim0917
30 July 2008, 5:06 pm
Filed under: News, Quality of Life | Tags: , , , , ,

The vote to remove the HOA board of directors did not pass, as announced at bridlewoodhoa.org.

 

The meeting was well attended by residents, to the point that it started late while they were all getting signed in. We don’t currently have an official head count. Residents were given a forum early on to ask questions of the board. Emotions ran high and a contentious tone was set for the proceedings — one resident directly asked individual board members their feelings about gas drilling in Bridlewood (all opposed, with the exception of Mike Walker who said the details of each case must be weighed separately). The board spent the evening on the defensive, even when they weren’t being directly attacked or questioned.

 

A court reporter was present so meeting minutes should be available to those who couldn’t attend. Requests have already been made for a copy of these minutes. We were also told that votes would be counted by an independent CPA firm and that the results would be known by 5 p.m.

 

Some specific points we’d like to point out:

·     The ballot results are vague and incompletely reported. They give the number of votes in favor of removal but don’t give the total number of ballots and proxies cast. They also don’t give the total number of votes against removal. They also do not make clear the rules governing this particular vote, taken in a special session called by petition.

·     Nothing lawfully put forward by the petition actually took place:

o    to consider and vote upon the removal of each existing member of the board of Directors of the Association individually;

o    to nominate candidate(s) from the membership to succeed the Director(s), if any, removed by the vote of the Members; and

o    to engage in general discussion about the oil and gas drilling and development controversy within the Association for direction to the board of Directors.

·     The HOA Board of Directors stated that they are “bad” at communicating with residents. They later complained about the cost of communicating through mass mailings. Yet they had no qualms about hiring an attorney at nobody’s request. They stated that the current total cost of this legal advice was around 15-20 thousand dollars. That money could pay for a lot of mass mailings.

·     Another point regarding attorneys: The board at one point stated that residents should not even be worried about gas drilling due to the clause in CC&Rs expressly forbidding it (it would require a two-thirds majority vote to be overturned). If there is no reason to worry, why hire an attorney to look into gas drilling issues without knowing for sure that a majority of homeowners want to overturn the clause? One of those mass mailings could have polled Bridlewood residents on the issue.

·     During the course of the meeting, several motions were brought from the floor. Though these motions were seconded, the board of directors ignored them and stated that Robert’s Rules of Order, the most common standard for such procedures, did not apply. To what rules of parliamentary procedure does the board adhere? They called several requests from the floor “out of order,” thus implying a procedural framework.

·     Requests from the floor for a roll call were delayed and denied several times. Ultimately, no roll call was ever taken.

·     Requests to determine the validity of the Brinkman/Reserve proxy were ignored. We still don’t know.

·     The board consistently insinuated that in calling last night’s meeting, homeowners wasted HOA money through legal fees. Perhaps the board should consider itself to blame. After all, its statements in emails and at meetings were the reason for the petition.

 

Your thoughts are welcome via the “comments” link.



Re: “Letter from the HOA Board” in Mane Events by kim0917

By now, all Bridlewood residents should have received by mail the latest volume of the Mane Events newsletter, Summer 2008, Vol. 7, Issue 2.  Unfortunately, it hasn’t yet been posted online so we can’t link to it.  The front page features a letter from the HOA Board that continues to cover two full pages(!) inside.

We have a few questions and comments after reading this letter.  Their quotes are italicized.

… neither Mr. Footlik nor the Williams Companies need to negotiate with the Association or the homeowners to extract minerals … in close proximity to Bridlewood.  They have the absolute right to develop these minerals … in compliance with the Texas Railroad Commission rules and regulations, and the Town of Flower Mound’s permitting requirements.”

As the board elected to represent Bridlewood homeowners, your first concern should be our collective property values and quality of life.  This means that you should be actively working to re-affirm Town of Flower Mound restrictions on our behalf, not re-affirming, in print, someone else’s right to drill near our homes.

… the Association’s counsel has prepared a proposed amendment which permits subsurface development … this fact should not be interpreted to indicate any desire on the part of the Board one way or the other.”

You say that the board has no opinion on drilling or not drilling.  Howver, in your own words this was a “proposed” amendment, meaning that somebody on the board brought it forward, presumably in favor of it being passed.  Before getting homeowners’ opinions about such an amendment, the board then admits to having a lawyer draft it, which costs money.  Just how dis-interested are you in this amendment?

“The Board hopes to have an open meeting in the near future to permit a free flow of information so as to permit homeowners to make a reasoned and informed decision on this important issue.”

Bridlewood residents have requested such a meeting, first by petition and also at last month’s HOA meeting at the golf club.  You say you “hope” to have this meeting soon, but more than a month has passed since the petition was brought to you.

    Finally, we share the board’s interest about the spread of misinformation.  Please feel free to view these posted documents which were previously obtained.



    What’s the petition that went around Bridlewood in May? by kim0917

    Written by Kim and Paul

    In May over 300 residents signed a petition for a special meeting to consider replacement of some or all of the HOA Board, and to give direction to the Board concerning gas drilling.

    Our HOA Board spent over $4500 moving toward gas drilling in Bridlewood before they knew what the Homeowners wanted. But the Board never asked, nor has it to date. We find it interesting that our HOA ignored the CC&R section C. – #6 that states “No oil drilling or related activities permitted.” We feel this should have been direction enough for our Board. In addition, if they doubted our intent, they should have called for a meeting or conducted a questionnaire. Only through grassroots causes such as this, and others before us, have our Homeowners been educated and made aware of the improprieties that have and do exist surrounding the potential for gas drilling in Bridlewood.

    The background to this issue is summarized in a letter to Reserve residents from Mark Brinkman, President of the Reserve HOA, which noted that there appeared to have been considerable activity by the Bridlewood HOA Board to investigate the possibility of drilling in our development. In addition, the minutes from prior meetings were incomplete and vague, and the Board was not forthcoming with information. Some of the e-mails which raised concerns about the Board have been made available at this link, and further information collected by the Reserve Board, including a timeline, is available here.

    Mark Brinkman chaired a meeting at the Amenity Center on May 6th to discuss a petition and update all Bridlewood residents in attendance. At this meeting a petition was introduced and signed by many of the attendees. Further names were collected in the following few days.

    The petition signed by Bridlewood Residents was delivered to our HOA Board on the 15th of May. As of today, they have not set a meeting. The Board claims they cannot find a large enough place for such a meeting, but they were comfortable in setting up an “informational” meeting on June 4th at the Golf Club. It is time to stop making excuses and call the “Special Meeting” as requested by the Residents that they serve.