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The winners of the first, hopefully, annual, Meadow Creek Homeowners Golf Tournament.
Thanks to Victor Benavides for the first Meadow Creek Golf Tournament.
Meadow Creek Homeowners Association
Special meeting
March 5, 2013
Called to order at 7:15pm
Attendance 152 voting members, we have a quorum.
Red started the meeting by thanking Bob Anderson for all his help and efforts, as well as Betsy Ebner for her years of hard work given to this association.
Lloyd Gath made motion to accept the agenda as written. Carol Krieling 2nd the motion and the motion carried.
Old Business;
Explanation was given to the members as to how the quorum changed from 50% to 20%. The attendance at the annual meeting was 189 voting members in person or by proxy. Red explained how the quorum indeed did pass by recount. Patty Roldan questioned the validity of the recount when it was not done in the presence of the quorum. The main concern of the members is that Compass bank would hold too much power and have the potential to control the association. Concerns about future board members ability to make changes to bylaws and covenants would too easy based on this change.
Compass bank made the statement that they want what is going to be the best for this community as they have a very large investment here. Most of the members agreed that they feel Compass will support this community.
The membership decided after much discussion, that the board allows a new vote on the % change needed for a quorum. Motion made by Mike Hutchinson to have a revote to change the quorum from 50% to 20% and was seconded by Carol Krieling all in favor and the motion passed. The revote will take place per the agenda.
Voting on the Amendments will be done by ballot cards. Dianna Williams brought one change that needed to be made was in Art V section 2; directors must be class 1 members. Class 1 members needs to be removed. This correction will be made.
Motion #1: To amend the bylaws to conform to new Texas State Statutes.
Any objections to the amendments will be revisited once all have been presented.
Art III; Section 1, members, 1&2 all in favor none opposed
Art IV; members, Section 6 all in favor none opposed
Art VII, Section 5: Dues all in favor none opposed
Art XII, amendments to Bylaws all in favor none opposed
Motion to accept above changes was made by Bruce Ebner and seconded by Frank Huntley all in favor and passed.
Motion #2: To amend the Bylaws to bring them up to date with current practice, and operating procedures.
Any objections to the amendments will be revisited once all have been presented.
Title to Bylaws all in favor none opposed
Art IV; Section 1, annual meeting all in favor none opposed
Art IV; Section 4, Notice of meeting one objection Mr. Streeter
Art V; Section 3; no changes
Art VIII; Section 3, Contracts one objection Mr. Small
Art VIII; Section 5, Dues one Objection Dianne Schulte
Art XII; Conflicts all in favor none opposed
Art XIV; Adoption of Bylaws all in favor none opposed
Objections to Art IV and Art VIII Sections 3&5
Art IV; Notice of meeting
Objection by Mr. Streeter open for discussion;
Reason for objection: member would like a written notice and proxy sent 10 days prior to annual meeting just as we would for a special meeting. The membership voted to make the change as written. Motion made by Mr. Small to accept this change was seconded by Jerry Weersma. Motion passed by a vote of 153.
Art VIII; Section 3, Contracts
Objection by Mr. Small open for discussion;
Reason for objection: why do we need more money, $2000.00 is more than 1/3 of our budget. Member feels we need to keep an operating budget in place. The Board is asking to have the limit from $1150 to $2000 without having to call a special meeting. The Board will be presenting an annual budget in 2014. Motion made by Mrs. Blackford to accept the change as written to increase $1150 to $2000 and was seconded by Guy Streeter. Motion passed by 141 votes.
Art VIII; Section 5, Dues
Objection by Dianne Schulte open for discussion;
Reason for objection; the amendment should include per lot. The motion was made by Dick Schulte to accept the change with the addition of “per lot”. Seconded by Mr. Small, motion passed by a vote of 143.
Motion to accept the changes above was made by and seconded by Guy Streeter all in favor.
Amendment to the quorum from 50% to 20%
Motion made by Glen Herndier to change quorum from 50% to 20% and was seconded by Mike Hutchinson and was open to the floor for discussion. Jim Ablett voiced his concern that Compass Bank could decide to place trailers/apartments ECT. and with their votes. Red explained that if the membership does their due diligence and attends the meetings they could defeat Compass. This change does not give Compass bank all the power. Mr. Small made an amendment to the motion to change the 20% back to 50% and was seconded by Cuauhtemo Roldan with only 18 votes and did not pass. The Motion made by Glen Herndier of 50% to 20% was still on the floor. Dianna Williams made a motion to change from 20% to 30% and was put to a vote with only 25 in favor and was defeated. The original motion of 50% to 20% was back on floor and put to a vote and passed with 124 votes.
Motion to spend $8200 to complete the fence along Inspiration Rd. was made by Karen Nielson seconded by Christina Shinn and put on floor for discussion. Members made several suggestions for the type of fencing. The Board will take into consideration the least expensive and best looking option but not to exceed the $8200. Motion to complete the fence along Inspiration Rd. passed with 138 votes.
Funding to complete the fence will take place once our Checking account has the appropriate amount of funds for operating expenses (approx. $3,000) are met with a surplus. The amount needed in the account to be able to complete will need to be at least $11,500.00. The possibility of completing half of the fence this year and half next year will be looked into.
The maintenance of the area where the fence will be placed will need to be addressed. The Board will be charged with the responsibility to maintain the area.
New Business; Golf tournament March 23rd
Victor Benavides has planned a Golf Tournament for March 23rd 2013 as a fundraiser for future projects such as the completion of the fence; possible security cameras to be discussed at a later date. The fee will be $30 for HOA members and $40 for non- members. Players may sign up in the Pro Shop.
Meeting adjourned at 9:15pm
Minutes respectfully recorded by:
Faith Anderson
Secretary
Attendance 152 voting members, we have a quorum.
Red started the meeting by thanking Bob Anderson for all his help and efforts, as well as Betsy Ebner for her years of hard work given to this association.
Lloyd Gath made motion to accept the agenda as written. Carol Krieling 2nd the motion and the motion carried.
Old Business;
Explanation was given to the members as to how the quorum changed from 50% to 20%. The attendance at the annual meeting was 189 voting members in person or by proxy. Red explained how the quorum indeed did pass by recount. Patty Roldan questioned the validity of the recount when it was not done in the presence of the quorum. The main concern of the members is that Compass bank would hold too much power and have the potential to control the association. Concerns about future board members ability to make changes to bylaws and covenants would too easy based on this change.
Compass bank made the statement that they want what is going to be the best for this community as they have a very large investment here. Most of the members agreed that they feel Compass will support this community.
The membership decided after much discussion, that the board allows a new vote on the % change needed for a quorum. Motion made by Mike Hutchinson to have a revote to change the quorum from 50% to 20% and was seconded by Carol Krieling all in favor and the motion passed. The revote will take place per the agenda.
Voting on the Amendments will be done by ballot cards. Dianna Williams brought one change that needed to be made was in Art V section 2; directors must be class 1 members. Class 1 members needs to be removed. This correction will be made.
Motion #1: To amend the bylaws to conform to new Texas State Statutes.
Any objections to the amendments will be revisited once all have been presented.
Art III; Section 1, members, 1&2 all in favor none opposed
Art IV; members, Section 6 all in favor none opposed
Art VII, Section 5: Dues all in favor none opposed
Art XII, amendments to Bylaws all in favor none opposed
Motion to accept above changes was made by Bruce Ebner and seconded by Frank Huntley all in favor and passed.
Motion #2: To amend the Bylaws to bring them up to date with current practice, and operating procedures.
Any objections to the amendments will be revisited once all have been presented.
Title to Bylaws all in favor none opposed
Art IV; Section 1, annual meeting all in favor none opposed
Art IV; Section 4, Notice of meeting one objection Mr. Streeter
Art V; Section 3; no changes
Art VIII; Section 3, Contracts one objection Mr. Small
Art VIII; Section 5, Dues one Objection Dianne Schulte
Art XII; Conflicts all in favor none opposed
Art XIV; Adoption of Bylaws all in favor none opposed
Objections to Art IV and Art VIII Sections 3&5
Art IV; Notice of meeting
Objection by Mr. Streeter open for discussion;
Reason for objection: member would like a written notice and proxy sent 10 days prior to annual meeting just as we would for a special meeting. The membership voted to make the change as written. Motion made by Mr. Small to accept this change was seconded by Jerry Weersma. Motion passed by a vote of 153.
Art VIII; Section 3, Contracts
Objection by Mr. Small open for discussion;
Reason for objection: why do we need more money, $2000.00 is more than 1/3 of our budget. Member feels we need to keep an operating budget in place. The Board is asking to have the limit from $1150 to $2000 without having to call a special meeting. The Board will be presenting an annual budget in 2014. Motion made by Mrs. Blackford to accept the change as written to increase $1150 to $2000 and was seconded by Guy Streeter. Motion passed by 141 votes.
Art VIII; Section 5, Dues
Objection by Dianne Schulte open for discussion;
Reason for objection; the amendment should include per lot. The motion was made by Dick Schulte to accept the change with the addition of “per lot”. Seconded by Mr. Small, motion passed by a vote of 143.
Motion to accept the changes above was made by and seconded by Guy Streeter all in favor.
Amendment to the quorum from 50% to 20%
Motion made by Glen Herndier to change quorum from 50% to 20% and was seconded by Mike Hutchinson and was open to the floor for discussion. Jim Ablett voiced his concern that Compass Bank could decide to place trailers/apartments ECT. and with their votes. Red explained that if the membership does their due diligence and attends the meetings they could defeat Compass. This change does not give Compass bank all the power. Mr. Small made an amendment to the motion to change the 20% back to 50% and was seconded by Cuauhtemo Roldan with only 18 votes and did not pass. The Motion made by Glen Herndier of 50% to 20% was still on the floor. Dianna Williams made a motion to change from 20% to 30% and was put to a vote with only 25 in favor and was defeated. The original motion of 50% to 20% was back on floor and put to a vote and passed with 124 votes.
Motion to spend $8200 to complete the fence along Inspiration Rd. was made by Karen Nielson seconded by Christina Shinn and put on floor for discussion. Members made several suggestions for the type of fencing. The Board will take into consideration the least expensive and best looking option but not to exceed the $8200. Motion to complete the fence along Inspiration Rd. passed with 138 votes.
Funding to complete the fence will take place once our Checking account has the appropriate amount of funds for operating expenses (approx. $3,000) are met with a surplus. The amount needed in the account to be able to complete will need to be at least $11,500.00. The possibility of completing half of the fence this year and half next year will be looked into.
The maintenance of the area where the fence will be placed will need to be addressed. The Board will be charged with the responsibility to maintain the area.
New Business; Golf tournament March 23rd
Victor Benavides has planned a Golf Tournament for March 23rd 2013 as a fundraiser for future projects such as the completion of the fence; possible security cameras to be discussed at a later date. The fee will be $30 for HOA members and $40 for non- members. Players may sign up in the Pro Shop.
Meeting adjourned at 9:15pm
Minutes respectfully recorded by:
Faith Anderson
Secretary
Meadow Creek Annual Membership Meeting Minutes
January 28, 2013
Red Goudge called the meeting to order at 7:00pm
Membership sign-‐in asked to verify a quorum is present; Betsy Ebner reported we
have a quorum with a count of 189, with proxies’ members present.
Red Goudge turned the meeting over to Bob Anderson as Chairman.
Bob Anderson thanked all members for attending with special thanks to Compass Bank and Officer Reyna as our Sergeant at Arms, as well as the two Betsy Ebner, Fern Fisher and Wendy Hill for their efforts at sign-‐in.
Bob Anderson reviewed the Agenda with members and made a motion to accept the agenda
Herm Roldan immediately disrupted the motion with comments on the Board members seated at the front of the room, Tom Clinton joined in with further disruption, Elaine Clinton also started being very disruptive. They were instructed that they were out of order and their questions would be addressed per the Agenda. They continued to try and stop the meeting. They were called to order a second time by Bob Anderson with no prevail. The Sergeant at Arms then tried to call them to order. The group challenged Officer Reyna as well. The question was asked of the membership if they wished to have the meeting continue by standing up, all but 8 members stood. Officer Reyna then escorted the group out of the meeting hall and the meeting was brought back to order.
John Hill seconded motion made by Bob Anderson to accept the agenda as written. Bob made a motion to waive the reading at of the minutes as written from January 16, 2012. Seconded by Russ Winters. Dianna Williams asked to have the motion reopened for discussion on the election that took place at that meeting. The motion was reopened and discussed. The motion was then made to adopt the meeting minutes and was seconded by Glen Herndier.
The Association report was given by Red Goudge. Discussion continued from the floor about the billing that took place concerning the interest amount on the bill. Financial report given by Red Goudge the beginning balance in February was $9,409.00 currently the balance is $7,304.00.
Faith Anderson gave a report on the resignation letters submitted on Oct 17 2012. There was discussion about the procedure for withdrawing a letter of resignation. A motion made by Mike Miller to either accept or reject the resignation letters from the Board members by the membership of the Association was presented; Dianna Williams also made a motion to not accept the letters of resignation and was seconded by Russ Winters and voted upon by the membership. The motion carried with a majority of aye’s and 8 nays.
Motion made by Bob Anderson to accept the Association report, second by Mike Manuel. Motion carries.
Recent petition filing with County of Hidalgo was opened for discussion, Referenced property code 201. Information on chapter 201 discussion, it was explained how our HOA does not qualify under this code. The members were urged to research the property codes stated in the email sent from Elaine Clinton on January 9, 2013 for verification of the information given. The process of the petition filing was discussed. From the petition filing (Even if the requirements could be met). The ratification of said document requires 75% of the members/homeowners to approve it. Several members never received the by-laws by email to review.
Property code 209 is the chapter in which we are to follow. Motion made to accept the information given on the recent filing of the petition, seconded by Frank Huntley motion carries.
The statement that our current by-laws were voided by the State and that the City of Mission was going to take the HOA into receivership. Chapter 209 was quoted correctly. Only the provision of the current by-laws that do not follow state law is void, not the entire the document.
The contact information for Daniel Tijerina Director of Planning was given to the members for verification that the City of Mission was never going to take the HOA into receivership. The information given to homeowners at a previous meeting was explained. The example was from an HOA in Houston in which the HOA paid the utilities for the association and when it failed the city then is assigned a receiver to collect the payments. Meadow Creek homeowners pay their own utilities; The City of Mission was never going to take the Meadow Creek HOA into receivership. Opened for questions and discussion. Motion made to accept the items listed under the Texas property codes seconded by Don Neva. Motion carries
Election of New Board:
It was questioned as to the election of the board from last year. The issue of quorum was discussed and that to our knowledge there has never been a quorum. The board and the membership all agreed to properly place an entire new board of directors so that the Association can move forward in a proper manner.
Nominees were introduced with a brief bio on each of the nominees:
Faith Anderson
Victor Benavides
Red Goudge
Glen Herndier
John Hill
Question on how the terms would be staggered, it was agreed that once the Board is in place they would then appoint the officers and determine who would hold what term. Once this has taken place the members will be notified as to the officers and the terms of each position.
A motion was made by Dianna Williams to accept the nominations as listed, as it was uncontested, Bruce Ebner seconded it, and motion carries.
Motion was reopened by Beverly Miller to discuss casting ballots for the purpose of record of the association. Motion was seconded Mike Hutchins motion carries. Ballots were cast and counted. New board was elected with 169 votes of the membership.
Discussion of an Amendment to the by-laws pertaining to the quorum that states one-half of eligible voting members are necessary to meet quorum requirement. Several options were discussed. Motion made by Glen Herndier to adjust our requirement to 20% to keep the quorum the same. The motion was opened for discussion. One major concern was that Compass bank has 80 votes and could essentially control the voting if the % is too low. Darlene Schafer seconded the motion and vote was called for, the motion did not carry and was decided by the majority of the membership that we continue discussion as old business.
The meeting Adjourned at 8:45 pm.
These minutes were respectably recorded by
Betsy Ebner and Faith Anderson
Meeting of the Board of Directors
January 31, 2013
11:30 am
Purpose of meeting: to appoint officers and the terms of each board member.
One year Appointment of Officers is as follows,
President- Red Goudge
Vice President- John Hill
Treasurer- Glen Herndier
Secretary- Faith Anderson
Member at Large- Victor Benavides
Terms of each Board member:
1year term shall be: Victor Benavides
2year term shall be: Glen Herndier and Red Goudge
3year term shall be: John Hill and Faith Anderson
Committee formed to re-do By-laws it includes Glen Herndier, John Hill, Victor Benavides, Red Goudge. The goal is to have them amended to conform with new State laws as soon as possible so that the members can review and approve them before most of them return home for the summer. Special meeting with members to be held in March , 2013. Purpose of meeting is to vote on the proposed amendments , as well as vote on the completion of the fence along Inspiration and possible installation of security cameras.
Betsy Ebner will be our webmaster. Victor Benavides will work with Betsy to get the Directory up to speed.
Bills will be sent out to the members along with the mailing of the proposed By-laws amendments.
Meeting adjourned at 2:00
Membership sign-‐in asked to verify a quorum is present; Betsy Ebner reported we
have a quorum with a count of 189, with proxies’ members present.
Red Goudge turned the meeting over to Bob Anderson as Chairman.
Bob Anderson thanked all members for attending with special thanks to Compass Bank and Officer Reyna as our Sergeant at Arms, as well as the two Betsy Ebner, Fern Fisher and Wendy Hill for their efforts at sign-‐in.
Bob Anderson reviewed the Agenda with members and made a motion to accept the agenda
Herm Roldan immediately disrupted the motion with comments on the Board members seated at the front of the room, Tom Clinton joined in with further disruption, Elaine Clinton also started being very disruptive. They were instructed that they were out of order and their questions would be addressed per the Agenda. They continued to try and stop the meeting. They were called to order a second time by Bob Anderson with no prevail. The Sergeant at Arms then tried to call them to order. The group challenged Officer Reyna as well. The question was asked of the membership if they wished to have the meeting continue by standing up, all but 8 members stood. Officer Reyna then escorted the group out of the meeting hall and the meeting was brought back to order.
John Hill seconded motion made by Bob Anderson to accept the agenda as written. Bob made a motion to waive the reading at of the minutes as written from January 16, 2012. Seconded by Russ Winters. Dianna Williams asked to have the motion reopened for discussion on the election that took place at that meeting. The motion was reopened and discussed. The motion was then made to adopt the meeting minutes and was seconded by Glen Herndier.
The Association report was given by Red Goudge. Discussion continued from the floor about the billing that took place concerning the interest amount on the bill. Financial report given by Red Goudge the beginning balance in February was $9,409.00 currently the balance is $7,304.00.
Faith Anderson gave a report on the resignation letters submitted on Oct 17 2012. There was discussion about the procedure for withdrawing a letter of resignation. A motion made by Mike Miller to either accept or reject the resignation letters from the Board members by the membership of the Association was presented; Dianna Williams also made a motion to not accept the letters of resignation and was seconded by Russ Winters and voted upon by the membership. The motion carried with a majority of aye’s and 8 nays.
Motion made by Bob Anderson to accept the Association report, second by Mike Manuel. Motion carries.
Recent petition filing with County of Hidalgo was opened for discussion, Referenced property code 201. Information on chapter 201 discussion, it was explained how our HOA does not qualify under this code. The members were urged to research the property codes stated in the email sent from Elaine Clinton on January 9, 2013 for verification of the information given. The process of the petition filing was discussed. From the petition filing (Even if the requirements could be met). The ratification of said document requires 75% of the members/homeowners to approve it. Several members never received the by-laws by email to review.
Property code 209 is the chapter in which we are to follow. Motion made to accept the information given on the recent filing of the petition, seconded by Frank Huntley motion carries.
The statement that our current by-laws were voided by the State and that the City of Mission was going to take the HOA into receivership. Chapter 209 was quoted correctly. Only the provision of the current by-laws that do not follow state law is void, not the entire the document.
The contact information for Daniel Tijerina Director of Planning was given to the members for verification that the City of Mission was never going to take the HOA into receivership. The information given to homeowners at a previous meeting was explained. The example was from an HOA in Houston in which the HOA paid the utilities for the association and when it failed the city then is assigned a receiver to collect the payments. Meadow Creek homeowners pay their own utilities; The City of Mission was never going to take the Meadow Creek HOA into receivership. Opened for questions and discussion. Motion made to accept the items listed under the Texas property codes seconded by Don Neva. Motion carries
Election of New Board:
It was questioned as to the election of the board from last year. The issue of quorum was discussed and that to our knowledge there has never been a quorum. The board and the membership all agreed to properly place an entire new board of directors so that the Association can move forward in a proper manner.
Nominees were introduced with a brief bio on each of the nominees:
Faith Anderson
Victor Benavides
Red Goudge
Glen Herndier
John Hill
Question on how the terms would be staggered, it was agreed that once the Board is in place they would then appoint the officers and determine who would hold what term. Once this has taken place the members will be notified as to the officers and the terms of each position.
A motion was made by Dianna Williams to accept the nominations as listed, as it was uncontested, Bruce Ebner seconded it, and motion carries.
Motion was reopened by Beverly Miller to discuss casting ballots for the purpose of record of the association. Motion was seconded Mike Hutchins motion carries. Ballots were cast and counted. New board was elected with 169 votes of the membership.
Discussion of an Amendment to the by-laws pertaining to the quorum that states one-half of eligible voting members are necessary to meet quorum requirement. Several options were discussed. Motion made by Glen Herndier to adjust our requirement to 20% to keep the quorum the same. The motion was opened for discussion. One major concern was that Compass bank has 80 votes and could essentially control the voting if the % is too low. Darlene Schafer seconded the motion and vote was called for, the motion did not carry and was decided by the majority of the membership that we continue discussion as old business.
The meeting Adjourned at 8:45 pm.
These minutes were respectably recorded by
Betsy Ebner and Faith Anderson
Meeting of the Board of Directors
January 31, 2013
11:30 am
Purpose of meeting: to appoint officers and the terms of each board member.
One year Appointment of Officers is as follows,
President- Red Goudge
Vice President- John Hill
Treasurer- Glen Herndier
Secretary- Faith Anderson
Member at Large- Victor Benavides
Terms of each Board member:
1year term shall be: Victor Benavides
2year term shall be: Glen Herndier and Red Goudge
3year term shall be: John Hill and Faith Anderson
Committee formed to re-do By-laws it includes Glen Herndier, John Hill, Victor Benavides, Red Goudge. The goal is to have them amended to conform with new State laws as soon as possible so that the members can review and approve them before most of them return home for the summer. Special meeting with members to be held in March , 2013. Purpose of meeting is to vote on the proposed amendments , as well as vote on the completion of the fence along Inspiration and possible installation of security cameras.
Betsy Ebner will be our webmaster. Victor Benavides will work with Betsy to get the Directory up to speed.
Bills will be sent out to the members along with the mailing of the proposed By-laws amendments.
Meeting adjourned at 2:00