Other Interesting Facts

 

Over 226 of the approximately 365+ property owners in Barton Creek Lakeside are absentee owners and lot owners. Thats over 62%.

 

Both POA’s were supposedly non-profit corporations. When the Master Assn. ceased to legally exist in 1998, it would have immediately lost it’s non-profit status. Since the Master Assn. could not legally transact business, creating a new non-profit to replace itself would have apparently been void too. Apparently this would mean the new corporation could not legally claim non-profit status if it was not lawfully and properly organized.

 

On March 29, 1985, DL Ranch Inc., claiming to be declarant of the subdivision, assigned declarant rights to Ranch Associates, an entity that was not even created until a year and a half later.

 

On July 9, 1986, Ranch Associates re-stated the CCR’s of the subdivision, two months before Ranch Associates was created.

 

There have supposedly been 12 Declarants of the subdivision since it's creation in 1982. With 6 different declarants in a 13 month period during 1991 and 1992!

 

On Feb. 11, 2005, the directors of the illegally operating Master Assn approved application for a line of credit with Security State Bank & Trust even though the Master Assn could not legally transact business! Sounds like falsifying an application for credit, among other things (didn't a former Attorney General go to jail for a similar stunt) It was reported in the Feb 23, 2005 board meeting that the line of credit was approved by the bank. The board authorized the chairman to sign the bank documents for the POA. Wonder if the statute of limitations has run on that one.

 

Based on the board meeting minutes of the illegally operating Master Assn., it appeared to have been known by the directors sometime prior to April of 2005 that the Master Assn. had no legal status and was transacting business illegally, yet they continued to operate anyway and money was still being deposited into the bank account of that non-existent entity in 2008! (show Me The Money!)

 

In the board meeting of Oct. 15, 2005, it was for the first time recorded that the Articles of Incorporation of the Master Assn "expired" in 1998. Articles of Incorporation can be restated, but they seldom "expire", A corporation such as that one couldn't "expire" either, it could be dissolved or it's charter could be forfeited (and was). If by "expired" the directors meant "died" that was probably appropriate, in any event, transacting business and collecting dues from property owners in the first place wasn't legal starting in 1998! In that same meeting they discussed the creation of the replacement corporation and implementation of new by-laws once it was chartered, EVEN THOUGH THEY LACKED ANY LEGAL AUTHORITY TO CREATE ANYTHING!! They also made plans for a member meeting which they could not legally call or have! It is simple, they knew (and recorded in the minutes) that they had no legal right to transact any business, but they did it anyway! Maybe they were counting on the property owners not knowing about it and not knowing it wasn't legal.

 

On December 10 and 12, 2005, a number of directors elected by the illegally operating Master Assn. held an organizational meeting of the newly chartered Barton Creek Lakeside POA Inc. At that meeting these Master Assn. elected directors ratified by-laws and elected officers. Kinda like the directors of Enron making decisions for Exxon.

 

In the March 11, 2008 directors meeting of the alleged POA, the directors passed a resolution concerning the number of signatures required on the Master Assn bank account (remember, the Master Assn hasn't legally existed since 1997, and can't legally have a bank account either). In other words, the directors have made a written record of providing a resolution to a banking institution on a bank account that neither belongs to BCLPOA or should even legally exist!

 

At the July 8, 2008 directors meeting of the alleged POA, the board increased the up front new home construction deposits and fees to owners and builders from $2000 to $8500. Talk about inflation! That's a 425% increase as fast as the directors can say "AYE"! Just figure on adding $8500 to the cost of your new home or deducting $8500 from the value of your lot, which ever way you want to view it. $2500 of that is for plan review only! Isn't that supposed to be the job of an Architectural Review Committee?