WHISPERWOOD HOME OWNER’S ASSOCIATION
BOARD MEETING NOTIFICATION
Groves Branch Library
JULY 17, 2025
6:00 PM
On behalf of the entire Board of Directors for the Homeowner’s Association, and all of your fellow Residents, we welcome you to Whisperwood!
We hope you will enjoy living in our Community and encourage you to become an active member of the Whisperwood HOA. It is designed to help maintain the community and provide for its upkeep via the payment of annual dues from each Resident.
WHISPERWOOD HOME OWNER’S ASSOCIATION
BOARD MEETING NOTIFICATION
Groves Branch Library
JULY 17, 2025
6:00 PM
This proposed pool policy outlines the plans and guidelines for the operation of the Whisperwood HOA community pool for the 2025 season. Our goal is to ensure a safe, enjoyable, and well-maintained pool environment for all residents. Please note that the seasonal pool rules will be developed in cooperation with the hired pool employees and will be communicated before the pool opens.
May: Open on Fridays, Saturdays, and Sundays, weather-dependent.
June, July, and August: Open Tuesday through Sunday.
September: Open on Fridays, Saturdays, and Sundays, weather-dependent.
Closed for Pool Parties when scheduled.
May & September: 10:00 AM to 9:00 PM
June, July, & August: 10:00 AM to 10:00 PM
Budget Allocated: $30,000
We propose to hire pool attendants to oversee pool operations during open hours. The staffing decision will be based on availability, budget considerations, and the best interests of community safety, an obligation for which the association provides as part of their fiduciary duty.
ALL POOL STAFF WILL BE HIRED OUTSIDE OF THE ASSOCIATION.
WE WANT ALL MEMBERS TO COME AND ENJOY THE POOL, NOT WORK AT THE POOL.
While the board wants to attract and retain good employees for the entire summer, it likely will not require the entire $30,000. This was just a number suggested by way of a percentage of the operating budget during research and development of the overall budget. It can actually cost thousands less to staff and as such, the over budgeted amount would simply be added to the Reserves Account at the end of the pool season. It’s always better to estimate high, rather than run over and short your budget.
Hours: Tuesday – Sunday 8:00am to close.
Safety Oversight: Monitor pool activities to ensure the safety of all swimmers.
Rule Enforcement: Enforce pool rules and regulations to maintain a safe environment.
First Aid Response: Call 911 in case of an emergency.
Maintenance Support: Assist with basic pool upkeep, including daily chemical check, cleaning bird poop at entrance area, cleaning skimmer baskets, arranging furniture and ensuring cleanliness to include cleaning the bathrooms.
Access Control: Verify residency or guest status to prevent unauthorized pool use.
Collaboration: Work with the HOA board to develop and implement seasonal pool rules.
Reporting: Document and report any incidents, maintenance issues, or safety concerns to the HOA management promptly. Prepare monthly pool reports to monitor usage.
Customer Service: Provide friendly assistance to residents and address any questions or concerns.
Budget Allocated: $10,000
Proposed Maintenance Schedule and Costs (estimates)
Opening the Pool: $1,000
May & September:
June, July, & August:
Closing the Pool: $1,000
Total Estimated Maintenance Cost: $8,400
Again, these are estimates based on research and using percentages as recommended for the type, size, and usage of the pool. We don’t anticipate it costing more, but it could cost less after we obtain bids for this type of service. The remaining budget in this scenario of $1,600 would be added to the Reserves Account at the end of the pool season.
Residents may reserve the pool for private parties under the following guidelines:
Advance Notice: Parties must be scheduled at least two weeks in advance.
Maximum Number of Parties: Determined based on availability and staffing capabilities.
Duration: Parties should not exceed _____ hours, including setup and cleanup time.
The pool rules will be developed in collaboration with the hired pool employees to ensure they are practical and enforceable. These rules will focus on safety, hygiene, and respectful use of the facility. The finalized rules will be distributed to all residents prior to the pool opening.
This proposed policy is designed to provide a framework for a successful and enjoyable pool season in 2025. We welcome feedback from residents to help refine these plans. Please direct any comments or suggestions to the Whisperwood HOA board at whoalubbock@gmail.com or submit your questions in the comment section of this website.
WHOA BY-LAWS – Retyped and fits on 8.5 x 11 page
WHOA Bylaws Amendment 2013 Records Request
WHOA Bylaws Records Retention 2013 Records Retention
WHOA_Restrictive Covenants Original
Amendment of Restrictive Covenants
Dedication Deed
Texas Property Code Chapter 209
Texas Property Code Chapter 22
Texas Property Code 202
A properly noticed meeting was held on (date) to ratify the votes taken at this meeting.
Date: November 12, 2024
Location: LCU campus, Dobbs Center for Business Bldg.
Time: 6:00 pm
Approved: December 12, 2024
Board Members Present:
Randal Hamilton, President
Robert Guerrero, Vice-President (will be recording the minutes of the Board
Meeting)
Priscilla Elliott, Member at Large
Marnee Gamble Bolen, Member at Large
General Members Present:
A number of general members attended the meeting (names not recorded).
Call to Order
Meeting was called to order by President Randal Hamilton at 6:08. A quorum was
met to proceed with the Board meeting.
Randal Hamilton presented information as to why the meeting was being held at
LCU campus, Dobbs Center for Business Bldg.
The Board then went on to cover the agenda issues:
Governance Issues:
1)Randal Hamilton discussed what it takes to get on the agenda at a Board meeting.
He discussed some of the same issues as the last Board meeting on staying with
governance rules, having members of the HOA speaking to him to get an item on
the agenda for any Board meeting.
2)The Secretary/Treasure was unable to make the Board meeting and since there
was a quorum, the Board will go on with the meeting and cure any concerns
addressed on the November 12, 2024 meeting at next appointed meeting date so
not to do/discuss everything at the same time.
Minutes from November 1, 2024:
Randal Hamilton presented a letter from the Secretary/Treasurer that dealt with a
Point of Order (Governance complaint) that addressed the scheduling of a meeting
on November 12, 2024 to be submitted into the minutes of November 1, 2024.
Letter was read to members and general members attending the meeting. Decision
was made that letter would not be included in the meeting of November 1, 2024,
but would be read on the meeting of November 12, 2024. Letter is available
through Randal Hamilton.
Randal Hamilton expressed his outlook on the minutes from the November 1, 2024
of how some of reporting was not appropriate/professional. He asked for other
Board members to comment on the same minutes. Robert commented all reports
should be done in a professional and neutral way. Marnee Bolin agreed. A Point of
Order was brought up by Marnee Bolin that the Board take the minutes from the
November 1, 2024 meeting and highlight statements that needed to be
changed/reworded.
Randal Hamilton then stated he would ask the Secretary/Treasurer to remove any
remarks not being appropriate/professional according to Robert’s Rules of Order.
Motion was made to do changes to the minutes of November 1, 2024 on the
wording of some of the minutes by Marnee Bolin and seconded by Robert Guerrero.
The votes were 3 to 0 as Priscilla Elliott abstained. Motion passed.
Marnee Bolin then moved not to approve minutes until changes are made for a final
reading. Robert Guerrero seconded the motion. Motion passed with a vote of 4-0.
Randal Hamilton then made a motion that in the future the minutes need to be
changed before being printed for community members. Motion passed 4-0.
Opportunity for Members to Address Board:
Santiago Ramariz was given an opportunity to have input on the pool project
because he did not have a chance to do so at the November 1,2024 meeting
because of early departure by him. He stated everything was looking good and
commented that getting a professional to help get the pool issue moving was a good
thing.
Question was asked on the monitoring of the pool as to whether the pool still
needed to be maintenance since it was not in use anymore for this year. Randal
Hamilton stated that would be addressed more specifically later in the meeting
when we got to the Pool Policy part of the agenda.
Another question came up on the minutes from a Board meeting held in October
and it was determined that point was moot since the minutes had already been
approved.
Question was raised by Santigo Ramirez on time required for posting of agenda.
Randal Hamilton answered question.
Review Bills presented for Payment and Their Status:
Randal Hamilton stated that Whisperwood HOA had been billed for pool
maintenance even though the pool had already closed for the 2024 year. He
contacted the company and was informed that they had made a billing error.
Therefore, there was no payment for that monthly bill.
Randal Hamilton stated that there was a bill from Leslie’s (provides chemical
supplies) for pool chemicals that had been paid by Santiago Ramirez out of his own
funds. The amount paid was $249.00. Randal Hamilton had original receipt that
was given to him by Santiago Ramirez. Motion was made by Marnee Bolin to
reimburse Santiago Ramirez the amount of $249.00 for the purchase made. Robert
Guerrero seconded the motion. Motion passed 4-0.
Pool Policy
Board moved to discuss Pool Policy agenda item. Randal had received information
regarding the status of the pool situation. No action or inspection can be done until
construction begins. Therefore, the pool still needs to be maintained until bids are
done.
Randal Hamilton brought up the purchase of a water flow/volume meter verses
getting a separate water meter. There was a big difference in cost but the results
would be the same. Randal Hamilton had information on it and it was passed
around to the Board members to review. Robert Guerrero made the motion to
purchase the water flow/volume meter and was seconded by Priscilla Elliott.
Motion passed 4-0.
Report From Board Members on Attorney Search:
Randal Hamilton updated the Board on our current attorney resigning. He had
talked to the attorney and the attorney reassured Randal Hamilton that he would
do whatever he could to make the transition as smooth as possible as we looked
for a replacement.
Marnee Bolin then reported on her exploration of possible attorney candidates.
She had made several inquiries into other attorney availability other than Madelyn
Deviney who was a candidate in our search.
Robert Guerrero also reported on the meeting stating she had made a positive
impression on her professionalism, expertise, and availability for consideration.
Priscilla Elliott said she had done some exploration of her own and stated she had
a list of candidates for considerations.
Marnee Bolin stated she would continue to explore all considerations and would
report back to the Board. Robert Guerrero would be included in looking at all
possible candidates.
Status and Review of Tabled Items:
Motion was made by Robert Guerrero to open the status and review of tabled
items, specifically the election information agenda item that had been tabled
earlier. Marnee Bolin seconded the motion. Motion passed 4-0.
Election Policy:
Marnee Bolin presented copies of Board Member Tentative Election Policy for
January 13, 2025 for Board members that addressed items on the member
elections scheduled for January 13, 2024. Changes or addons are highlighted in red.
Marnee Bolin then addressed the Electronic voting process.
Priscilla Elliott introduced where the Whisperwood HOA bylaws do not allow for
electronic voting, thus if done, it would be an invalid election. There was some
discussion among the Board Members of outdated bylaws and adherence to them.
The only viable solution was to have legal assistance to update the outdated bylaws
to meet the needs of today’s Whisperwood HOA members.
Marnee Bolin continued to explain changes or rewording of the election procedures
that were highlighted in red.
Randal Hamilton then asked about the election timeline and deadlines. It was
noted that the Secretary/Treasurer had sent an e-mail on October 19, 2024 with
those guidelines. Randal Hamilton then brought up a question about nominations
from the floor and how it would affect mail in ballots validity. Marnee Bolin stated
she would check into that question.
Randal Hamilton strongly urged that the Board had to move on the election process
as there was the work of getting ballot forms, proxy forms, mail outs, and there was
time constraint.
On the section of Proxy voting, a motion was made to remove the maximum of Five
(5) Proxy at any one time. Motion was made by Robert and seconded by Marnee
Bolin. Motion passed 4-0.
A motion was made by Robert Guerrero to delete in the Proxy Verification section
the word “numbered” from the statement “The numbered proxy form must be
presented… “to “The proxy form must be presented….” Motion was seconded by
Priscilla Elliott. Motion carried 4-0.
In Section 5, Election Day Procedures, Collection of Ballots, a motion was made by
Randal Hamilton to change “Board Secretary will collect all ballots and proxies…” to
read “a designated third party will collect all ballots and proxies…” Robert Guerrero
seconded the motion. Motion passed with a 4-0 vote.
In Section 7, Quorum Met Procedures, Vote counting, a motion was made by Randal
Hamilton to change “the Board Secretary” to “a designated third party” will
proceed to count the votes. Motion was seconded by Robert Guerrero. Motion
passed 4-0.
A motion was made by Robert Guerrero to keep all red line changes in the
“Requirements” except for the added “Electronic” word. Priscilla Elliott second the
motion. Motion passed with a vote of 3 for and Marnee voting against the motion.
Motion was made by Randal Hamilton to appoint Rehj Hoeffner and Robert
Guerrero to head the election process and move forward with the steps to get
forms, ballots, information, dates and deadlines ready for the January 13, 2025
elections. Motion was seconded by Priscilla Elliott. Motion carried 4-0.
Budget2025:
No discussion on this agenda issue.
Setting of Next Meeting Date:
Randal proposed that the next Board meeting would be December 12, 2024 at 6:00
pm at the Groves Branch Library.
Randal Hamilton made a motion that the Board allow him to pick a new date and
place should a conflict arise if designated date is not workable for all Board
members. Robert Guerrero seconded the motion. Motion carried 4-0.
Adjournment of Meeting:
Priscilla Elliot made motion to adjourn and was seconded by Marnee Bolin. Motion
passed 4-0
Whisperwood Home Owner’s Association
Minutes of the Whisperwood HOA Board Meeting
November 1, 2024
Date: November 1, 2024
Location: Groves Branch Library
Time: Meeting called to order at 6:02 pm
Approval: December 12, 2024
Attendees
Board Members Present:
• Randal Hamilton, President
• Robert Guerrero, Vice President
• Rehj Hoeffner, Secretary/Treasurer
• Priscilla Elliott, Member at Large
• Marnee Bolen, Member at Large
Association Members:
Several members of the association were present in the audience.
________________________________________
Meeting Proceedings
Call to Order
The meeting was called to order by Randal Hamilton at 6:02 pm, with a quorum of board members confirmed.
________________________________________
Governance and Agenda Protocol
Randal Hamilton discussed the governance of the new board and the process for getting items on the agenda.
________________________________________
OLD BUSINESS
Approval of Previous Meeting Minutes
• Rehj Hoeffner mentioned corrections made to the previous minutes and moved to accept them as amended.
• Robert Guerrero seconded the motion.
• The motion carried unanimously.
• Outcome: The minutes of the October 16, 2024 Board Meeting were approved as amended.
Action Item: Marnee Bolen inquired about additional changes to previous minutes. Rehj Hoeffner assured her the corrections were made but noted the webpage revision had inadvertently not been made permanent. Rehj Hoeffner agreed to ensure that this revision is updated on the website.
Note: Before these minutes were published, the pending website revisions were completed, ensuring all corrections are reflected both in the official minutes and on the association’s webpage.
________________________________________
NEW BUSINESS
Treasurer’s Report
Rehj Hoeffner provided the Treasurer’s report and requested a motion to pay outstanding bills and honor existing contracts entered into by the previous, now-recognized invalid board.
• Marnee Bolen moved to accept responsibility for fulfilling previous contracts to ensure continuity of obligations.
• Priscilla Elliott seconded the motion.
• The motion carried unanimously.
• Outcome: The Treasurer’s request for permission to pay bills until a new budget is passed was approved.
________________________________________
Dual Signatures on Checks
Presidential Directive (Not on Agenda): Randal Hamilton commented that, moving forward, all checks will require two signatures to ensure accountability.
________________________________________
Appreciation for Pool Volunteers
Discussion took place regarding recognition for pool volunteers with a gift card.
• Marnee Bolen suggested a proclamation and an amount equal to the 2025 staffing budget allocation ($30,000) split evenly for volunteer appreciation.
• Priscilla Elliott moved to give $50 gift cards to the volunteers.
• Robert Guerrero seconded the motion.
• The motion carried with four votes; Marnee Bolen voiced abstention.
• Outcome: $50 gift cards will be given to those serving as volunteers at the pool during the 2024 pool season.
Action Item: Randal Hamilton requested a letter of appreciation to accompany the gift cards.
• Robert Guerrero moved to have a letter of appreciation written and presented with gift cards for $50 to the pool volunteers.
• There was a delay in receiving a second; Marnee Bolen eventually seconded the motion.
• The motion carried with three votes in favor; Priscilla Elliott and Rehj Hoeffner abstained by default.
• Outcome: A letter of appreciation will be written to accompany the gift cards.
• Procedural Irregularities
Seconding the Motion
Voting Procedure
Additional Action Item: Marnee Bolen will provide the board with a list of 2024 pool volunteers, with no deadline stated.
________________________________________
Pool Renovation Bids and Project Management
The board discussed the need to re-bid outdated pool renovation bids and considered appointing a project manager to oversee specifications.
Pool Consultant:
Randal Hamilton shared that Chad Seay agreed to act as a project manager without charge, but there was discussion about potential compensation.
• Marnee Bolen moved to appoint Chad Seay as the “point person” while seeking an alternate project manager.
• Outcome: Motion failed for lack of a second.
• Rehj Hoeffner then moved to appoint Chad Seay as the “pool consultant” to work alongside Randal Hamilton and Robert Guerrero.
• Priscilla Elliott seconded the motion.
• The motion carried unanimously.
Pool Overseer:
Marnee Bolen moved to have Chad Seay oversee the project with Robert Guerrero and Randall Hamilton.
Robert Guerrero seconded the motion.
The motion carried unanimously.
Outcome: Chad Seay will serve as both to “oversee the pool project” and “pool consultant” with Randal Hamilton and Robert Guerrero.
Action Item: The board should draft a policy outlining the specific duties and responsibilities of the “pool consultant” and the Pool Renovation Project oversight team (Chad Seay, Randal Hamilton, and Robert Guerrero). This policy should be prepared for review and adoption at the next board meeting.
________________________________________
Additional Volunteer Support for Pool Project
Chad Seay suggested potential candidates for the project leadership role, including Santiago Ramirez, who holds an engineering degree, and Tim Collins. Concerns were raised regarding the personal liabilities associated with the position, and Santiago Ramirez indicated he did not wish to be involved.________________________________________
Rubber Cement Coating Presentation
A presentation was given on the use of rubber cement coating for the pool area. Following the presentation, Rehj Hoeffner requested additional information on paver options and quotes.
Marnee Bolen stated that paver information and samples had been presented in a previous meeting. However, Rehj Hoeffner, who attended that meeting, noted she only observed Cool Deck examples, but had observed no paver examples.
Audience members began to comment vocally on a variety of subjects. Chad Seay intervened to remind attendees that the Board is required to adhere to the agenda for an orderly discussion.________________________________________
Proposed Work Session
Chad Seay suggested holding a “work session” before the next board meeting to allow members the opportunity to voice grievances. The suggestion was discussed informally, but no vote was taken.________________________________________
2025 Proposed Budget
Randal Hamilton presented the proposed 2025 budget for a vote.
Public Review: The budget has been published on the website for two months, allowing board members and home owner’s alike to review and submit questions or concerns.
Member Feedback:
One question was received regarding the tools used to prepare the budget, which included pencil, paper, computer, analytic skills, and previous board experience.
Another request to post the 2023 financials was received and complied with. Additionally, the 2022 financials were also posted. More years to be posted as time permits.
• Robert Guerrero moved to accept the proposed 2025 budget as published.
• Instead of a second, Marnee Bolen moved to table the 2025 budget for additional information, stating discrepancies without giving specifics or asking questions.
• Marnee Bolen requested a second, and Robert Guerrero provided it following her prompt.
• The motion carried with three votes for and two against.
• Outcome: The 2025 proposed budget was tabled for futher research and additional information.
• Revisit Date: No specific date was set to bring the 2025 Proposed Budget back from the table.
• Condition for Resolution: No specific conditions were outlined for resolving the tabled 2025 Proposed Budget.
• Procedural Irregularities
Premature Motion to Table
Tabling Without Specific Reason
Tabling Due to Lack of Preparation
Inappropriate Tabling of Amendable Items
Soliciting a Second
________________________________________
2025 Proposed Pool Policy
Randal Hamilton brought up mixed member feedback on pool staffing.
• Marnee Bolen moved to table the Proposed 2025 Pool Policy, but received no immediate second.
• A second for her motion was requested, and Robert Guerrero provided it following a prompt.
• The motion carried, with three votes in favor; Priscilla Elliott and Rehj Hoeffner abstained by default.
• Outcome: The Pool Policy was tabled.
• Revisit Date: No specific date was set to bring the budget back from the table.
• Condition for Resolution: No specific conditions were outlined for resolving the tabled budget.
• Procedural Irregularities
Premature Motion to Table
Tabling Without Specific Reason
Soliciting a Second
Repeated Tabling
Voting Process
________________________________________
Community Survey
Presidential Directive (Not on Agenda): Randal Hamilton suggested a community survey to gather feedback on future policies for board consideration. No vote was taken, as the item was not on the agenda.
________________________________________
Attorney Search
Discussion on the need to hire a new attorney due to the current attorney’s retirement.
Marnee Bolen and Robert Guerrero volunteered to seek out candidates for the board’s legal counsel.
• Priscilla Elliott moved to approve their role in finding a new attorney
• Robert Guerrero seconded the motion.
• The motion carried unanimously.
• Outcome: Robert Guerrero and Marnee Bolen will interview attorney’s to represent WHOA when Robert St.Clair resigns at the end of the year.
Following this decision, Marnee Bolen requested permission to speak with the current attorney to facilitate the transition process. However, no vote was taken.________________________________________
2025 Proposed Election Policy and Timeline
Discussion:
Randal Hamilton presented the proposed 2025 election timeline and policy, which includes mail-in, proxy, and in-person voting procedures. The nomination period is scheduled to begin on November 18, 2024.
Development:
Board President Randal Hamilton assigned Rehj Hoeffner and Marnee Bolen to collaborate on drafting the 2025 Proposed Election Policy. A draft was submitted by Rehj Hoeffner to Marnee Bolen on October 19, 2024, for review and feedback.
Comments:
Marnee Bolen raised a concern that ballots and proxies should not be requested on the same day nominations close.
• Marnee Bolen moved to table the 2025 Proposed Election Policy, but the motion received no immediate second.
• After repeated prompting, Robert Guerrero seconded the motion.
• The motion carried with three votes; Priscilla Elliott and Rehj Hoeffner abstained by default.
• Outcome: The Election Policy was tabled.
• Date to Revisit: No specific date set to take from the table.
• Condition for Resolution: No specific conditions were outlined for resolving the tabled budget.
• Procedural Irregularities
Premature Motion to Table
Tabling Without Specific Reason
Tabling Due to Lack of Preparation
Soliciting a Second
Repeated Tabling
Voting Process
________________________________________
Meeting Scheduled
The next meeting was initially set for November 14 but was rescheduled to November 12 at Marnee Bolen’s request.
No change in venue was noted nor was any vote taken.
The annual meeting and election of Board Members has been set for January 13. During this meeting, a suggestion was made for board members to familiarize themselves with Robert’s Rules of Order to support effective governance and procedural adherence.________________________________________
Adjournment
• Robert Guerrero moved to adjourn the meeting at 8:30 pm.
• Marnee Bolen seconded the motion.
• The motion carried unanimously.
Adjusted Minutes Submitted by:
Rehj Hoeffner, Secretary/Treasurer
Date: October 16, 2024 Amended
Location: Groves Branch Library
Time: 6:00 pm
Board Members Present:
Candidates:
General Members Present:
A number of general members attended the meeting (names not recorded).
Call to Order
The meeting was called to order by Acting Chair, Paul Combest at 6:05 pm. A quorum was not present. (Amendment approved at the 11.1.24 Board Meeting)
Candidate Presentations
Nine candidates, including Randal Hamilton, Rehj Hoeffner, Jerry Ramirez, Bryan Foley, Santiago Ramirez, Marnee Gamble Bolen, Mary Irving, and Robert Guerrero, stood to present why they wanted to serve on the board. Each candidate briefly outlined their qualifications and vision for the community. Paul thanked all candidates for their interest and participation.
Board Appointments
After deliberation in a private session, Paul Combest made a motion to appoint Randal Hamilton and Rehj Hoeffner to the board. Priscilla Elliott seconded the motion. The motion was passed unanimously.
They were unable to reach a decision on the appointment of a third board member. As a result, Randal Hamilton and Rehj Hoeffner were seated on the board, making a total of four sitting members.
Selection of Third Board Member
It was agreed that the four board members (Paul, Priscilla Elliott, Randal Hamilton, and Rehj Hoeffner) would collectively decide on the appointment of a third board member.
Paul called for a vote on the nominations.
With a majority vote of 3 to 1, Robert Guerrero was appointed to the board.
Election of Officers
Nomination for President
Paul called for nominations for President.
There were no other nominations. A vote was taken, and Randal Hamilton was elected unanimously as President.
Paul turned the meeting over to the new President, Randal Hamilton.
Nomination for Vice President
Randal Hamilton called for nominations for Vice President.
There were no other nominations. A vote was taken, and Robert Guerrero as elected unanimously as Vice President.
Nomination for Secretary/Treasurer
Randal Hamilton called for nominations for Secretary/Treasurer.
There were no other nominations. A vote was taken, and Rehj Hoeffner was elected unanimously as Secretary/Treasurer.
Priscilla Elliott and Paul Combest were designated as Members at Large.
Resignation of Board Member
Paul Combest announced his resignation from the board after 14 years of service.
Randal Hamilton called for nominations to fill the open position.
There were no other nominations. A vote was taken, and Marnee Gamble Bolen was appointed unanimously to the board.
Priscilla Elliott and Marnee Gamble Bolen will serve as Members at Large.
Finalization of Reconstituted Board
The finalized reconstituted board was announced as follows:
Questions from the Membership
Following the announcement of the board, questions were entertained from the general membership. Topics included:
Discussion of Bylaws, Elections, and Online Voting
During the meeting, repeated attempts were made by members to get the board to commit to:
Board Response:
The board acknowledged these requests but reiterated that they were unable to commit to or take action on these matters during the current meeting. The board cited that these items were not on the official agenda for the meeting, and per the bylaws and Robert Guerrero’s Rules of Order, no business could be conducted or decisions made on matters not listed on the agenda. (Amendment approved at the 11.1.24 Board Meeting)
The board assured members that these topics would be considered for future meetings.
Financial Report and Non-Profit Status
Rehj Hoeffner gave a report on the non-profit status of the association. She outlined the following financial details:
Randal Hamilton noted that the association’s Certificates of Deposit (CDs) came due while there was no constituted board in place. The bank recommended renewing the CDs for 90 days at an interest rate of 4.95%.
This renewal was suggested as a temporary measure until the board could review and make decisions on longer-term financial planning.
Approval of Previous Meeting Minutes
August 18th Meeting Minutes
Rehj Hoeffner requested proof that the minutes from the August 18th meeting had not been altered since Ian Hoeffner, the website administrator, uploaded them. She noted one unrelated change.
Proof of the unaltered meeting minutes was added here.
September 4th Meeting Minutes
Marnee Gamble Bolen requested that the minutes from the September 4th meeting be amended to correctly reflect the spelling of her name on the list of attendees.
September 19th Meeting Minutes
The minutes from the September 19th meeting were reviewed.
Request for Recording Transcript
Randal Hamilton requested a copy of the transcribed recording of the September 19th meeting from Geri Irving. Geri Irving responded that she had not transcribed the recording because no one had requested it until now.
Pool Committee Report
Randal Hamilton asked Bryan Foley for a report from the Pool Committee. Bryan Foley suggested that the committee should obtain new bids from each company, as the prices may now be lower and some of the previous bids had expired. He passed around a spreadsheet detailing the companies that had submitted bids.
Bryan Foley also mentioned that the committee had received another bid but had not shared it with the general membership at the time.
A member cautioned the board to ensure sufficient excess reserves are available, as pool renovations typically run 90% over budget.
Next Meeting
The next board meeting was set for November 1.
Adjournment
The meeting was adjourned at 7:30 pm.
Submitted by:
Rehj Hoeffner/
Secretary/Treasurer
Date: September 19, 2024
Location: Priscilla Elliott’s home
Attendees: Epi Aquirre, Rahim Borhani, Pam Sweeten, Karen Campbell, Jack Stoffregen, Karen Moorhead, Robert Guerrero, Santiago Ramirez, Katherine Holbrook, Bryan Foley, Ray and Mary Haiduk, Kenny and Suzanne Venable, Randal Hamilton, Bruse and Leslie Ansley, Anthony & Joelle Capwell, Mary Irving, Rehj Hoeffner, Priscilla Elliott, Paul Combest, Geri Irving
The meeting was called to order by Epi Aquirre at 6:11pm. There was a quorum of board members present.
Epi welcomed everyone that had come to the meeting and reminded everyone it is the boards responsibility to keep everyone informed of what is going on with the pool and the finances.
Discussion ensued about video recording the meeting. Objections were made to both audio and video recording with some members being fine with either. It was decided that it would be audio recorded and Geri agreed to transcribe the meeting and make the transcript available to any member that requested it.
Priscilla Elliott made a motion to nominate Rehj Hoeffner to be Secretary/Treasurer. Paul Combest seconded the motion and Epi asked for a vote. The vote carried 4-0, Rehj didn’t vote. Rehj made a motion to nominate Priscilla Elliott to Vice President since the board was lacking a VP and the bylaws stipulated it be one of 3 officers that comprised the Board. Bryan Foley stated he would like to put his name in the hat, as some board members had been in these same positions for years and he would like to see new people in these positions. Discussion ensued about this nomination as a few people were visibly upset about it. Bryan rightly mentioned that the election of officers was not on the agenda and was improperly brought up. Rehj conceded this to be the case and that the vote making her Secretary/Treasurer was also invalid. Priscilla will remain Secretary/Treasurer and Rehj will remain Member at Large.
The subject of elections in January was brought up and how to get a quorum to hold elections for a Board of Directors. Discussions ensued on the subject with questions about mail in ballots and proxies being made available or possibly mailed out with the Dues Notice in January. Also, the possibility of making the forms available on the website was discussed. Geri said there were ways around the quorum requirement but gave no specifics. Rehj disagreed and has attached a Summary of By-Laws and Quorum requirements to these minutes. Santiago mentioned that he found ballots from 20 years ago in the groundskeeper shed. It was decided to have elections to fill the VP slot at the next board meeting.
Santiago went over the pool bids and was asked if they were all comparable. No, they are not. Bryan said he would make a spreadsheet making comparisons easier. Bryan also spoke about pavers for the pool surround rather than what had originally been discussed. Paul Combest asked what the price of just the pool reno was if it could be broken out. Discussion led to a figure of $60,000 for the pool and $30-40,000 for the area around the pool.
Karen Morehead commented that the bid was likely the starting point, that it WOULD end up costing more in the end, to just count on it. Many agreed with her.
Installing a double drain was mentioned regarding when we reno the pool to bring us to code. Only 1 bid included a double drain. Discussion moved to ADA compliance and Bryan noted that since we are a private pool, we do not have to comply with ADA but that we might want to look at doing some things to help those that would benefit from a sloped entrance and possibly making 1-bathroom handicapped access. Discussion moved to increasing the depth of the pool since it was going to be dug out anyway. It seemed that the consensus was to leave the depth alone, that it worked well for young children. Epi asked the Pool Committee to make recommendations to the Board on who they would prefer to do the work and then we would vote on it, noting that bids may end up being more since extra work could be involved once the project was started. Paul asked how long the project might take and Santiago reported that he was told 3 to 4 months. Epi mentioned that we would need a project manager.
Discussion turned to the existing pool and issues people had this summer, such as with the handrail and no available swimming lanes. A ramp for ADA entrance into the pool was discussed again.
Discussion about posting bids on the website and any discussion the Board had regarding the pool reno. The pool house and bathroom reno was brought up and whether there was hot water available in either the bathrooms or the kitchen. Many felt we should do the whole project and include the pool house and bathrooms in addition to the pool reno. Finances were discussed and if there was enough money available and when the CDs were going to come due. Bryan said he felt the CDs were likely laddered so that they would come due as we needed them. A discussion was had about the availability of funds, with a few mentioning we should have already discussed finances and if we needed an additional assessment to fund the project. Kenny was able to give approximate amounts of the CDs and said they were coming due in January. Several mentioned that we might not be able to start the project until January in that case. Kenny mentioned the money in the Money Market Account would be available any time.
It was decided we needed to do what was best for the community and that the water fountain needed to be moved outside or in the hallway of the bathrooms. Epi asked the Pool Committee to seek bids for the bathroom remodel.
The meeting was adjourned at 7:22pm by Epi Aquirre.
Epi handed the Treasurer three checks for $200 each as pool party income.
Attachment: WHOA Quorum Requirements
Date: September 4, 2024 Amended
Time: Called to order at 6:40 PM
Location: WHOA Swimming Pool
Attendees:
Epi Aguirre, President
Priscilla Elliott, Secretary/Treasurer
Paul Combest, Member at Large
Bryan Foley, Member at Large
Rehj Hoeffner, Member at Large
Tim Collins
Paula Randolph
Marni Katz Marnee Bolen (Amendment approved at the 10.16.24 Special Board Meeting)
Karen Moorehead
Jack Stoffregen
Mike Murphy
Pam Sweeten
Santiago Ramirez
Katherine Holbrook
Trinidad Tolar
Steve Hoeffner
1. Pool Renovations Discussion:
Bids: Bryan presented a bid for $107,000, excluding an additional $27,000 for the cool coat for the pool deck. Santiago is awaiting a response to his bid request.
Itemization of Costs: Tim inquired about how the bids would be presented and whether they would be broken down into separate items.
Clarifications: Leslie clarified terms to help with discussing different parts of the project:
Bryan, Tim and Paul Combest discussed the concerns regarding the oak tree in the North East corner of the pool area and changing the approach for bidding on pool renovations. Regarding the approach to renovations, we should consider providing a scope of work approach so that bids are more easily comparable and that all renovation concerns are considered. Currently, the bids are the recommendations from pool companies with each bid possibly addressing different issues. It was also discussed to move bidding to October where bidding may be more favorable to the HOA. Regarding the oak tree, it was discussed that the material should possibly be changed from poured concrete to pavers or synthetic wood to allow for tree growth.
2. Pool Waiver Issue:
Business Loss Claims: Mike Murphy raised concerns about business losses incurred due to an unsanctioned pool waiver. Rehj noted that by-laws may prohibit restricting access to common areas for members who have paid dues. Jack disagreed, stating the board can alter pool hours or charge fees for use of common areas. Rehj countered that the waiver was shifting liability and pool maintenance from the HOA to landlords without changing the by-laws as required.
3. Pool Resurfacing
Samples: Bryan presented resurfacing samples for the pool, deck, and patio. Discussion shifted to the coping, which has started pulling away from the pool’s edge. Both Bryon and Santiago stated their bids would address this issue.
4. Election Concerns:
Santiago raised the issue that elections were not held in May as previously mentioned by Kenny. Rehj suggested elections could be held in January if a quorum is reached. Bryan disagreed, stating that elections could proceed without a quorum, although their validity might be questioned. Katherine emphasized that holding elections was the right course of action, even without a quorum. Paul noted the historical lack of interest in board positions and the challenge in filling them over the years. Santiago stated he discovered mail-in ballots from elections held over 20 years ago in the groundskeeper shed. Karen suggested interested individuals should submit their names to be kept on file and the board could chose from these names whenever board positions open. There was no opposition to this idea.
5. Additional Pool Facility Enhancements
Discussions: Attendees broke into smaller groups to discuss:
Adjournment:
The meeting was adjourned at 7:45 PM.
Date: August 18, 2024 Amended
Time: 6:00 PM
Location: Priscilla Elliott’s Home
Attendees:
EPIFANO AQUIRRE – President
PRISCILLA ELLIOTT – Secretary/Treasurer
PAUL COMBEST – Member at Large
REHJ HOEFFNER – Member at Large
BRYAN FOLEY – Member at Large
Meeting Agenda:
Opening Remarks:
Epifano opened the meeting by welcoming all members, especially highlighting the
presence of new members.
Purpose of the Meeting:
Epifano stated that the primary purpose of this meeting was to serve as a meet
and greet, allowing members to get acquainted with each other, reiterating the
point of the meeting was to foster familiarity and collaboration among the Board.
The focus was on building rapport rather than diving into formal business;
however, some pressing business was discussed.
Discussions:
Community Updates: Although not the main focus, Epifano briefly touched on
some issues that needed discussion.
1. Pool / Pool Committee and related issues
2. Dead Trees in Neighborhood
3. Pool Renovation Project
4. Pool Season 2025
Pool / Pool Committee and related issues
The importance of meeting with the pool committee to discuss expenses was
mentioned. It was reaffirmed that all expenses related to the pool would require
board approval PRIOR to purchase. The amount spent on the pool year to date
was discussed and briefly compared to last year’s expenses.
AMENDMENT:
It should have read:
“It was reaffirmed that all INVOICES related to the pool should be run through the board.”
Explanation: If monies are spent on the pool, the original invoice should be presented for payment to that vendor, rather than being a reimbursement to a member. The CPA has informed us that some checks were cut without the expenses being itemized so they are unaware of how to categorize them. This can only happen if the original invoice is presented at the time the check is cut and should be cut only to the Vendor itself with two signatures. (Amendment Approved at the 10.16.24 Special Board Meeting)
Questions arose about the Waiver for Facility Use and the need/legitimacy of such.
The need for a waiver system for using pool facilities was discussed to ensure
safety and liability concerns and the fact that the By-Laws had not been changed
with a vote to change the policy. Discussion ensued about the differences between
last year’s operations and this year’s operations, which with the cameras, was
essentially no different. It was noted that several homeowners were displeased
with the idea and most especially certain wording within the waiver policy itself
requiring Landlords to be present at all times when Tenants were at the pool. It
was mentioned that the Waiver had been a real pain to implement, and several
voiced their opposition to the requirement as it impeded use of a “common area”
that is guaranteed by the By-Laws upon payment of dues. Again, the discussion
was essentially tabled to be discussed at the next joint Board/Pool Committee
meeting.
Pool Season 2024 closing date was discussed. This will be brought up during the
combined Board and Pool Committee meeting to be agreed upon. It was noted
that the longer open hours had been most beneficial and appreciated by working
parents.
Dead Trees in Neighborhood
The subject of dead trees on the boulevard and grass cutting/watering was
brought up. Priscilla said she had called and would call the City of Lubbock again
to have the dead trees on the boulevard removed.
Apparently, the City of Lubbock has been mowing Whisperwood grass around the
pool and has been doing a very poor job on top of the fact that they aren’t
supposed to be mowing it. Priscilla said she had asked them to stop and had gone
to the pool to see if the grass was even being watered since it was starting to turn
yellow. She said someone had turned off the water sprinkler system for unknown
reasons. She turned it back on and placed a note on the cover that it belonged to
Whisperwood Homeowners Association and to please leave it alone.
Quite a lively discussion ensued about the amount of dead trees that have been
observed in the neighborhood and what to do about them and what to replant
instead of Live Oaks.
Pool Renovation / Enhancement Project
Specs and Bids: The board agreed that specifications for the pool renovations need
to be compiled and published. The Board is meeting with the Pool Committee on
September 4, 2024 to discuss, plan and compile the pool renovation and
enhancements. Once the planned renovation is compiled and printed, it will be
put out for bid to 3 different contractors. It was noted that a preliminary bid of
$107,000 had been received but did not include bathroom remodel or upgrades
and it was unclear what concrete needed to be broken up and replaced. The
Board felt this was excessive and hoped that once the specifications are defined
and printed, 3 reasonable competing bids can be obtained to choose from.
Bathroom Inclusion: There was a discussion on whether to include the bathrooms
in the pool remodel. The consensus was to consider this option for enhancing user
experience. The discussion was essentially tabled to be continued at the joint
meeting of the Board and Pool Committee.
ADA: Discussion about bringing the pool into ADA compliance was covered with
several different ideas being floated regarding facility entrance as well as pool
entrance. NOTE BELOW.
Solar Heating: The idea of utilizing solar heating for the pool was floated, with
members expressing interest in exploring its feasibility and cost-effectiveness.
Management of Renovation: There was a very brief discussion of having 1 or 2
contractors (1 for pool / 1 for bathroom or a combined contractor), and the
possible need for someone to spearhead the job to report on the progress to both
the Board and the Pool Committee.
Pool Season 2025
The discussion about Pool Season 2025 was broached and the possible need for
changes. This included hiring lifeguards, an attendant, a manager, or keeping with
the volunteers as is. The discussion was essentially tabled to be taken up at a later
meeting as the matter of Pool Renovation was more pressing at the moment.
Future Meetings:
Priscilla mentioned that the next meeting would need to be a joint meeting of the
Board and The Pool Committee, held at the pool, to discuss and finalize the
required specifications for what needs to be repaired, upgraded, and enhanced at
the pool so 3 bids can be obtained. These bids would need to be obtained prior to
shutting down the pool, so it was agreed we needed to move swiftly on this issue.
Another Board Meeting will be held after the 3 competing bids are obtained and
forwarded to the Board. The Board will review, discuss and vote on the winning
bid and discuss how to move forward with the project. Additionally, that meeting
would be a more formal meeting to include ongoing maintenance issues, and
other community management topics.
Adjournment:
The meeting was adjourned at 6:40pm with thanks from Epifano for everyone’s
participation and a reminder to come prepared for the next meeting with ideas
and concerns regarding the pool renovation and enhancement project.
Notes:
Next Steps:
Minutes Prepared by:
Priscilla Elliott, Secretary/Treasurer
PROPOSED CHART OF ACCOUNTS FOR 2025
FOR WHISPERWOOD HOMEOWNERS ASSOCIATION
Income Accounts:
4000 – Dues/Assessments
4100 – Interest Income
4200 – Party/Event Income
4300 – Other Income
Expense Accounts:
5000 – Administrative Expenses
5100 – Grounds Upkeep
5200 – Insurance
5300 – Pool Expenses
5400 – Social Committee Expenses (Annual Events/Holidays/Picnics/BBQs)
5500 – Taxes
5600 – Utilities
5700 – Improvements
5800 – Captial Reserves
Reserve Accounts:
6000 – Reserve Funds
PRESIDENT
Randal Hamilton
806-893-3385
VICE-PRESIDENT
Karen Moorhead
SECRETARY/
TREASURER
Rehj Hoeffner
806-786-1579
MEMBER-AT-LARGE
Priscilla Elliott
806-791-0685
MEMBER-AT-LARGE
Marnee Bolen
512-940-7995
GROUNDS SUPERVISOR
Steve Fleetwood
806-544-9871
Please contact whoalubbock@gmail.com if you would like to volunteer for the Architectural Committee.
HOAs must also comply with relevant state laws such as the Texas Property Code (Chapter 209), which regulates HOAs in Texas, ensuring transparency, fairness, and proper governance.
If you continually have large amounts in Reserve without earmarking the funds for a specific project, it can cause members to feel as though their dues are too high and seek to have them reduced.
Large HOAs in Texas typically manages thousands of homes.
A very active HOA is defined not just by its size but by the extent of its responsibilities and the engagement of the community. Characteristics of an active HOA include:
A quorum is the minimum number of members or board members required for a meeting to be legally valid and for decisions made at the meeting to be enforceable. Without a quorum, the HOA cannot conduct official business or make decisions, and the meeting must usually be adjourned or rescheduled.
Without a quorum at these meetings, there is virtually no way to make any changes to the By-Laws, hold Elections, or Conduct Business EXCEPT by the Board which has, by virtue of the By-Laws, been made extremely hard to vote out. This unfortunately is the same plight of many HOAs in the country. Texas has stepped in and started making laws to help HOAs in these predicaments, but state laws can only go so far. Unfortunately, we are left to work within these parameters if we want to keep our non-profit status and remain in good standing with the State of Texas as an HOA. If you don’t understand these rules or the origins of these rules, ASK a board member to help you understand! Please refrain from blaming those who had no hand in the creation of these rules.
Annual Meetings are held to conduct business (including Elections)
**If no quorum is present the current Board is asked to hold over and fill vacancies through the procedure outlined in the By-Laws, or until a meeting is held that achieves a quorum. (Article 3, Section 3.5 – Vacancies)
Special Meeting to conduct business (including Director removal)
OR
Special Meeting to Raise Dues or Collect Monies for Special Assessments
Members entitled to vote must be given notice of the proposed amendment. The notice must be written or printed and include the details of the amendment or a summary of the changes. (Article 8, Section 8.6)
Board of Directors Meeting to conduct business and hold votes
BOARD OF DIRECTORS vs. OFFICERS
The ARC plays a crucial role in maintaining the community’s visual appeal, ensuring uniformity, and protecting property values. It ensures that homeowners can make improvements while still adhering to the community’s overall aesthetic guidelines.
While Texas law does not specifically require an HOA to have an architectural committee, it is common practice for many HOAs to establish one through their governing documents. If your HOA’s bylaws or CC&Rs require an ARC, then it must be maintained, and it must operate in compliance with state law regarding transparency and fairness in its decisions.
A board member can be on the ARC unless your HOA’s governing documents prohibit it. If they do serve on the ARC, it’s important to follow best practices for conflict of interest, transparency, and fairness in decision-making.