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Whisperwood HOA

Welcome to the neighborhood
Welcome Home

Welcome to Whisperwood

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.

Be sure to also check out our Facebook page. If you have issues with the link search Facebook for “Whisperwood HOA LBK”.

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REGULAR BOARD MEETING
NOVEMBER 12, 2024 AT 6:00 PM

FOR CLARIFICATION:  This is a Regular Board Meeting, not the Annual Meeting and not a Members Meeting.  According to Texas Property Law 209.0051 ALL meetings, both Board and Member meetings must be noticed with an Agenda presented at least 6 Days in advance and open to all members.

Whisperwood Home Owners Association
Notice of Regular Board Meeting

Per Randal Hamilton
TUESDAY, NOVEMBER 12, 2024
6:00 pm
LCU
Crista Dobbs Center for Business
2108 Dover Ave.
Lubbock, Texas
Agenda

Call to order
Quorum determined
Governance Issues – President
Minutes from Nov 1st
Opportunity for members to address      Board (added)
Review bills presented for payment and their status
Report from Chad Sealy, Pool Consultant
Authorization for the purchase of water flow/volume meter
Report from Board members on Attorney search.
Status and Review of tabled items
Election policy
Pool policy
2025 Budget
Set next meeting date
Adjournment of meeting

Posted November 8, 2024 at 4:55pm
Amended November 9, 2024 at 6:04pm

Proposed Pool Policy

Whisperwood HOA

2025

Introduction

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.


Proposed Pool Season Dates and Times
Proposed Opening Dates

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.

Proposed Opening Times

May & September: 10:00 AM to 9:00 PM
June, July, & August: 10:00 AM to 10:00 PM


Proposed Pool Staffing

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.


Proposed Job Duties

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.


Proposed Pool Maintenance

Budget Allocated: $10,000

Proposed Maintenance Schedule and Costs (estimates)
Opening the Pool: $1,000

May & September:

          • Cleaning Frequency: Once a week for weekend openings, shock and backwash as needed.
          • Cost: $300 per cleaning x 8 weeks = $2,400

June, July, & August:

          • Cleaning Frequency: Twice a week, including Monday shock treatment and backwash as needed.
          • Cost: $250 per cleaning x 16 weeks = $4,000

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.


Proposed Pool Parties

Residents may reserve the pool for private parties under the following guidelines:

Proposed Reservation 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.

Proposed Fees:

  • Reservation Fee: $_______ May apply to cover additional staffing or maintenance.
  • Security Deposit: $_______ A refundable deposit may be required to cover potential damages.

Proposed Party Rules

  • Compliance: All pool rules and HOA regulations must be followed during the event.
  • Supervision: Additional lifeguards or attendants may be required based on the number of guests.
  • Cleanup: Hosts are responsible for leaving the area clean and disposing of all trash.
  • Liability: Hosts assume responsibility for the conduct of their guests and any damages incurred.

Proposed Seasonal Pool Rules

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.


Conclusion

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.

Meeting Minutes
  • November 1, 2024

    Whisperwood Home Owner’s Association
    Minutes of the Whisperwood HOA Board Meeting

    Date: November 1, 2024
    Location: Groves Branch Library
    Time: Meeting called to order at 6:02 pm
    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.
    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.


    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.

    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.

    Procedural Irregularities
    Seconding the Motion: The motion for a letter of appreciation was delayed in receiving
    a second. The motion should have failed for lack of a natural second.
    Voting Procedure: During the vote on letters of appreciation and gift cards, the chair did
    not call for opposition, which led some members to abstain by default. To ensure all
    members have a chance to cast their vote, the chair should call explicitly for votes in
    favor, against, and abstentions.

    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.
    • 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.
    ▪ Chad Seay will serve as both to “oversee the pool project” and “pool consultant” with
    Randal Hamilton and Robert Guerrero.

    Action Item: The board will 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.
    Reason: Further research and more information were needed.
    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: Marnee Bolen moved to table the budget immediately after
    Robert Guerrero’s motion to accept it, without waiting for a second on the primary
    motion.
    Tabling Without Specific Reason: Marnee Bolen moved to table the agenda item
    without providing specific reasons for doing so and before any discussion or questions
    were entertain. As no specific rationale beyond a generalized statement about needing
    “additional information” or conducting “further research,” without providing specific
    details or examples of what information was lacking. Moving to table even though the
    policy in question had been posted on the website for over two months, during which no
    questions or concerns were raised, is inappropriate. Other members did not have a clear
    basis for agreeing or disagreeing with the motions. This lack of information limited
    members’ ability to make informed votes and could contribute to a sense of coercion for
    some and confusion for others, as they could feel pressured to support the motion without
    understanding the purpose.
    Tabling Due to Lack of Preparation: Marnee Bolen moved to table items, citing the
    need for additional information, despite the fact that relevant materials had been
    available on the website for over two months without any prior questions or concerns
    raised by her. Tabling items because of lack of preparation is generally inappropriate
    and can delay necessary decisions.
    Inappropriate Tabling of Amendable Items: Marnee Bolen moved to table the proposed
    budget, an item that could easily be amended through board discussion. Tabling
    amendable items, such as budgets, is generally inappropriate, as these items are intended
    to be adapted as needed based on input from board members.
    Soliciting a Second: Requesting another member to second any motion, rather than
    allowing a natural second to occur is inappropriate. The motion should have failed for
    lack of 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.
    Reason: More information necessary and time to gather further details.
    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: Marnee Bolen moved to table the 2025 Pool Policy without
    waiting for a second on the primary motion.
    Tabling Without Specific Reason: Marnee Bolen moved to table the agenda item
    without providing specific reasons for doing so and before any discussion or questions
    were entertain. As no specific rationale beyond a generalized statement about needing
    “additional information” or conducting “further research,” without providing specific
    details or examples of what information was lacking. Other members did not have a clear
    basis for agreeing or disagreeing with the motions. This lack of information limited
    members’ ability to make informed votes and could contribute to a sense of coercion for
    some and confusion for others, as they could feel pressured to support the motion without
    understanding the purpose.
    Soliciting a Second: Requesting another member to second any motion, rather than
    allowing a natural second to occur is inappropriate. The motion should have failed for
    lack of a second.
    Repeated Tabling: Marnee Bolen made multiple motions to table agenda items before
    any discussion took place, which affected the progression of scheduled discussions.
    Members who move to table an item are encouraged to provide specific and quantitative
    reasons to support transparency and accountability.
    Voting Process: During the vote on the motion to table the 2025 Proposed Pool Policy,
    the chair did not call for those opposed. Consequently, members who did not vote in
    favor were not given a clear opportunity to voice opposition, which led some to abstain
    by default.


    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.
    Following this decision, Marnee Bolen requested permission to speak with the current attorney
    to facilitate the transition process. However, as no vote was taken, formal authorization was not
    granted for this action.


    2025 Proposed Election Policy and Timeline
    Randal Hamilton discussed the 2025 proposed election timeline and policy covering mail-in,
    proxy, and in-person voting procedures, with nominations beginning on November 18.
    Development: Board President Randal Hamilton assigned Rehj Hoeffner and Marnee Bolen
    the joint responsibility of collaborating to develop a 2025 Proposed Election Policy, a task
    essential for ensuring transparency and consistency in upcoming board elections. In accordance
    with this assignment, Rehj Hoeffner promptly took the initiative to develop a working draft of
    the policy. This draft was completed and submitted to Marnee Bolen on October 19, 2024,
    specifically for her review, feedback, and collaboration, as was outlined in her role on this task.
    Despite the ample time provided for review and the significance of the policy to the board’s
    operational framework, Marnee Bolen did not submit any responses, questions, comments, or
    suggested revisions in relation to this draft prior to the present meeting.

    Correction: Marnee Bolen commented that ballots and proxies could not be requested on the
    same day nominations ended (November 9th), indicating they should not be requested before
    nominations close. However, it is permissible for members to request ballots and proxies before
    the nomination period concludes and it’s perfectly fine for them to begin on the same day.  There is
    nothing that would preclude this from occurring simultaneously, as there is no bylaw or state law restriction
    on this timing.

    • 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.
    Reason: More information necessary and time to gather further details.
    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: Marnee Bolen made a motion to table the 2025 Proposed
    Election Policy prior to a main motion and second.
    Tabling Without Specific Reason: Marnee Bolen moved to table the agenda item
    without providing specific reasons for doing so and before any discussion or questions
    were entertain. As no specific rationale beyond a generalized statement about needing
    “additional information” or conducting “further research,” without providing specific
    details or examples of what information was lacking. Other members did not have a clear
    basis for agreeing or disagreeing with the motions. This lack of information limited
    members’ ability to make informed votes and could contribute to a sense of coercion for
    some and confusion for others, as they could feel pressured to support the motion without
    understanding the purpose.
    Tabling Due to Lack of Preparation: Marnee Bolen moved to table items, citing the
    need for additional information, despite the fact that relevant materials had been
    available on the website for over two months without any prior questions or concerns
    raised by her. Tabling items because of lack of preparation is generally inappropriate
    and can delay necessary decisions.
    Soliciting a Second: Marnee Bolen repeatedly prompted another member for a second
    on her motion, rather than allowing a natural second to occur. The motion should have
    failed for lack of a second.
    Repeated Tabling: Marnee Bolen made multiple motions to table agenda items,
    impacting the progression of scheduled discussions. Tabling multiple items without
    substantive discussion, leads to potential delays in necessary decision-making.
    Voting Process: During the vote for the motion to table the 2025 Proposed Election
    Policy, the chair did not call for those opposed. As a result, members who did not vote in
    favor were not formally given the opportunity to voice opposition, leading some to
    abstain by default.

    Tabling Impact on Election Calendar
    Due to the tabling of the 2025 Proposed Election Policy, the election calendar will need to be
    adjusted. This change compresses the timeline, allowing less time for members to submit
    nominations, request ballots, and vote prior to Election Day, scheduled for January 13, 2025.


    Revised Election Calendar
    The election calendar has been adjusted to accommodate the necessary steps within a shortened
    timeline:
    Nomination Period Begins: November 22, 2024
    Requests for Ballots/Proxies Begin: November 22, 2024 (perfectly appropriate)
    Nomination Period Ends: December 15, 2024
    Deadline to Request Ballots/Proxies: December 22, 2024
    Voting Deadline (Ballots/Proxies Received by): January 10, 2025
    Election Day for In-Person Voting: January 13, 2025


    Compliance with Texas Property Code
    Section 209.00593 of the Texas Property Code requires that HOAs provide notice to members
    soliciting board candidates. This notice must include instructions for eligible candidates and
    specify a deadline for submitting candidacy requests, which must not be earlier than 10 days
    after the notice date. In this case, with a December 15, 2024, nomination end date, a start date of
    November 22, 2024, remains compliant with the legal requirements.


    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 was 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.

    Minutes Submitted by:
    Rehj Hoeffner, Secretary/Treasurer


    Procedural Notes:
    BRINGING AN ITEM TO THE FLOOR
    Opening Motion and Second: To bring an item to the floor for discussion, a board member
    must first make a primary motion related to the agenda item (e.g., “I move to approve the 2025
    budget”). Another member must second the motion to indicate that at least one additional
    member is interested in discussing it. Without a second, the motion fails and does not proceed
    to discussion.
    Chair Calls for Discussion: Once the motion is made and seconded, the chair opens the floor for
    discussion. This gives board members an opportunity to share their views, ask questions, and
    raise any concerns about the item. The chair should ensure that all members have a fair chance
    to participate before any additional motions, such as a motion to table, are introduced.
    Motion to Table or Postpone: Tabling or Postponing the item is only appropriate after the
    initial motion has been made, seconded, and discussed. A motion to table can be made if
    additional time or information is genuinely needed. This motion also requires a second and a
    vote to pass. If a board member tries to table the item immediately upon introduction, the
    chair should call a Point of Order, reminding the board that a main motion and discussion
    should precede any tabling motion.
    Example of Proper Sequence:
    Member A: “I move to adopt the 2025 pool policy.”
    Member B: “I second the motion.”
    Chair: “The motion has been moved and seconded. Is there any discussion?”
    Discussion proceeds.
    After discussion, Member C might then move to table if needed, with a second and a vote.
    Following these steps ensures that each item is properly introduced, discussed, and, if
    necessary, tabled with transparency and respect for procedure.


    SECONDING ITEMS
    For future reference, it is noted that according to Robert’s Rules of Order, motions require an
    immediate second to proceed. If a second is not provided promptly, the motion fails, and the
    board should continue with the agenda without prompting for a second. There is no further
    action necessary. The meeting just continues on.
    Here’s the proper approach: Wait Briefly for a Second: After a motion is made, the president
    should pause briefly to allow another member to second it. This brief pause gives members a
    chance to support the motion without prompting.

    No Second, No Action: If no one seconds the motion after a brief pause, the president should
    immediately state, “The motion fails for lack of a second,” and move on to the next agenda
    item.
    Avoid Prompting for a Second: It’s not appropriate for the president or the person making the
    motion to ask for a second, as doing so can create pressure on members to support a motion
    they might not fully agree with.
    Implement a Procedural Reminder: At the beginning of each meeting, remind board members
    that motions require a quick and natural second without prompting. This will help reinforce
    that seconds should come naturally if there is genuine support.
    Consider a Governance Policy: Adopting a written policy that defines the meeting process—
    including how motions, seconds, and votes are handled—can help prevent these issues. This
    policy could outline that prodding for seconds should be avoided to uphold procedural
    integrity.

    Who can Second a Motion: Presidents often refrain from making or seconding motions to
    maintain neutrality, especially if they are facilitating the meeting.
    This approach keeps the meeting orderly and respects the board’s procedural integrity,
    allowing only motions with sufficient support to proceed.


    SOLICITING SECONDS
    During the meeting, it was observed that a second for a motion was actively solicited rather
    than occurring naturally. Under Robert’s Rules of Order, a second to a motion should be
    voluntary, arising naturally to demonstrate genuine support. Actively requesting a second can
    pressure members into supporting a motion they may not fully agree with, which compromises
    the integrity of the voting process.
    Guidance for Future Meetings: To uphold procedural standards, board members are
    encouraged to allow seconds to arise voluntarily. If a motion does not receive a second without
    prompting, it typically does not proceed, as a lack of support indicates it may not warrant
    further discussion. Members are reminded that they may raise a Point of Order if they observe
    solicitation of a second, to ensure adherence to Robert’s Rules and maintain the board’s
    commitment to transparent and fair procedures.


    TABLING ITEMS
    Robert’s Rules of Order does allow for a motion to table an item, but it is intended to be used
    sparingly and for specific purposes. Here’s a summary of Robert’s Rules on tabling multiple
    votes or issues:
    Purpose of Tabling: The motion to table, or “lay on the table,” is meant to temporarily set aside
    an item because it cannot be dealt with at that moment, often due to the need for additional
    information or an unexpected priority. It should not be used to avoid dealing with issues
    indefinitely or as a stalling tactic. Members are encouraged to be prepared to act on agreed
    agenda items by asking questions and gathering needed information prior to the meeting.
    Being unprepared should not be a reason for “laying an item on the table”.
    Avoiding Abuse of Tabling Motions: Repeatedly tabling multiple agenda items without clear
    and specific reasons can be viewed as obstructive and is discouraged. Under Robert’s Rules, it
    would generally be out of order to table multiple items as a means of delaying decisions
    without a valid and specific reason given for each. Each member voting in favor of “laying on
    the table” should be able to publicly state their reasons for doing so.
    Handling Multiple Tabled Items: If several items are tabled, it is the responsibility of the board
    to ensure that they are addressed promptly once the reason for tabling is resolved. To bring an
    item back, a member would move to “take from the table,” which requires a majority vote.
    Requirement for a Motion and a Second: Each motion to table must be proposed individually,
    properly seconded, and voted on by the board. This process ensures that the decision to table is
    intentional and agreed upon by the majority for a specific reason, which should be included in
    the meeting minutes.
    Accountability: When items are tabled, it’s good practice to record in the minutes the given
    reason for tabling each item and to set a specific time or condition for bringing it back. This
    prevents issues from being forgotten or perpetually delayed.
    Implement a Procedural Reminder: At the beginning of each meeting, remind board members
    that tabling items should be used sparingly and only with a specific purpose. This will help
    reinforce that members should come to the meetings prepared and only table items for
    genuine reasons.
    Consider a Governance Policy: Adopting a written policy that defines the meeting process—
    including how motions to lay items upon the table are handled—can help prevent these issues.
    This policy could outline that multiple tables for identical reasons should be avoided to uphold
    procedural integrity.
    In summary, Robert’s Rules discourage using tabling motions as a blanket strategy to delay
    multiple issues, or for members who come unprepared to discuss or vote on each item on the
    published agenda. Each motion to table should have a specific, valid reason, and the board
    should commit to addressing tabled items as soon as the stated reason for delay is resolved.


    PREMATURE MOTION TO TABLE
    It was noted that a premature motion to table was introduced during the meeting before the
    primary motion had been formally made, seconded, and opened for discussion. According to
    Robert’s Rules of Order, a motion to table should only be introduced after a main motion has
    been properly presented and seconded, allowing for initial discussion on the item. This
    procedural step ensures that all board members have an opportunity to consider the item
    before any decision is deferred.
    Recommendation for Procedural Adherence: To support orderly and efficient proceedings,
    board members are encouraged to wait until a primary motion has been fully established and
    discussion opened before proposing a motion to table. Moving forward, if a motion to table is
    introduced prematurely, members should consider raising a Point of Order to maintain proper
    meeting structure and ensure informed decision-making.


    TABLING WITHOUT A SPECIFIC REASON
    During the meeting, a motion to table certain agenda items was introduced without a clear and
    specific rationale, citing only general terms such as “additional information needed” or “further
    research.” According to Robert’s Rules of Order, tabling should be accompanied by a concrete
    and compelling reason to allow board members to make informed decisions on whether
    deferral is necessary. Tabling without a specific reason can hinder efficient board operations
    and delay decision-making unnecessarily.
    Guidance for Future Meetings: Board members are encouraged to provide a detailed rationale
    when proposing a motion to table, specifying the exact information needed or reason for the
    delay. This practice allows other members to understand the purpose of the deferral and
    supports transparency and accountability. If a motion to table lacks specificity, members may
    consider raising a Point of Order to ensure adherence to procedural standards and to maintain
    the board’s focus on timely and effective governance.


    TABLING DUE TO LACK OF PREPARATION
    During the meeting, certain agenda items were tabled with a rationale of “needing additional
    information” or “further research,” despite relevant materials being available well in advance.
    According to Robert’s Rules of Order, tabling should be used sparingly and primarily in
    situations where genuinely new or unexpected issues arise that prevent immediate decisionmaking. Using a motion to table due to lack of preparation undermines the efficiency of board
    operations and deviates from the intended purpose of the tabling motion.
    Guidance for Procedural Adherence: Board members are encouraged to review all distributed
    materials thoroughly prior to meetings, allowing them to participate in informed discussions
    and timely decision-making. In future instances, if a motion to table is made due to
    unpreparedness or lacks a specific, compelling reason, members should consider raising a Point
    of Order to maintain adherence to Robert’s Rules and to ensure efficient board proceedings.


    REPEATED TABLING
    It was observed during the meeting that multiple agenda items were tabled consecutively.
    According to Robert’s Rules of Order, tabling is intended to defer discussion temporarily when
    new or pressing information is required, not as a routine practice. Repeated tabling of items
    without specific and compelling reasons can disrupt the progression of scheduled discussions,
    delay essential decision-making, and hinder the board’s ability to fulfill its responsibilities
    effectively.
    Guidance for Future Meetings: Board members are encouraged to limit the use of tabling to
    situations where genuinely new information or unforeseen circumstances justify deferral.
    When considering tabling an item, members should provide specific reasons and clear timelines
    for revisiting the matter. If repeated tabling occurs without sufficient rationale, members may
    raise a Point of Order to ensure that board business proceeds in a timely and efficient manner.
    By minimizing unnecessary delays, the board can maintain a productive and effective meeting
    structure.


    VOTING PROCESS
    During the meeting, it was noted that the voting process did not consistently include a clear call
    for those opposed or abstaining. According to Robert’s Rules of Order, the voting process
    should include an opportunity for members to express opposition or abstention, ensuring that
    all voices are heard and recorded accurately. Failing to provide this opportunity can lead to
    unintentional abstentions or lack of clarity in the board’s decision-making record.
    Guidance for Future Meetings: To uphold transparency and accuracy, the chair is encouraged
    to explicitly call for votes “in favor,” “opposed,” and “abstaining” during each vote. This practice
    ensures that all members are given a clear opportunity to cast their votes and that the board’s
    decisions are accurately documented. Members may also raise a Point of Order if they observe
    that the voting process is incomplete or unclear, helping to maintain procedural integrity and
    clear outcomes in the board’s governance.
    Impact on Voting Integrity: According to Robert’s Rules of Order, the chair should call for both
    “ayes” (votes in favor) and “nays” (votes against) to ensure a complete vote count. When the
    chair only calls for “ayes” and fails to ask for “nays,” members who do not support the motion
    are not given an opportunity to formally vote “no.” This oversight may pressure members who
    disagree to abstain by default, which inaccurately reflects the board’s stance on the motion and
    skews the record.
    Procedural Note for Correction: If this irregularity occurs, a board member may raise a Point of
    Order to request that the chair calls for “nays” to ensure a complete vote. If the chair accepts
    the point, they should immediately reopen the vote and ask for “nays” before concluding the
    results.

  • October 16, 2024

    Whisperwood Home Owners Association
    Meeting Minutes of October 16, 2024

    Date: October 16, 2024 Amended
    Location: Groves Branch Library
    Time: 6:00 pm

    Board Members Present:

    • Paul Combest (Acting Chair), Member at Large
    • Priscilla Elliott, Secretary/Treasurer

    Candidates:

    • Mary Irving
    • Randal Hamilton
    • Rehj Hoeffner
    • Marnee Gamble Bolen
    • Bryan Foley
    • Santiago Ramirez
    • Jerry Ramirez
    • Geri Irving
    • Robert Guerrero

    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.

    • Priscilla Elliott nominated Robert Guerrero.
    • Rehj Hoeffner nominated Marnee Gamble Bolen.

    Paul called for a vote on the nominations.

    • Paul Combest, Randal Hamilton, and Priscilla Elliott voted in favor of Robert Guerrero.
    • Rehj Hoeffner voted in favor of Marnee Gamble Bolen.

    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.

    • Priscilla Elliott nominated Randal Hamilton for President.
    • Robert Guerrero seconded the nomination.

    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.

    • Priscilla Elliott nominated Robert Guerrero for Vice President.
    • Rehj Hoeffner seconded the nomination.

    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.

    • Priscilla Elliott nominated Rehj Hoeffner for Secretary/Treasurer.
    • Randal Hamilton seconded the nomination.

    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.

    • Rehj Hoeffner nominated Marnee Gamble Bolen.
    • Priscilla Elliott seconded the nomination.

    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:

    • President: Randal Hamilton
    • Vice President: Robert Guerrero
    • Secretary/Treasurer: Rehj Hoeffner
    • Members at Large: Priscilla Elliott and Marnee Gamble Bolen

    Questions from the Membership

    Following the announcement of the board, questions were entertained from the general membership. Topics included:

    • Board procedures
    • Elections
    • Bylaws
    • Conflict of interest
    • Pool reno financing
    • Blueprint of plans or specifications for pool reno
    • Email addresses

    Discussion of Bylaws, Elections, and Online Voting

    During the meeting, repeated attempts were made by members to get the board to commit to:

    • Changing the current bylaws
    • Holding elections
    • Implementing online voting for future board elections and community decisions

    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:

    • WHOA is a 501(c)(4) for tax purposes.  Your yearly dues are not tax deductible and the association must pay tax on purchases.
    • The association currently has approximately $300,000 in the bank.
    • Of this amount, $140,000 is reserved as a year’s worth of income, in line with the financial reserves policy.
    • This leaves $160,000 available for pool renovation.

    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.

    • Rehj Hoeffner made a motion to adopt the August 18th minutes as amended.
    • Priscilla Elliott seconded the motion.
    • The motion was passed unanimously.

    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.

    • Rehj Hoeffner made a motion to adopt the September 4th minutes as amended.
    • Marnee Gamble Bolen seconded the motion.
    • The motion was passed unanimously.

    September 19th Meeting Minutes

    The minutes from the September 19th meeting were reviewed.

    • Rehj Hoeffner made a motion to adopt the September 19th minutes as published.
    • Priscilla Elliott seconded the motion.
    • The motion was passed unanimously.

    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

    • Robert Guerrero made a motion to adjourn the meeting.
    • Priscilla Elliott seconded the motion.
    • The motion was passed unanimously.

    The meeting was adjourned at 7:30 pm.

    Submitted by:

    Rehj Hoeffner/
    Secretary/Treasurer

  • September 19, 2024

    Whisperwood Home Owners Association
    Meeting Minutes of September 19, 2024

    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

  • September 4, 2024

    Whisperwood Home Owner’s Association
    Meeting Minutes of September 19, 2024

    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:

    • Pool deck: Area around the pool.
    • Patio: Area between the pool deck and the pool house.

    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.

    4Election 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:

    1. Adding a changing table in the bathrooms.
    2. Installing a water cooler.
    3. Improving the showers.

    Adjournment:

    The meeting was adjourned at 7:45 PM.

  • August 18, 2024

    Whisperwood Home Owners Association
    Board Meeting Minutes August 19

    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:

    1. No formal decisions or votes were taken during this meeting.
    2. The atmosphere was casual, aimed at fostering a collaborative environment
      among board members, focusing on setting a direction for future actions regarding
      the pool and its facilities as well as neighborhood priorities.
    3. The Board showed a keen interest in sustainability and community involvement,
      which influenced the topics discussed.
    4. Research conducted after the meeting adjourned revealed since we are a private
      member’s only pool that no ADA compliance is required. We may still want to
      consider an easier entrance to the pool for those that utilize a wheelchair but
      forgo the more costly ADA bathroom and pool entrance enhancements since they
      are not required.

    Next Steps:

    1. Joint Meeting: The date for the joint meeting between the Board and Pool Committee was set for September 4, 2024 at 6:30pm. Please contact Epifano or Priscilla for any items you would like to add to the agenda.
    2. Publication of Renovation Specs: Priscilla will draft and publish on this website the
      specifications for the pool renovations after the joint meeting. This will be a guide so that all members will be aware of exactly what renovations, upgrades, and enhancements are being made to the pool. Basically, how your membership dollars are being spent and on what.
    3. Bid Process: The Pool Committee will oversee the process of obtaining three competitive bids for the renovation and enhancement project and hand them over to the Board for consideration.
    4. Bid Publication: The three bids will be published on this website for members to review along with the decision by the Board on which contractor to hire and who will oversee the project as a liaison between the Pool Committee and the Board to keep the project on track and on time.

    Minutes Prepared by:
    Priscilla Elliott, Secretary/Treasurer

2024 Profit and Loss Statements
  • October 2024
  • September
    Click on Image to open full screen, download or print. September 2024
  • August
    Click on Image to open full screen, download or print. August 2024

  • July
    Click on Image to open full screen, download or print.  July 2024

     

  • 2023
  • 2022
  • 2022, 2023 AND 2024 COMPARISON
  • Proposed Chart of Accounts for 2025
    Here is a PROPOSED CHART OF ACCOUNTS FOR 2025, which makes more sense and categorizes income and expenditures in a more logical and understandable way.  These categories will streamline the process and make communicating with the accountant more precise in that the account numbers placed on checks will tell the accountant PRECISELY which account the expenditure should be placed into for financial accounting to the membership.

    PROPOSED CHART OF ACCOUNTS FOR 2025
    FOR WHISPERWOOD HOMEOWNERS ASSOCIATION

     

    Income Accounts:

    4000 – Dues/Assessments

    • 4010 – Regular Member Dues
    • 4020 – Special Assessments
    • 4030 – Late Charges

     

    4100 – Interest Income

    • 4110 – Interest from Certificate of Deposit
    • 4120 – Interest from Money Market

     

    4200 – Party/Event Income

    • 4210 – Event/Party Sales
    • 4220 – Event Donations
    • 4230 – Vendor/Sponsor Fees

     

    4300 – Other Income

    • 4310 – Pool Guests
    • 4320 – Fines/Penalties (for violations)

     

    Expense Accounts:

    5000 – Administrative Expenses

    • 5010 – Accounting Fees
    • 5020 – Bank Fees
    • 5030 – Legal Fees
    • 5040 – Licenses & Fees
    • 5050 – Meeting Room
    • 5060 – Newsletters
    • 5070 – Office Supplies
    • 5080 – Postage / Box Rental

     

    5100 – Grounds Upkeep

    • 5110 – Lawn Maintenance
    • 5120 – Grounds Keeper
    • 5130 – Irrigation System Repairs
    • 5140 – Tree Trimming
    • 5150 – Grounds Cleaning/Trash Removal
    • 5160 – Pest Control
    • 5170 – Playground or Park Maintenance (if applicable)
    • 5180 – Weed Control

     

    5200 – Insurance

    • 5210 – WHOA Property Insurance
    • 5220 – General Liability, D&O

     

    5300 – Pool Expenses

    • 5310 – Pool Attendant / Lifeguard
    • 5320 – Pool Chemicals and Supplies
    • 5330 – Pool Furniture Replacement/Repair
    • 5340 – Pool Maintenance
    • 5350 – Pool Equipment
    • 5360 – Pool Repairs
    • 5370 – Pool Utilities (Water, Electricity)

     

     5400 – Social Committee Expenses (Annual Events/Holidays/Picnics/BBQs)

    • 5410 – Decorations and Supplies
    • 5420 – Entertainment (e.g., DJs, performers)
    • 5430 – Event Rentals
    • 5440 – Event Setup and Cleanup
    • 5450 – Food and Beverage
    • 5460 – Permits/Licenses
    • 5470 – Prizes and Giveaways
    • 5480 – Reimbursements
    • 5490 – Security

     

    5500 – Taxes 

    • 5510 – Federal Taxes
    • 5520 – Property Taxes

     

    5600 – Utilities

    • 5610 – Electricity
    • 5620 – Gas
    • 5630 – Pool Phone
    • 5640 – Water, Sewer, Trash

     

    5700 – Improvements

    • 5710 – Entrance and Grounds
    • 5720 – Pool House
    • 5730 – Swimming Pool

     

    5800 – Captial Reserves

    • 5810 – Reserve Fund Contributions (for future repairs)


    Reserve Accounts:

    6000 – Reserve Funds

    • 6010 – Grounds/Infrastructure Reserves
    • 6020 – Pool House Reserves
    • 6030 – Swimming Pool Reserves

CLOSED FOR RENOVATIONS ON SEPTEMBER 22
Swimming Pool
Board of Directors & Architectural Committee

PRESIDENT

Randal Hamilton

806-893-3385

VICE-PRESIDENT

Robert Guerrero

SECRETARY/
TREASURER

Rehj Hoeffner

806-786-1579

MEMBER-AT-LARGE

Priscilla Elliott

806-791-0685

MEMBER-AT-LARGE

Marnee Bolen

GROUNDS SUPERVISOR

Steve Fleetwood

806-544-9871

Please contact whoalubbock@gmail.com if you would like to volunteer for the Architectural Committee.

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Contact and Incident Reports

If you wish to submit an incident report, give us a heads up, or just have a question. Please use our contact form to reach out and let us know what’s on your mind. We are always interested to hear what you have to say. For more serious matters contact the LPD non-emergency line at 806-775-2866

You can also can also reach out to the various Lubbock city departments by calling 311

John Sills, a Whisperwood resident, has offered to help anyone concerned about crime and wanting to install security cameras. 806-201-5626

    Frequently Asked Questions

    General Questions about HOAs

    • What is an HOA?
      A Homeowners Association (HOA) is an organization within a planned community, subdivision, or condominium complex that creates and enforces rules and guidelines for properties and residents within that community. HOAs are typically nonprofit corporations managed by a board of directors made up of homeowners who are elected by other members of the community.
    • What are the Primary Functions of an HOA?

      1. Enforcement of Rules and Covenants:
        • The HOA enforces the community’s Covenants, Conditions, and Restrictions (CC&Rs), which are the rules that homeowners must follow to maintain the neighborhood’s appearance and property values. This might include rules about home exterior designs, landscaping, noise levels, parking, and pet ownership.
      2. Maintenance of Common Areas:
        • HOAs are responsible for the upkeep of common areas and amenities shared by all residents, such as parks, swimming pools, sidewalks, clubhouses, and recreational facilities. This ensures the community remains well-maintained and attractive.
      3. Collection of Dues and Assessments:
        • HOAs collect monthly, quarterly, or annual dues from homeowners to fund the maintenance of common areas, insurance, utilities, and other community services. They may also impose special assessments for large projects like repairs or upgrades to shared amenities.
      4. Governance and Management:
        • The HOA is run by a board of directors (typically homeowners themselves) who oversee the association’s activities. The board is responsible for managing the community, including enforcing rules, managing finances, and ensuring compliance with state and local laws. The board may hire a property management company to handle day-to-day operations.
      5. Dispute Resolution:
        • HOAs may also handle disputes between neighbors, as well as between the HOA and individual homeowners. This can involve mediating conflicts related to rule violations or architectural modifications.

    • What Can HOAs Do?

      • Enforce rules: The HOA can impose fines or take legal action against homeowners who violate the rules laid out in the CC&Rs.
      • Manage community funds: The HOA collects dues to pay for maintenance, utilities, landscaping, and other community services.
      • Maintain community standards: HOAs are designed to ensure that property values are maintained by enforcing uniform standards throughout the community.

    • What can HOAs NOT Do?

      • Overstep governing documents: HOAs cannot create rules or enforce policies that contradict the community’s bylaws or CC&Rs.
      • Discriminate: HOAs must treat all homeowners equally and fairly, without discriminating based on race, religion, national origin, or other protected classes.

    • What's the Legal Authority of an HOA?
      HOAs derive their authority from the governing documents of the community, which typically include:

      • Articles of Incorporation: Establish the HOA as a legal entity.
      • Bylaws: Set out how the HOA operates, including the election of the board, meeting procedures, and general governance.
      • Covenants, Conditions, and Restrictions (CC&Rs): Detail the rules and restrictions that apply to homeowners within the community.

      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.

    • What are the PROs of an HOA?

      • Community upkeep: The HOA helps maintain common areas and ensures homes meet specific standards, which can protect and enhance property values.
      • Amenities: Many HOAs provide shared amenities like pools, parks, and clubhouses.
      • Dispute resolution: HOAs offer a framework for handling disputes between neighbors, reducing conflict.

    • What are the CONs of an HOA?

      • Fees: Homeowners are required to pay dues or assessments, which can increase over time.
      • Restrictions: Some homeowners may feel that HOAs limit their freedom to modify their property (e.g., paint colors, landscaping, fences).
      • Enforcement: HOAs can impose fines or take legal action for violations, which can lead to tension between homeowners and the HOA.

    Questions about Whisperwood Home Owner’s Association

    • Is Whisperwood Home Owner's Association a Non-Profit Organization?
      Yes, the Whisperwood Home Owners’ Association (HOA) in Lubbock, Texas, is registered as a nonprofit corporation in the state of Texas. However, it is not a 501(c)(3) organization, which is the designation for charitable organizations. Most HOAs, including Whisperwood, fall under 501(c)(4) status, which categorizes us as a social welfare organization. This allows us to function as a nonprofit but not a charitable organization, meaning contributions to the HOA are not tax-deductible like they would be for a 501(c)(3).
    • What are Whisperwood Home Owner's Dues?
      The Whisperwood Home Owner’s Association dues are $300/ yearly.
    • What are Reserve Funds?
      Reserve funds are typically set aside and earmarked for large, future repairs and replacements of common area components, such as roofs, pools, or landscaping. These funds ensure that the HOA can cover major expenses without having to levy large special assessments or increase dues suddenly.

      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.

    • Do we have limitations on our Reserve Funds?
      Texas law does not place specific limits on how much money an HOA can save in its reserve funds or operating accounts. However, HOAs are expected to maintain reasonable reserves to cover future expenses and operate in the best interest of the community. Transparency and proper financial management are key, and the HOA should regularly assess its reserve needs to avoid collecting excessive or insufficient funds.
    • Is Whisperwood Home Owner's Association a large HOA in Texas?
      No, we have fewer than 500 homes with and only 1 major amenity. WHOA would be considered a medium-sized HOA.

      Large HOAs in Texas typically manages thousands of homes.

    • Is Whisperwood Home Owner's Association considered an active HOA in Texas?
      Having only 1 main amenity, our pool, and the fact that we do not strictly enforce our CCRs, makes us a fairly in-active HOA in Texas.

      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:

      • Frequent Events and Community Engagement: An active HOA organizes regular events such as community festivals, holiday gatherings, social clubs, and other events that engage residents. These activities may include fitness classes, neighborhood clean-ups, or family-oriented programs.
      • Comprehensive Management: Very active HOAs take an involved approach to managing common areas, enforcing community standards, and ensuring that all amenities (parks, pools, clubhouses, etc.) are well-maintained.
      • Architectural Control: Active HOAs often have strict architectural review processes to maintain a uniform look in the community. Homeowners must submit plans for changes to their homes or yards (e.g., building a new fence, repainting, adding solar panels), and these changes are reviewed by the Architectural Control Committee (ACC).
      • Full-Time Management Staff: Larger, very active HOAs often employ a professional management company or hire on-site staff, such as property managers, maintenance teams, and event coordinators, to handle day-to-day operations.
      • Robust Enforcement: Active HOAs frequently inspect homes and properties for CC&R (Covenants, Conditions, and Restrictions) compliance and actively work to ensure homeowners maintain their properties in accordance with community standards. This may involve issuing warnings, fines, and working with legal teams when necessary.
      • Major Community Amenities: Very active HOAs often maintain multiple amenities such as pools, parks, tennis courts, fitness centers, golf courses, or even lakes and marinas. They may also manage recreational leagues, adult and youth programs, or large-scale community improvement projects.

    Questions about WHOA By-Laws

    • What is a quorum?
      A quorum is the minimum number of members or directors required to be present at a meeting in order for the meeting to be legally valid and for decisions or actions taken at the meeting to be binding. Without a quorum, no official business can be conducted, including voting on motions, passing resolutions, or making decisions.

      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.

    • Can you have elections with a quorum?

      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.

    • What is the Quorum to Conduct Business and Hold Elections?

      Annual Meetings are held to conduct business (including Elections) 

      • At a time determined by the existing Board of Directors (Article 2, Section 2.1)
      • Notice of Meeting given not less than 10 Days nor more than 50 Days (Article 2, Section 2.4)
      • Voting List Required (Article 2, Section 2.6)
      • Quorum of 51%** required to conduct a vote with no reduction possible (Article 2, Section 2.7)
      • Quorum not necessary to conduct informal discussions not a part of official minutes.

      **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)

      • Quorum of Board Members of 51%, but a quorum is not needed to fill vacancies. (Article 3, Section 3.5)

    • What is the Quorum to Hold a Special Members Meeting?

      • Special Meeting to conduct business (including Director removal)

        • Held at the request in writing signed by 51% of Board of Directors. (Article 2, Section 2.3)

        OR

        • Held at the request in writing signed by at least 10% of voting members. (Article 2, Section 2.3)
        • The request must state the purpose of the proposed meeting, and business transacted at the meeting shall be limited ONLY to this stated purpose. (Article 2, Section 2.3)
        • Time and location of the meeting shall be set by the requesting party and noted in the original request for a Special Meeting to be held (Article 2, Section 2.4)
        • Notice of Meeting is not less than 10 Days nor more than 50 Days (Article 2, Section 2.4)
        • Voting List Required (Article 2, Section 2.6)
        • Quorum of 51% required to conduct a vote with no reduction possible (Article 2, Section 2.7)

    • What is the Quorum to Raise Dues or Special Assessments?

      Special Meeting to Raise Dues or Collect Monies for Special Assessments

      • Notice of meeting is not less than 15 days nor more than 50 days (Article 6, Section 5)
      • Quorum of 2/3rds of members or 67% required to conduct a vote (Article 6, Section 5)
      • Adjourn Meeting and hold another within 60 Days then quorum of one half (1/2) or 50% of 67% which is 34% required to conduct a vote (Article 6, Section 5).

    • What is the Quorum to change the By-Laws?
      Member Meeting to Amend By-Laws

      • Board Resolution: The process to amend the bylaws begins with the Board of Directors adopting a resolution that proposes the amendment. This means the Board must formally agree on the changes they or the members want to make to the bylaws. (Article 8, Section 8.5)
      • Member Vote: Once the Board has proposed the amendment, it must be submitted to the members of the organization who have voting rights. This can happen at either an annual meeting or a special meeting specifically called for this purpose. (Article 8, Section 8.5)
      • Notice of Amendment: Notice of meeting is not less than 10 days nor more than 50 days (Article 8, Section 8.6)

      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)

      • Adoption of Amendment: Quorum of two-thirds (2/3) of the members present in person or represented by proxy at the meeting. This means that the proposed changes need strong support from the membership to be approved. No reduction in quorum is possible. (Article 8, Section 8.5)

    • What is the Quorum for the Board of Directors to Conduct Business?

      • Board of Directors Meeting to conduct business and hold votes

        • Must be held within 30 days of Annual Members Meeting to elect Officers unless officers agreed to hold over as a result of not achieving a quorum.
        • Quorum 51%
        • Proxy voting cannot be used to make a quorum
        • Proxy voting can be used to conduct business if the quorum is met in person or with telephonic attendance.
        • Proxies good only for 3 months.
        • Business can be conducted without a meeting by the signature of ALL board members.
        • The officers are elected at the following Board Meeting within 30 days following the Annual Member Meeting. The officers must be comprised of President, Vice-President, Secretary/Treasurer, and a Chairman if desired and any other Officers deemed necessary by the Board

    • What is the Difference Between a Board of Directors and Officers?

      BOARD OF DIRECTORS vs. OFFICERS

      • Directors and Officers Are Distinct Roles:
        The Board of Directors is elected by the members of the organization during the annual meeting. These directors are responsible for the overall management and direction of the corporation.
      • The Officers (e.g., President, Vice-President, Secretary/Treasurer) are elected by the Board of Directors from within or outside their own ranks. These officers are responsible for the day-to-day operations of the corporation.
      • Roles and Responsibilities:
      • The Board of Directors holds significant power, including the ability to elect officers, enter contracts, and determine the duties and compensation of officers.
      • The Officers manage the corporation’s operations based on the authority granted to them by the Board of Directors. They serve until they are either removed or replaced by the Board.
      • Overlap in Roles:
      • It is possible for one individual to hold multiple officer positions, but the roles of President and Secretary cannot be held by the same person.

    • Are WHOA Board of Directors the same as the Officers?

      It makes more sense for your HOA to elect officers from within the Board of Directors, especially given that WHOA is a medium-sized and relatively inactive association. This streamlined approach helps avoid unnecessary complexity and ensures that board members are efficiently managing the community without the burden of maintaining separate governing bodies. It also aligns with the needs of smaller or less active HOAs, where fewer responsibilities need to be distributed. We should always do what is in the best interest of the community and not based on factors that may complicate or unnecessarily burden the association.

    Texas Property Law and WHOA

    • What is an ARC?
      An Architectural Review Committee (ARC) is a group within a Homeowners Association (HOA) responsible for overseeing and enforcing the architectural standards of the community. The ARC ensures that any modifications, additions, or exterior changes made to properties within the community comply with the HOA’s governing documents (CC&Rs – Covenants, Conditions, and Restrictions) and established guidelines.

      Primary Functions of the ARC:

      1. Review and Approve Modifications: Homeowners in the community must submit requests to the ARC for approval before making any significant changes to their property’s exterior. This can include projects such as:
        • Building additions (e.g., decks, garages, extensions).
        • Landscaping changes (e.g., fences, garden structures).
        • Exterior paint changes, siding, or roofing updates.
        • Installing pools, sheds, or solar panels.
      2. Ensure Compliance with HOA Standards: The ARC evaluates requests based on the HOA’s design guidelines and ensures the modifications align with the community’s architectural standards, aesthetic harmony, and overall appearance.
      3. Maintain Property Values: By enforcing uniform architectural standards, the ARC helps maintain property values and the visual appeal of the community. This can prevent unapproved or out-of-character changes that may negatively affect the neighborhood’s appearance.
      4. Issue Approvals or Denials: The ARC is responsible for either approving or denying modification requests. Their decisions should be based on clear guidelines set forth in the governing documents to ensure fairness.
      5. Conduct Inspections: In some cases, the ARC may inspect properties after modifications are completed to ensure that the work was done in compliance with the approved plans.

      Key Considerations:

      • Submission Process: Homeowners typically must submit detailed plans, descriptions, or specifications for their intended projects to the ARC for review.
      • Timely Review: The ARC is usually required to review and respond to requests within a specified time frame, which can be outlined in the HOA’s governing documents.
      • Appeals Process: If a homeowner disagrees with the ARC’s decision, they may have the option to appeal to the Board of Directors, depending on the HOA’s rules.

      Importance of the ARC:

      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.

    • Does Texas Law require HOAs to have an ARC?
      Texas HOA law does not specifically mandate that an HOA must have an architectural committee or a designated person for architectural review. However, many HOAs establish an architectural review committee (ARC) or similar body as part of their governing documents (CC&Rs, bylaws, or rules) to oversee and enforce architectural standards within the community.

      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.

    • Can Board Members or Officers be on the ARC?
      Yes, a board member can serve on the Architectural Review Committee (ARC) in most HOAs, provided that the HOA’s governing documents (bylaws, CC&Rs, or rules) do not specifically prohibit it. In fact, it’s fairly common for board members to serve on the ARC or other committees, especially in smaller HOAs where volunteers may be limited.

      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.

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