CCHOA Legal Issues Settled

The Legal issues between CCHOA and William Gammon were settled by mediation this week. As you'll see, William Gammon will not be paying CCHOA legal fees. Shouldn't the BOD pay that bill with their personal funds? This is the complete ''Memorandum of Understanding'' between CCHOA and William Gammon signed December 2, 2003.

MEMORANDUM OF UNDERSTANDING

As a result of mediation conducted on December 2, 2003, William B. Gammon, (Bill), and Circle C Homeowners Association, Inc. (CCHOA), Steven P. Bartlett (Steve), Ken Rigsbee (Ken), and Jim O'Reilly (Jim) have agreed to resolve all issues in dispute between them in the litigation now pending as cause number GN 300,975 in the 200th Judicial District Court of Travis County, Texas, on the following terms and conditions:

1. The continuation of the 2003 annual meeting of CCHOA will be held no earlier than January 22 and no later than February 7, 2004. Notice of the meeting will be delivered not later than January 15, 2004. That meeting will be conducted in accordance with Roberts Rules of Order. The President of CCHOA will initially preside at the meeting.

2. The agenda for that meeting will include, among other things:
First item of business: by-law amendments on the following topics:
a. whether the by-laws should be amended to provide that annual meetings should be conducted by someone other than the President of CCHOA, and if so who, and how that person is selected;
b. whether the by-laws should be amended to increase the size of the board of directors and, if so, to what size and for what terms;
c. whether the by-laws should be amended to alter the method for making nominations to the board of directors;
d. whether the by-laws should be amended to specify the form for proxies;
e. whether the by-laws should be amended to provide for cumulative voting;
f. whether the by-laws should be amended to specify that the annual meeting will be conducted pursuant to Roberts Rules of Order;
g. whether the by-laws should be amended to require some percentage other than 25% of the qualified voters to sign a petition for a special meeting;
Second item of business: the election of a director for the position currently held by Steven P. Bartlett.

Third item of business: other business.

3. Bill agrees not to reassert for himself, or as an attorney for another, any claim which has been raised in this litigation.

4. Each party will execute a complete release of any and all claims against all opposing parties which have been made or which could have been made in this litigation. The release will be drafted by the attorney for CCHOA. It will then be delivered to Bill for approval as to form, which approval will not be unreasonably withheld. Once approved, the release will be signed by each party.

5. If either party fails to abide by the obligations set out in this agreement, then the release, as to the breaching party, shall be null and void.

6. This agreement may be entered as a Rule 11 agreement. Each party agrees to non-suit all unadjudicated claims which are not the subject of a prior order in this case. The parties agree to take all steps necessary to secure a final judgment reflecting the terms of all prior orders in this case.

Take a breath of fresh air . . .

. . . . I am!

I hope this will pan out in an orderly manner. I, for one, am anxious to get back to building bridges and mending fences. We have a lot of work to do and folks, it's going to take your help to get it all done in a timely manner.

What can you do to help ?

1) Pass this information on to all of your neighbors. It's a good excuse to go say Hello. Make sure that they understand the issues detailed here (and hopefully, on the next Newsletter.)

2) We need to try hard to get everyone educated about the choices we are about to make. This next meeting will run way too long, if we have to explain and debate much at all. The good news is that I think there is already general agreement on most of these issues, so all it will take is a good attendance (we'll need more than 300 people this time - a full house) and we will need to have clearly written motions distributed well before the meeting. There won't be a lot of time for lengthy debate, so please don't plan to draw these issues out. They are reasonable, they are fairly easy to vote on. I think we need all of these changes implemented quickly.


3) We need to round up a list of good members, willing to serve the HOA as board members.

I've met and worked with a number of very bright and talented people here in Circle C, and I know there are dozens more that I haven't met. If you have any time to devote to board service, please make sure you get your name and qualifications circulated, NOW !!

Circle C North needs their own Board member. Circle C Wildflower center and Circle C West should also consider putting forth a board member from their area.


4) Start going to the Board meetings and find out what the issues are. Meet some of the 50 people who volunteer many hours a month to keep our community active, reasonably represented, and moving forward.

This is the single most important year of CCHOA's history, and it's time to get involved.

A number of people have taken considerable personal risks to make this opportunity available for YOU to help manage your own HOA. Don't let them down.

This is much more important to your daily life than most of you realize. Your property values are at stake here. Why not take an active role in building up our neighborhood status and amenities (yeah, that means more pools and playgrounds, and not 7 years from now !!)


This is great news, but it's just the begining!

Good Job - A Success

Good Job Bill Gammon! Thanks for standing up for what is right and what needs to be addressed with CCHOA. Thanks for having the courage to speak out and protect the CCHOA members and homeowners.

CCHOA homeowners and members: Carefully review the agenda items from the mediation settlement. This is an opportunity to move the CCHOA forward. Consider the items. Review the proposed Bylaws and ethics/code of conduct proposed by the Adhoc Bylaws Committee.
Think about what would make the CCHOA better. Think about which of your CCHOA homeowners and neighbors would make excellent leaders as Board members.

If you need another copy of the proposed Bylaws, as presented from the Adhoc Bylaws Committee, contact me, one of the Bylaws Committee Members, or ask the info center at info@circlecranch.com.

The proposed Bylaws may need some changes to meet the community needs, but the proposal was excellent, well thought out, and considered all suggestions from the CCHOA members.

The upcoming meetings of the CCHOA will be very important for moving forward. This is another opportunity for your voices to be heard in order to improve your community and services. Please join your neighbors in making substantial improvements.

Thanks.
Pam Voss

Thank you

Thank you Pam (and Russ and others) for your kind words. Thank all of you who have worked so hard to effect changes in Circle C. As you know, the work has only just begun. Be sure to attend the continuation of the annual meeting in January and vote on the amendments to the bylaws that you have proposed and circulated among the members and for which you have obtained so many signatures.

That will be the first order of business at the meeting. It will be your opportunity to ensure that your efforts result in positive steps taken to improve what can and should be the greatest neighborhood in Austin. Those steps must always result in more interest and participation in community affairs from more and more members.

Our Association must become responsive to the needs of its members and reflect the true sentiments of the neighborhood. Above all, Circle C should be an example for other neighborhoods to follow: a neighborhood where everyone is encouraged to participate and share her/his ideas without fear of being attacked or ridiculed.

To those who have observed the struggle that has taken place over the past year and now come forth and join in the call for change, I gratefully welcome you. To those courageous souls who, like you, have openly worked for that change while suffering unfair attacks and ostracism, your expressions of esteem and gratitude for my efforts are the greatest reward I could imagine.

My sincerest thanks for your kindness.