Circle C Neighbors

CCHOA BOD Response

May 21, 2003

-by Sal Costello

I received a ''reply'' from the CCHOA BOD with the questions I've had, some were sent 5 weeks ago. The reply from the CCHOA lawyer was via snail mail, so I post each of my questions, then each reply. If anyone would like to see the 2 page ''response'' please email your fax number (this is not in electronic form - only paper to be faxed) at imacsal@aol.com.

steve@bg1000.com (Bartlett)
jim.oreilly@attglobal.net ? (O'Reilly)
texas66@aol.com (Rigsbee)
info@circlecranch.com
hoaboard@circlecranch.com
John.Jacks@graybecker.com (BOD lawyer)
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FULL DISCLOSURE REQUEST:
The information I received at the Annual Meeting stated that Steve Bartlett receives no compensation for his position with Phoenix holdings. I also understand he receives no compensation from the CCHOA. Since Steve Bartlett is currently up for re-election, and he wishes to represent me, while not living in my neighborhood, the following request is very important to me. I would like to know more about this individual and if or how his interests might be a conflict to mine as a resident.

I Sal Costello, a resident of Circle C, with dues paid in full, request the following.

?• Immediate full disclosure on Steve Bartlett, The Bartlett Group and any other individuals/entities he is involved with including Gary Bradley, Brad Buetel (cousin and business assocaite with Gary Bradley), Susan Hoover exposing any compensation up to the present (or any future planned compensation) that has to do with any business south west of Austin, TX.

?• I also request Immediate comprehensive full disclosure on Jim O'Reilly and Ken Rigsbee. Three sentences in our Annual report is unacceptable. Regarding Jim O'Reilly or Ken Rigsbee, have they or will they receive any compensation or business deals with Steve Bartlett or Gary Bradley for any development in Southwest Austin?

FULL DISCLOSURE ANSWER:
''The Association's current and former directors do not have any legal obligation to make the sweeping individual financial and business disclosures that you demand.''
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SWIM TEAM QUESTION #1:
?• Also, as I undrestand it, the CCHOA currently does not have a contract with Circle C Swimming, but does let Circle C Swimming use the resident pool at a fraction of the pool operational cost. There are even whole weekends when the residents are not allowed to use the pool. The CCHOA 2002 Annual Report shows operational cost of the Swim Center at $223,571.66. While the Swim Center pool income was $10,100. Is this income from Circle C Swimming?

SWIM TEAM ANSWER #1:
None Provided
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SWIM TEAM QUESTION #2:
?•Please provide me with a list of all the partners that own Circle C Swimming. I was told on a 3/27/03 phone call to Circle C Swimming, that it is owned by ''Gary Bradley and partners''.

SWIM TEAM ANSWER #2:
None Provided
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SWIM CENTER INSURANCE QUESTION:
?• Also tell me what our annual CCHOA liabilty insurance cost is for the swim center and if the Circle C Swimming has its own or if our liabilty costs cover the Swim Team.

SWIM CENTER INSURANCE ANSWER:
None Provided
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PHONE BILL QUESTIONS:
1. Why have we (the CCHOA) paid $72.66 per month, for many years, for two phone numbers that do not belong to us? The ISDN phone line 512-451-9253 & 512-451-9286) is located on 2304 Hancock Drive. This address is a bookeeper/contractor for the CCHOA, Giles & Shay. We pay about $60,000.00 a year for this contractor service. Also, why would we pay for monthly milage reimbursement for a contractor that already gets paid quite handsomely? We simply need to have sealed ethical bidding for this annual expense.

2. Why have we (the CCHOA) paid for these phone numbers?:
288-8663 - Phone, Full Circle Management, on La Crosse (a contractor)
301-6788 - Fax line, 5654 Wagon Train Rd - ?The Weldon Residence (who is this?)
363-4169 - ISDN Full Circle Management, on La Crosse (a contractor)
363-4674 - ISDN Full Circle Management, on La Crosse (a contractor)

PHONE BILL ANSWER:
''The phone lines ar Circle C is used exclusively for the CCHOA, The ISDN lines (Giles & Shay) allow a sharing of database information between manager and financial office. All phone lines and services have been negotiated at a fair and reasonable cost to the Association.''

MY THOUGHTS:
Notice there is NO RESPONSE to the fax number 301-6788 - located at 5654 Wagon Train Rd - ? The Weldon Residence (who is this?)
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LEASE PAYMENT QUESTIONS:
3. Who owns the suite on La Crosse that Full Circle Management occupies?
Who owns the suite on La Crosse that Circle C Landscape occupies?
Who owns the land behind/at back door that Circle C Landscape uses?
If the CCHOA owns any of the above, what lease payments are we receiving from these two contractors?

LEASE PAYMENT ANSWER:
None Provided
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BILLING QUESTION:
4. John Jacks, you told me today 4/17/03, in person, that your office has not billed the CCHOA yet.

BILLING ANSWER:
''Generally, attorneys, upon a client's request, will advise the client as to the amount of current billings prior to issuance of a formal notice. That is what occurred in this case.''
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POCKET PARK QUESTIONS:
5. Where is it stated in the CCHOA 2003 budget that playscapes were planned for this years budget? The official CCHOA email from April 11th states this as a fact. ''$60,000 in hopes of being able to install playscapes in several areas throughout? Circle C to enhance some of our pocket parks.''

POCKET PARK ? ANSWER:
''The 2003 bugdte speaks for itself. Not all plans for action/improvements are given a seperate identifiable line item in the budget.''
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MY 2/10/2003 EMAIL TO DENISE QUESTION:
6. At the hearing I was shocked to hear that Denise Nordstrom was working on the last day of nominations - Monday February 10th, 2003. ? Why did I not get a response to my 7:30 am email that Monday from Denise? My E-mail was very important to me, and it was simple enough. ''Is today the last day for nominations?'' A yes or No would have done the trick.

MY 2/10/2003 EMAIL TO DENISE ANSWER:
''According to the records, Denise Nordstrom did not receive any communication from you on February 10, 2003.''

MY THOUGHTS:
Sounds like Denise is editing our records. I have posted this email weeks ago. I have proof that it was sent to the correct email address.
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DOCUMENTS NOT FOUND - please provide
?• All Years of VA/FHA letters of approval
?• Last 2 months of all legal invoices
?• Last 2 months of Non-Budgeted Staff Time invoices
?• All minutes of all BOD monthly meetings, including handwritten ones from the last few months that Denise Nordstom testified to in the hearing.
?• A list of all of my neighbors who attended the March 26th meeting.
?• The Proxies (2003) that are on file and now part of the voting records with the CCHOA secretary.

DOCUMENTS NOT FOUND ANSWER:
''If you have not found certain documents, it is because 1) they are priviledged or confidential (as is the case with the attoney's detailed billing records and proxies; 2) the documents do not exist, or 3) the documents are of recent origin and have not yet been assimilated as part of the overall documents.''
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COMMITTEE QUESTIONS:
Who is the current chair for the Architectural Control Committee? The Architectural Control Committee is missing from the list on the main CCHOA site (http://www.circlecranch.com/homeowners-general-info.htm) under CIRCLE C HOMEOWNERS ASSOCIATION COMMITTEES. Please tell me what residents are on all committee, this information should be included on the CCHOA official site.

COMMITTEE ANSWER:
None Provided