Northcliffe

MUST READ INFORMATION-FOR NORTHCLIFFE RESIDENTS

Feb 28, 2004

There as been misinformation spread about in our community that the HOA Board failed to keep the fountain at the Country Club entrance to Northcliffe and that the Board is doing nothing to keep the Northcliffe Country Club. There is also an attempt to form a separate HOA for the estate (front) section of Northcliffe.

With that said, you should know the facts. The fountain at the Country Club Blvd. entrance falls within the right-of-way of the Texas Highway Department for IH 35. In addition, upon investigation, it has been determined that the Northcliffe HOA does not, and never did have ownership of the County Club Blvd. entrance area. Since the HOA did not own the land where the fountain was, nor the entrance, the HOA had no say in what was to be done with it. The owner of the Country Club Blvd. entrance is Pulte Homes and they are making the improvements you see. Let us be very clear about this, the HOA did not own the land for the entrance, and therefore had no say in was as to the disposition of the fountain or the entrance. It should also be noted that for the year 2002 and part of 2003, your HOA spent over $2,000 in an attempt to keep the fountain clean and running.

The Northcliffe Golf Course and Country Club is private property. The HOA does not own it, or have any ownership rights to the Golf Course or the Country Club. Therefore, since we do not own the Country Club, we have no say in its disposition. The Country Club will be demolished sometime this spring.

As to the movement of individuals in the Estates Section trying to form a separate HOA, it should be noted that your Northcliffe HOA is a Texas 501 C (3) corporation (non profit). As a homeowner, you agreed to the bylaws, articles of incorporation and deed restrictions when you purchased your property in Northcliffe. As set out in Article III, Section 3 of the bylaws "Every member of the Association shall continue to be a member so long as he owns a residential lot." And as set out in Article IX, Section 3 "These by-laws may be amended, at a regular or special meeting of the Members (all residential property owners in Northcliffe) by a vote of two-thirds (2/3) of the Members present, in person or by proxy, so long as notice of the proposed bylaws changes was given to all of the Members at least fifteen (15) days in advance of the meeting." (My emphasis added) I am not an attorney, or hold myself out to be anything but a lay person reading the bylaws, but my take on this is that unless all homeowner are notified of any proposed changes (Estates forming a separate HOA) and at least 2/3 of those present, either in person or by proxy, votes to make a change, it cannot happen.

These are the facts. I welcome a discussion with any resident of Northcliffe. My phone number and E-mail address are included in this newsletter.

Duane McCune, President
Northcliffe Homeowner's Association