Dear Mr. Walsworth:

You certainly had a copy of the contract with the previous company and knew it would expire, December 31, 2007.

So, last June or so, when you would have had plenty of time, you could have been trying to make new arrangements, holding public meetings, and seeking our opinions and help through feedback.

There is no excuse for you to have waited so long to do something, do it, and then have the garbage company tell us about it after it's a done deal. 

So, anyway you look at it, the Board let us down. You acted neither diligently nor openly. You violated your duty to us.

And even now, you're still not now telling us how long we're stuck with this contract. Nor are you telling us if you will try to negotiate relief for some of us, whereby we can opt for only once-a-week service and no recycling pickups.

Speaking of recycling, Texas Disposal''s requirements are so stringent, you throw your hands up and say: "It's not worth horsing with." And judging by the sneaky price raise they just put in our recent bill, TD probably makes its recycling requirements so tough so we won't want to fool with it. That makes less work for them. Pretty shrewd!

Boy, the Board sure blew it picking this company. If only you had given some of the talented people in the Point communities a chance to have helped you, this mess you've gotten us into could have been prevented.

Thank you.

Diane Holden

You are right Diane.  Common sense says that since it was their contract, the Board was aware that the contract was going to expire months before it did.  Rather than exercising due diligence by planning ahead, making proper inquiries, and then informing residents of the situation, the board apparently waited until they were under the gun, failed to inform us, and then had the new company tell us about it, after it was a done deal.    So disappointing. 

And where's that superior customer service the Board  touted in January to justify the higher cost?  It is only the 2nd billing cycle since the contract began, and this new company has already overcharged us, without explantion!  TERRIBLE!    Why hasn't the board sent out one of those mass emails to inform everyone of this overcharge?  I am sure many are unaware.  As was said before, the Board is constantly sending emails about relatively trivial matters, and then they skip this.    Sounds like they are purposely covering this issue up, b/c it makes a terrible decision look even worse.    

And like the other poster said, how long is this contract?  One year?  Two?  

It is also interesting to note that there was a thread on this site posted in January 2008 on this very topic in which the board responded to a homeowner who raised concerns about this new garbage contract.    The homeowner was upset, and raised several valid points.   But it appears that someone deleted the thread.  Very shady.    This kind of stuff makes the board look even worse. 

I appreciate your response Mr. Walsworth.  But frankly, many of your explanations were not responsive to the questions raised.   We had heard all those explanations before.  And referring us to Jannette is kind of silly considering the fact that YOU choose to respond to these threads.   If you want to push the board's problems off on her, then have her answer these posts.   It makes no sense to write these long responses, and then curtly say "refer any questions to Janette."         

Anyway, there is nothing we homeowners can do to remedy the situation.  We have entrusted you to act in our behalf, so I hope that you do the right thing and make the modifications that the previous poster suggested.  Those are good ideas.  You have to at least TRY to remedy this situation.   You have a duty to do so.    

Dear Mr. Walsworth:

Re: TDS's overcharging and nasty letter

Thank you for informing us that the contract price for trash pickup is $26 a month. Since you did not furnish us copies of the contract, we were at the mercy of TDS.

So, for three months service, TDS's charge should be $78 plus tax of $6.44 (8.25%), or a proper total charge of $84. 44.

For the first three months of this year, TDS charged us $87.58, or $3.14 too much.

For the second period this year, the company charged us $88.55 or $4.11 too much.

Thus, if you agree with the math, please get the company to credit us the overcharged amounts and force them to adhere to the agreed amount in the future.

In any case, their overcharging certainly does not speak well of them. Nor does it augur well for the future.

Furthermore, many of us don't appreciate TDS's letter to us this past week supposedly telling us our legal obligations under Promontory Point's bylaws. Indisputably, it not their place to do this. Their only role is to render agreed services and be paid agreed amounts.

I take their letter as a veiled threat. That if I don't use their services I will be violating a Point bylaw, and by implication they will force me to comply. They wrote: ". . .the Promontory Pointe Homeowner Association's bylaw state [sic] that trash service is mandatory for every resident."

They don't quote the actual bylaw. And it's obvious why they don't. That's because they misrepresent it. Here's the actual bylaw's pertinent portion:

Thus, the bylaw's plain meaning permits each resident to haul away his or her trash, as long as the bylaw's total requirements are met. However, most of us, cannot or don't want to do that.

But at the same time, we don't like some unauthorized outsider, threatening us and misinforming us as to our legal obligations. And, of course, we don't like to be egregiously overcharged for what the outsider is actually authorized to do.

In sum, this trash contract looks like a loser. Because you failed to anticipate the expiration of the prior company's contract, that is, you waited until you were under the gun time-wise, TDS took advantage of you. You got took! And, of course, through no fault of ours, we were taken too.

Now all we can do is hope that this bummer is not long. But despite my previous request, you're not telling us how long it is.  So, it sounds like you're anything but proud of its term. Your silence, argues it's really long, maybe something like five years or more.

But keep in mind, it's your moral and legal duty to tell us. So, please don't make us have to go door to door getting up a petition, or seek legal help to find out.

We expect a notice by mail with a full copy of the contract. Only by being fully informed can we know how to deal with this company that so far appears to be like what they pick up, TRASHY.

Diane Holden

Diane - two points to you and the other anonymous homeowners who replied.

 First, we have no record of you in our database and the Property Management Company has no record of you being a Promontory Pointe neighborhood homeowner. How about furnishing the HO)A contact information so we can discuss face to face??

 Second, we did not "have months" to advise the homeowners of the requirement for a new contractor. Your and your anonymous cohorts information is incorrect. Another reason to discuss face to face. No more "faceless email diatribes please.

Dave Walsworth, President, Promontory Pointe homeowners Association