Letter To Rigsbee, ex-Treasurer

Posted in: Circle C
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Ken Rigsbee
6406 Old Harbor Lane
Austin, TX 78739

Dear Mr. Rigsbee:

I am writing to you because you have served on the board as the Treasurer of the Circle C Homeowners Association (CCHOA) for more than three years since February 2001 through March 2004.

After examining the financial documents of the CCHOA in April 2003, I discovered many questionable items. As a homeowner, I would like to exercise my right to inquire about them.

OFFICE EQUIPMENT LEASE & OFFICE SUPPLIES

Based on the CCHOA?’s management structure, the Association does not have an office of its own. All services are contracted to outside companies and the operations are under the supervision of the Board.

According to the Association?’s Income & Expenses Statements for the last five years, the Association had Office Equipment Lease & Office Supplies Expenses as follows:

Year 2003 - $9,445
Year 2002 - $6,015
Year 2001 - $7,954
Year 2000 - $7,143
Year 1999 - $7,835

If CCHOA does not have an office of its own, how is it possible to incur this kind of expenses? What office equipment is being used and where are they being used? Could you please explain this?

I would also like to request a copy of ALL the receipts for office expenses including equipment lease agreements for the last five years.



REAL ESTATE PROPERTY AT 5919 LA CROSSE AVENUE

On February 28, 2001, the ownership of the above property was transferred from the Developer, Gary Bradley?’s company ?– Phoenix Holdings, to the Circle C Homeowners Association.

The above real estate property includes several facilities which are the Circle C Swim Center, Circle C Grill, Post Office Facility and 500 square feet of office space. In the last four years (2000-2003), one year before the ownership had been transferred, the Association had paid all the expenses for the above property, including property taxes, repairs, fixture, furniture and capital improvement, in a total amount of the following:

Year 2003 ?– $318,202
Year 2002 ?– $258,057
Year 2001 ?– $272,563
Year 2000 ?– $168,737
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Rigsbee, ex-Treasurer (2)

A) Rental Income of 500 Sq. Ft. Office Space
The Board of Directors leased this office space back to the Developer, Gary Bradley?’s company ?– Phoenix Holdings, for a fraction of the market value rent at $100 per month for ten years. If this was not bad enough, the Association (homeowners) has never even received the rent. The tenant (the Developer, Phoenix Holdings) even allowed the office space to be occupied by Castle Realty Management Services which is owned by Steve Bartlett, one of the Board members of the Association and also the Vice President of Phoenix Holdings, and by Full Circle Management and Circle C Landscape which are 50% and 100% owned respectively by Susan Hoover, the former Treasurer of the CCHOA.

Could you please explain how this rental agreement and arrangement works in the benefit of the Homeowner?’s Association? By the way, where did all the rental income go? Who pocketed our rent?

B) Rental Income on Circle C Grill
The above facility was leased to Circle C Caf?© & Catering which is owned by Jaime Arevalo.

Where did the rental income go? Who pocketed our rent? Could you please explain this? I would also like to request a copy of the lease agreements for this facility for the last three years, 2001 ?– 2003.

C) Circle C Swim Center & Circle C Swimming Team
Just like the above two facilities, the swimming pool was also leased back to the Developer, Gary Bradley?’s another company - Alien, Inc., who owned Circle C Swimming Partnership. Circle C Swimming Partnership?’s swimming team uses up to 60% - 70% of the swimming pool space and earns almost $300K in revenue annually for the Developer in the last couple years. How much did the homeowners receive in rent for losing the control and the usage of this swimming pool?

Rent received in the Year of 2003 - $30,000
Rent received in the Year of 2002 - $10,000
Rent received in the Year of 2001 - $ ?

Please kindly explain this. Also, I want to request a copy of the swimming pool lease agreements for the last three years, 2001 ?– 2003.

How much did the Developer, Gary Bradley?’s Alien, Inc., make from this swimming team? Please reveal the total annual revenue for the past three years with documentations to all of us, homeowners.

The Board of Directors let the Developer, Gary Bradley?’s company ?– Phoenix Holdings, transfer all the above facilities to the Association for one single reason - let the homeowners pick up ALL the expenses. And then the Board leased the above facilities back to the Developer?’s Phoenix Holdings and Alien, Inc. for a tiny fraction of market value rent. Adding insult to the injury, we did not even receive the rent for the office space and the grill facility.

I look forward to hearing from you soon. As a homeowner, I am entitled to these answers. If I don?’t hear from you within ten days from the date of this letter, I will have the pleasure of seeing you in court.

Sincerely,

Lisa L Sun
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