Homeowners force HOA board to resign

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Homeowners in the Longs Creek neighborhood contacted the News 4 WOAI Trouble Shooters because they felt the money they paid their HOA was being terribly misspent. (WOAI.com)

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Reported by: Brian Collister

Email: BrianCollister@woaitv.com

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Published: 8/10/2010 3:34 pm

Updated: 8/12/2010 11:16 am

SAN ANTONIO - The people who live in the 1300 homes in the Longs Creek subdivision on the Northeast Side have finally taken back their homeowners’ association (HOA). After the News 4 WOAI Trouble Shooters uncovered some very questionable spending, every single one of the HOA board members have now finally resigned.

No one is happier about this news than homeowner Peggy Wilson. "We're very, very excited,” said Wilson. “We're thrilled the community came together as a whole. A lot of people put in some hard work on hot days -- and we succeeded.”

Board members Rick Pursley and Cheryl Napierala turned in their resignations just days after board president Lynn Starkey relinquished power. The board members finally got the message after our investigation showed they held meetings at nice restaurants; the president paid her son-in-law $4,200 to do work around the neighborhood and the HOA even donated thousands of dollars to different charities, including a group of HOA lawyers.

The homeowners fought back by gathering more than the 700 votes needed to kick them out.

None of the board members answered our questions about any of it, but now they're gone and homeowners are back in control with a little help from the Trouble Shooters.

"You helped get the evidence to the people and that was the key turning point for us,” explained Wilson. “We could not have done it without the Trouble Shooters coming and helping us. So we owe you a huge thank you.”

Next, the homeowners will vote in their new board at a meeting on Tuesday, August 17. They're already planning to audit the books to account for every penny of their HOA money.

Since we began looking into this HOA, we've been swamped with calls and e-mails from people having problems with their homeowners associations. If you’d like to get some answers, watch News 4 WOAI at 5pm Wednesday, August 11. We'll have a lawyer in our studio to answer some of your concerns. You can get your questions in early by calling 210.476.1070 or e-mail troubleshooters@woaitv.com.

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The views expressed here do not necessarily represent those of News 4 WOAI (WOAI.com)

Tater - 8/14/2010 10:22 PM

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Judge: This act doesn't apply since the debt is not being sold to a business that is under the authority of the FSCPA! IF the management company where to sell the debt then the company that they "sell" the deliquent debt to would be subject to the act! The information is not being sold and there is the huge question that goes to the facts! Did this group created a powerpoint presentation and email it our to a KNOWN felon (bank and insurance fraud) for them to do with as they wished? YES! Did the ALLOW the information to have routing numbers and account numbers available? YES! Did they post the billing record of one of the board members? YES! You seems to be blinded by the SPIN and oblivious to the truth! Homeowners are not subject to this act since they are members of the corporation! There is not a Privacy Act violation since that only applies to GOVERNMENTAL release of PII! Any management company is obligated to all the records to be reviewed by ANY member of said Corporation in this case an HOA! An HOA can decide to SELL the debt, I haven't heard of one doing it but, when there are homeowners who owe THOUSANDS of dollars and a foreclosure LIEN has not been followed up with a FORECLOSURE SUIT then what should the association do to protect the right of the members of the corporation? Just let them continue to abuse the corporation? If a collection agency then attempts to collect the debt and records the failure to make the debt good with a crappy credit score then so be it! I don't think you understand the whole concept of a corporation, especially a non profit! Your not being a good JUDGE judge!

The Judge - 8/13/2010 6:32 PM

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LAGCO\TATER...VIEWING THE FINANCIAL RECORDS IS ONE THING BUT VIEWING THE DEBT OF A COLLECTION ACCOUNT IS ANOTHER THING UNDER THE PRIVACY ACT. SO BEFORE YOU BEGIN TO SHOOT OUR CHAPER 209 OF THE TEXAS RESIDENTIAL PROPERTY OWNERS PROTECTION ACT Sec 209.005 you might want to check out the "The Fair Debt Collection Practices Act" The Federal Trade Commission (FTC), the nation’s consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you. These homeowners who are having problems have rights. Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them. Maybe we need to also address this matter so that the Management Companies take responsibility for there lack of acknowledgment of the laws.

LAGCO - 8/13/2010 3:43 PM

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Gran Torino- As Tater said I do not believe we heard anyone say that the work that was paid for was not done; or that unused funds from previous association functions has still not been returned. If you are going to begrudge board members for buying diner once a month or so at a Fine Restaurant(give us a break), where the entrée’s are around ten dollars each, while they are spending part of the countless unpaid hours of their time running an association, then get on the board and do it yourself. So as I see it we have heard all about Questionable Acts, but not actual Illegal and/or Criminal Acts; or Fraud, but maybe that information is being saved for a future episode. Time to look for a new band wagon to jump on.

LAGCO - 8/13/2010 3:42 PM

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The Judge- Tater is correct. CHAPTER 209. TEXAS RESIDENTIAL PROPERTY OWNERS PROTECTION ACT Sec. 209.005. ASSOCIATION RECORDS. (a) A property owners' association shall make the books and records of the association, including financial records, reasonably available to an owner in accordance with Section B, Article 2.23, Texas Non-Profit Corporation. The exceptions are (b) An attorney's files and records relating to the association, excluding invoices requested by an owner under Section 209.008(d), are not (1) records of the association; (2) subject to inspection by the owner; or (3) subject to production in a legal proceeding. Art. 1396-2.23. Books and Records Section B. A member of a corporation, on written demand stating the purpose of the demand, has the right to examine and copy, in person or by agent, accountant, or attorney, at any reasonable time, for any proper purpose, the books and records of the corporation relevant to that purpose, at the expense of the member. I believe in some Texas Counties like Harris County, you do not even need to be a member, however in Bexar County, you must be a member and any member of an HOA/POA may request to see all the records of their association including the financials which most likely includes some type of aging report or account history that would show all delinquent accounts. So make sure you are paid up or the Pool Guys may find out.

Tater - 8/12/2010 9:37 PM

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Gran/Judge: Fraud? Are you sure? Who is the victim? You? Me? There doesn't seem to be any fraud from what I've seen. Where are you getting your inforaation? Maybe the Taliban or the Iranians? Where you tortured into thinking this way or did it just come natural to you?

Tater - 8/12/2010 6:02 PM

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Judge: It may not be PUBLIC record meaning access to Collister BUT, it is available to ANY member of the corporation! All homeowners are shareholders in the corporation! Fraud! No way! Hiring family members to do work! No one is saying that he didn't do the work that he was paid to do...makes me go UMMM! LAGCO is right about board members not having to live in the association. That is a fact! And with the $15 a month in assessments and no pool! Well, if they try to build a pool there well be a huge lawsuit that even Kilpatrick won't be able to threaten his way out of! Homeowners don't want a pool, homeowners don't want to be harassed, homeowners don't want to do anything except come home watch their 50" flat panel TV's and not have some fool pounding on their door telling them bad things about their neighbors! Some that they have know for 15 years or more! It will be amazing to see just how TRANSPARENT the annointed one's do there job and if they p**s away the reserve funds like they have P**sed away the good name of Longs Creek! Want a sell a house in this area...No one in there right mind would move in to Longs Creek!

LAGCO - 8/12/2010 4:36 PM

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A cursory review of the Longs Creek Articles and Bylaws as recorded in Bexar County Records does in fact appear to support raisethebar1’s earlier statement. The Owners of Longs Creek in good standing may very well be able to elect anyone they choose to serve on their Board of Directors regardless of their background and even if they are not a member of the association. So let’s hope the members of this community use their new found freedom wisely when they vote on August 14, 2010 otherwise jokin1 they may end up with a pool whether they want it or not and what happened in the past will be the least of their worries.

jokin1 - 8/12/2010 2:19 PM

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Truthbetold 1136AM this particular subdivision has no pool.... HMMMM

The Judge - 8/12/2010 12:36 PM

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Gran Torino....I totally agree with you. They did comit FRAUD.

The Judge - 8/12/2010 12:35 PM

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Tater...seems like I hit the nail on the head. The HOA is a business and releasing confidential information with regards to a residents delinquent account is not public record. The only people who are able to view this information is the Management Company and the Board Members this information should remain confidential. Just because people have done this in the past does not make it legal if the Management Company is not smart enough to realize this then they are walking a fine line. Maybe we need to hire Kilpatrick to protect our rights under the Privacy Act.

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