PAST

In 2006, Chambers Landing was developed and marketed as an upscale, gated, waterfront community, and although our reasons for purchasing property in the subdivision may differ greatly, a single, common interest unites us all; the desire to protect our investment.

Whether your intent was to build your dream home or invest in the property for resale, we all have a vested interest in this community. No owner has a greater right to privilege, or responsibility of contribution.

Unfortunately, Chambers Landing was not immune to the devastating effects of the 2008 mortgage crisis. We watched as our property values declined and our developer’s involvement in management and maintenance dwindled. By the end of 2009, the maintenance and upkeep of Chambers Landing had fallen to the current residents. This responsibility and financial burden continued for over three years.

In the fall of 2011, we were informed by Tarrant Regional Water District that our dock would be removed if the delinquent permits were not paid. To accomplish this, repairs, lights and liability insurance would be required. Frontline Developers refused to acknowledge our requests for assistance.

Our final communication with Frontline was in response to a building permit request for construction on lot 5B, which they referred to Tommy Dulworth. The plans were graciously reviewed by Tommy for compliance of the deed restrictions.

In 2012, Wells Fargo Bank foreclosed their lien against our developer and sold all remaining lots in Chambers Landing Phase 1. Growing concern over the fate of Lot 9A (our Common Area) initiated the need for immediate action. Without the acquisition of Lot 9A, owners of off-water lots would have no lake access resulting in a catastrophic financial loss.

Emergency governance was declared and adopted by the current residents willing to contribute their input, time and resources to stabilize Chambers Landings from further deterioration for the benefit of all current and future property owners. We considered petitioning the Court to appoint a receiver in the absence of current management or financial support, but quickly realized that the cost of such action would not be in the best interest of our Membership.

In our initial contact with Wells Fargo, we were relieved by their willingness to deed lot 9A to Chambers Landing Homeowners Association, Inc., but through further research, learned that in February, 2012, the Association experienced involuntary forfeiture by the Secretary of State for failure to file annual reports with the Comptroller’s Office.

Many HOAs choose to remain unincorporated and are subject to the provisions of the Uniform Unincorporated Nonprofit Association Act, Chapter 252 of the Texas Business Organizations Code (BOC). The BOC defines an unincorporated nonprofit association as an unincorporated organization consisting of three or more members joined by mutual consent for a common, nonprofit purpose. We could have continued our journey on this path, but Wells Fargo required reinstatement of our corporate status to transfer the deed to Lot 9A. (Minutes of meeting)

Because the majority of our members resided outside the area, we knew that most were unaware of the immediate problems facing the community and set out to acquire a list of current property owners. We solicited information from Frontline Developers, and numerous other sources, with negligible results. A list was finally compiled through the Navarro County tax office by researching each individually platted lot in Chambers Landing.

On November 1, 2012 a letter was sent to inform property owners of the catastrophic problems facing our community and request help in resolving these issues. The vast majority of Member responses were positive, offering their thanks, support and encouragement. However, two property owners denied the existence of our Declaration based on the grounds that our developer had fallen into bankruptcy. Every effort was made to explain the logistics of a common interest community and that the deed restrictions "run with the land", not the developer.

In our limited knowledge of the laws governing Texas Homeowners Associations, we sought advice from Legal Professionals, Realtors, and other area HOAs, as well as guidance from Wells Fargo and the Texas Secretary of State. With guidance and direction from the Secretary of State’s office and the Comptroller’s Office, an application was submitted to reinstate the corporate status of Chambers Landing HOA in our efforts to acquire title to Lot 9 from Wells Fargo. Delinquent tax reports from three (3) previous years were prepared and submitted to the Comptroller’s office along with our request for a tax clearance letter. On January 22, 2013, the reinstatement certificate was issued.

The temporary governing members met on January 26, 2013 to discuss the reinstatement progress and determine the process for calling the first annual membership meeting. The purpose of the meeting was to elect a Board of Directors. The meeting was scheduled for March 17, 2013 and a Notice was mailed to all property owners on February 12th to the last known address from Navarro County Tax Office. A copy of the Notice was also sent via email to owners who registered an email address with the HOA for updates.

Notices were sent via First Class USPS instead of Certified, Return Receipt, because there were no funds available and all expenses were being paid from personal monies.

The March 17th meeting was called to order and a quorum was verified. However, because we were unable to verify proper voting requirements in the absence of Bylaws, the meeting was rescheduled for May 4, 2013 until proper protocol could be determied. Notice was sent.

The May 4th meeting was called to order and a quorum was verified. The ballots were cast and the five (5) member Board of Directors was elected by the property owners. A total of 21 ballots were cast, representing 51% of the 41 lots.

Because we were unable to obtain a stamped, verifiable copy of the original corporate Bylaws, we were required to comply with Tex Bus. Org. Code Sec. 22.159(a): QUORUM OF MEMBERS:

"In the absence of a provision specifying the requirements for establishing a quorum at a Membership Meeting in its Dedicatory documents, a quorum is established by the presence of Member-Homeowners in person or by proxy, holding at least ten percent (10%) of the votes entitled to be cast at such Membership Meeting."

Any owner may, not later than the 15th day after the date of the meeting at which the election was held, require a recount of the votes. No recount was requested.

On May 4, 2014, the Membership of Chambers Landing HOA elected their first, self-managed Board of Directors.

PRESENT

Today, thanks to the contributions of almost every Member of Chambers Landing, our community is recovering. Certainly, those owners with lots for sale may debate this comment since lake area sales remain slow, but as economic growth continues, we are now positioned to benefit. Chambers Landing did not succumb to the catastrophic problems of our past. Through the unity and determination of our community, we now boast one of the most well maintained subdivisions on the lake. Our roads and lots are mowed. The dock has been repaired, permitted and insured. We have developed policies and procedures to fully comply with the 2011 legislative changes. We have a community website to insure transparency and the availability of information. We have an "Open Board" policy and encourage participation. But more importantly, we have a committed community dedicated to the development, growth and security of every investment in Chambers Landing. It is this sincere concern and consideration of the entire community, rather than selfish desires that will insure our future success.

We are constantly researching for potential cost effective solutions to our deteriorating roads, lack of water and dying landscaping at the entrance, the need for street signage, options for our entrance gate, but must also consider the need for conservative spending.

Unfortunately, too much of our energy and money is being spent unwisely, continually defending unfounded accusations by owners who have chosen not to contribute financially or otherwise to our community; or abide by the Declaration of Covenants, Conditions and Restrictions, as required and agreed to by the purchase of property in a Mandatory Membership community.

For this reason, and in consideration of all other contributing Members, your Board unanimously denied their demand to remove the Notice of self-executing liens placed on their property for unpaid 2013 and 2014 assessment dues.  This public filing will serve as third party notifications in the case of a sale.

FUTURE

I’ve written about the Past and the Present.

Now it’s up to YOU to write the FUTURE.