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NPOA Board is taking away property owners’ rights

Dear Editor:

In the January 12, 2006 election at 7:00 pm at the Newport Golf Club & conference Center voters will have the opportunity to vote for the nominees who consider the interest of the property owners while abiding by the laws that govern our community.

This is not about the increase of the $5.00 in our dues, but the action by the current Board of Directors to take the rights of the property owners away.

The Board of Directors that are up for re-election are Dan Kasprzak, Charley Lenderman, and Walter Kroupa that recently made changes to the Bylaws that directly support the NPOAN Board and limit the rights of its property owners.

As of the Bylaw changes of November 15, 2005, Rampart’s Newport Fund (a developer) is included into the content of our Bylaws allowing all of the votes for undeveloped lots owned by Rampart and the Newport Fund to be controlled by the Board of Directors. This action places the voting advantage of any election in favor of the NPOAN Board and removes the equitable process of the property owners.

Additional bylaws changes also:

1. Limited the property owners input into the Architectural Control and Deed Restriction Committees

2. Remove the property owners right to vote because of the prohibited acts that are stipulation only for the Board of Directors violations in the prior bylaws

3. Remove the property owners right to vote if they have deed restriction violations (before determining if property owners may be legally in violation of the said deed restriction)

4. Give builders voting rights even though they do not pay any maintenance fees for up to 2 years, while the residents are required to be current

5. Remove the property owners right to re-call directors unless they did something illegal or immoral (this could take years to prove and bring to trail before the Directors are found guilty)

6. The President shall control all of the business and affairs of the Corporation (this is unprecedented by any other home owners association) The board is to serve it’s members

The property owners voted down the Fitness Center in the October 13, 2005 election but increased the Grounds Maintenance Contract. The Fitness Center was proposed by Mr. Creek Scott of Spring Golf Venture – the owner of the Newport Golf Club and the contractor for the grounds maintenance of the Newport subdivision. The NPOAN Board accepted this contract a year ago because it was $50,000 less than the next highest bidder. The night that the fitness center was voted down Creek Scott gave notice of his resignation as grounds maintenance contractor. The Board of Directors of the NPOAN voted to give Mr. Creek Scott an additional contract of $4,000 per month and they called it “fuel cost adjustment”. We now are paying an additional $48,000 per year for the grounds maintenance contract, for a total of $198,000 per year. A recent bid that was turned down by the Board of Directors would have reduced our maintenance contract by almost $60,000.

In December 2005 the NPOAN President said it was “against every principal of democracy, law and common sense to allow the ballots to be examined”. It happens to be Texas law that allows the ballots to be examined. The NPOAN Board of directors is breaking the law by refusing to allow the validation of the October 13, 2005 election due to the voting infractions that occurred.

The NPOAN had recently purchased a new tractor to replace the tractor stolen in June 2005 from the Newport Rental storage facility? Since the time of purchase in October, this new tractor has been being kept at a Board member’s home in Newport. Why is the storage lot deemed as a secure location to store paying property owners’ assets but not the assets of the NPOAN? Why is an NPOAN Board of Director allowed to keep the tractor in their driveway for months at a time when the residents of Newport are repeatedly cited for deed restrictions within days of the violations? Is it not illegal for the Board members to receive exceptions to the deed restrictions due to their positions on the Board?

Best Regards;

Kathie Slotter
NPOAN Resident