Lago Vista and Lago Vista Property Owners Association LVPOA reach agreement on Boggy Ford park
We'll get to the agreement shortly. Nancy Oliver announced the agreement in the July 14, 2011 Lago Vista Property Association Board of Directors meeting.
But, first, one has to ask, why did our Lago Vista Property Owners Association LVPOA Board allow any discussion to continue in the LVPOA's COLV Committee between Nancy Oliver, Blaine Standiford, Mayor Randy Kruger, and others, after an Lago Vista Property Owners Association received an overwhelming vote in April 2011 to keep the parks private?
"Under long established Texas common law, Directors and Officers of Nonprofit Corporation HOAs are considered fiduciaries of the corporation, who owe certain fiduciary duties to the Nonprofit Corporation HOA and its Member-Homeowners." "These duties are also commonly described as the duties of obedience, loyalty, and, due care. The duty of loyalty requires that Directors and Officers must act in good faith and must not allow their personal interest to prevail over the interest of the Nonprofit HOA". "Such duty of loyalty is often described as requiring an extreme measure of candor, unselfishness, and good faith on the part of Directors and Officers" Page 125 – "Texas Homeowners Association Law" copyright 2010, by Gregory S. Cagle, a legal expert on the subject in the state of Texas"
Actually, there are a number of discrepancies over a number of months that relate directly to the agreement:
The LVPOA Board says on the website there was an overwhelming member response to keep the parks private, read more here.
However, to this date the LVPOA Board continues to refuse to release the actual vote tally, read more on the vote here.
We found out in a petition Blaine Standiford had said on his facebook page there were Long Range Planning Committee plans dealing with Boggy Ford park, Greenshore park, and Cody park, in this page 2 excerpt from the March 2011 Green Shore Park petition handout. (After the petition was printed, Blaine Standiford's name and authorship of this facebook statement became public knowledge in a subsequent LVPOA Board of Directors Meeting.)
In the April 14, 2011 LVPOA BOD public meeting, the LVPOA BODs said they voted not to pursue the Greenshore lease 4/11/2011, but there were several parks in play, and the Board still claims it authorized by the Bylaws to make a decision like this without discussing it with the membership. April 14, 2011 the LVPOA BODs say the one park deal is off. I said at the time "What about the other parks? As of April 19, 2011, the LVPOA website still doesn't say anything about the other parks. So, I'm reading that literally by NOT assuming it applies to all parks until we see some confirmation. Also, the LVPOA BODs said the Greenshore park deal was "dead" but it really wasn't, 3 times since June 2010." I asked then "Is it really over?" The LVPOA Board said that it was over April 14, 2011. You can read more here.
In all of the Lago Vista Board of Directors Meetings since, the COLV committee has been reported on by Nancy Oliver, Blaine Standiford, or both. They have told us there was no activity on the parks involved in the COLV Committee.
That's April 14, 2011, May 12, 2011, and June 9, 2011 official Lago Vista Property Owners Association Board of Directors meetings where Nancy Oliver, Blaine Standiford, or both Directors on the LVPOA Board of Directors, reported there was no park activity in the COLV Committee. You can read the April 14, 2011 meeting minutes here. You can read the May 12, 2011 meeting minutes here. You can read the June 9, 2011 meeting minutes here.
In several of those meetings Nancy Oliver made it a point to state each next upcoming COLV Committee meeting has nothing to do with the parks.
Well technically maybe not, if they did not discuss the park in those meetings but this holds true only if they parse their words.
For example, my girlfriend is presently in another room. So, by their logic by my being alone in this room, I'm single. By their logic, I am single, right now, right? I don't think my girlfriend or I, nor most people would believe that though. It's absurd. Just like it is absurd to say a committee has nothing to do with the parks then later confirm that it did, that it was in fact, an unresolved item for the duration. It is especially absurd having been asked about it repeatedly.
I had noticed they appeared to be parsing words. When the Spring 2011 GM message came out on the LVPOA website, I sent an email to ask about this among other things. The LVPOA office had moved following the April 14, 2011 Lago Vista Property Association Board of Directors meeting. I allowed some time for unpacking, and for move related items to be resolved prior to sending my initial request for information. Also, since that time, in an effort to be fair, I have allowed an extraordinary amount of extra time following for the questions to be answered.
Here are the results to date. For clarity we'll focus only on the Spring 2011 GM message in the Lago Vista Property Owners Association General Manager email thread. There are other items in the same email thread which, for clarity, are covered in separate articles.
On June 02, 2011 4:46 AM I emailed Deborah Sorchevich, General Manager saying,
"2) I saw your spring 2011 GM message and it said the LVPOA had "there are many things going on with the
City of Lago Vista (COLV) there the Lago Vista School District (LVISD school bond)". After the park
fiasco, and the COLV Committee fiasco you can understand why this would be of interest. You've
already said about the tennis. What are else are those other many things going on?"
On June 08, 2011 1:18 PM Deborah Sorchevich, General Manager replied, saying "I had an opportunity to share your concerns with the Board at its Work Session on Monday".
The email covered several subjects, later in the email Deborah Sorchevich continued,
"There was an LVPOA Board Special Session on April 11, 2011, to discuss a proposal to discontinue discussions
with the City of Lago Vista in reference to Greenshore Park. As the discussion was held in Executive Session, the
discussion and vote were not on the record. The Minutes of that meeting will not be voted on for approval until
the Board meeting on Thursday, June 9, 2011. However, the President of the Board did announce at the April 14,
2011, Open Meeting, that the Board had voted, during that Special Session, that discussions with the City,
concerning Greenshore Park, would cease and that Greenshore Park would not be leased to the City."
Notice Deborah Sorchevich does not mention Boggy Ford park, nor Cody park, both of which we knew were in discussion from Blaine Standiford's earlier facebook posting.
Also, a walking trail codevelopment of Boggy Ford park between the Lago Vista, and the LVPOA had been mentioned by Mayor Randy Kruger in the April 7, 2011 Lago Vista City Council session.
The point is these were not hypothetical questions, these were known items that were being avoided when directly being asked about it by legitimate member owners.
Continuing in the same email, Deborah Sorchevich said, "The Spring 2011 Newsletter is actually from the President of the Board. I would refer you to the Minutes of the Board Meetings which have more details about other activities going on in the City with which the POA is involved."
On June 09, 2011 5:03 PM I emailed Deborah Sorchevich, to follow up. I said "I will refer to the minutes on the other item. But, that brings up another point. There have been inaccurate and misleading minutes approved by this board. For example refer to the November 2010 meeting, the minutes list the opposite of what happened in the discussion about the parks. In the discussion Dave clearly stated the meeting did occur, and it was clear in the board meeting the meeting did occur. There are also emails about this meeting with two POA boards over several months. Yet, in the November 2010 minutes, it is written as though the meeting never occurred and the concerns were unfounded, which is clearly misleading and untrue. This board approved those minutes. In some cases, the April 2011 minutes do not reflect key points speakers made. My point is, I'm going to be following up more from now on. I don't want to be contentious. I will be fair and factual, but I will be pursing shareholder owner interests. I do appreciate your response, but I do need more information."
Not long after the last email was sent, Deborah Sorchevich resigned. Nancy Oliver, LVPOA President, has been using the exact same inbox as Interim General Manager since then, so my request has remained in Nancy Oliver's Interim General Manager firstname.lastname@example.org mailbox, according to the LVPOA website "contact us" page.
Nancy Oliver, Lago Vista Property Owners Association, Board President, and Interim General Manager remained aware of my request for the shareholder owners to have a simple answer showing the Lago Vista Property Owners Association LVPOA facilities are members only private facilities from June 2, 2011 until well into the Board meeting of July 14, 2011, Nancy Oliver, Blaine Standiford, nor anyone else on the board answered.
As of the July 14, 2011 Lago Vista Property Association Board of Directors meeting, Nancy Oliver stated Lago Vista and Lago Vista Property Owners Association LVPOA had reached an agreement over Boggy Ford park in the most recent COLV committee meeting. Nancy Oliver listed several of the City Council Members who were at that meeting, including Mayor Randy Kruger, and she stated the City had decided not to pursue codevelopment so a deal was now off.
So what is the truth? Is it really off this time, or is there more to come? Remember, Cody was listed by Blaine Standiford above, but the board has said nothing about Cody.
Additionaly, several of the LVPOA directors said the Greenshore park deal was "dead" but it really wasn't, 3 times since June 2010. Nancy Oliver and Blaine Standiford, or both who are on the LVPOA COLC committee said in 3 board meetings there were no other park deals, and this letter makes at least 4 official denials. There are at least 5 official denials if you count the April 14, 2011 LVPOA BOD public meeting "clever wording" that the Greenshore park deal was off, which was made when there was clearly a lot of members interested in keeping ALL the parks private where we can document now the wording was used to imply one thing while saying another. All of items they knew were actually ongoing in discussions. And to date they still have not released the final tally of the member private parks vote.
Clearly, several member owners had asked about parks and codevelopment.
Clearly two board members felt it was ok to mislead all member owners despite their fiduciary responsibility to inform the member owners.
So, we have documentation at this point, when there is an open item affecting the membership, some on the Board feel free to tell us it is a non-issue, when it may, or may not, be a discussion item.
Why do members of a private entity keep having to fight off people who believe their private Lago Vista Property Owners facilities are public resources? Could it be intentional?
Any company will protect it's trademark, goodwill, shareholder value, and equivalents, the LVPOA, is not shared community property, it is privately owned property of the shareholders. The LVPOA should take action to preserve shareholder value but it doesn't. Specific examples of advertisements being used by the Lago Vista City Council advertisement, Lago Vista Economic Development Alliance advertisement, and the LVPOA response about the advertisements are documented. You can read more about the Lago Vista City Council advertisement here. You can read more about the Lago Vista Economic Development Alliance advertisement here. You can read more about the LVPOA response about the advertisements here.
Is this intentional misdirection, intended to imply Lago Vista Property Owners Association members only private facilities are public?
Is it any wonder some continue to believe the Lago Vista Property Owners Association members only private facilities are public?
What are we to think about two board members: Nancy Oliver, and Blaine Standiford who separately, or both together, have misinformed the owners in a board of directors meeting of the Lago Vista Property Owners Association?
You can decide.