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Old 11-22-2009, 09:04 PM
 
43 posts, read 55,888 times
Reputation: 26

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Good evenin ya'll!!! Geez I feel privileged to see that I rank so high on the merit scale that some of you would actually waste your time to mention me. Thanks for the recognition!! Maybe if I run for the Board, you might even vote for me!!!

On to something serious. I have spent the biggest part of the day researching the notion that the December board meeting is going to be closed. Google and Bing are wonderful search tools. This also brought to mind me hearing something at one of the meetings I attended that the Board didn't have to comply with Texas open meetings act. It had something to do with the population size of the county.

Well guys, let me share with you that the Board told you a falsehood. Open meeting laws apply to homeowner associations and Westcreek is no exception. The Board can't have closed meetings at will. In my research I learned that there is a thing called extra territorial jurisdiction. You can google it like I did if you don't believe me. Anyway Westcreek falls in SA's jurisdiction so the Board isn't suppose to have closed meetings. The board has to air their dirty laundry to all members that show for the meeting.

I must admit I did have help googling so I can't take all the credit.

Let the Board put that in their pipe and smoke it!!!

 
Old 11-22-2009, 09:32 PM
 
Location: San Antonio
88 posts, read 169,110 times
Reputation: 74
Quote:
Originally Posted by GoinRogue View Post
Good evenin ya'll!!! Geez I feel privileged to see that I rank so high on the merit scale that some of you would actually waste your time to mention me. Thanks for the recognition!! Maybe if I run for the Board, you might even vote for me!!!

On to something serious. I have spent the biggest part of the day researching the notion that the December board meeting is going to be closed. Google and Bing are wonderful search tools. This also brought to mind me hearing something at one of the meetings I attended that the Board didn't have to comply with Texas open meetings act. It had something to do with the population size of the county.

Well guys, let me share with you that the Board told you a falsehood. Open meeting laws apply to homeowner associations and Westcreek is no exception. The Board can't have closed meetings at will. In my research I learned that there is a thing called extra territorial jurisdiction. You can google it like I did if you don't believe me. Anyway Westcreek falls in SA's jurisdiction so the Board isn't suppose to have closed meetings. The board has to air their dirty laundry to all members that show for the meeting.

I must admit I did have help googling so I can't take all the credit.

Let the Board put that in their pipe and smoke it!!!
LOVE IT!!!

It didn't sound right to me that they could close a meeting to homeowners. Thanks for your hard work.
 
Old 11-22-2009, 10:38 PM
 
56 posts, read 75,193 times
Reputation: 29
Quote:
Originally Posted by GoinRogue View Post
Good evenin ya'll!!! Geez I feel privileged to see that I rank so high on the merit scale that some of you would actually waste your time to mention me. Thanks for the recognition!! Maybe if I run for the Board, you might even vote for me!!!

On to something serious. I have spent the biggest part of the day researching the notion that the December board meeting is going to be closed. Google and Bing are wonderful search tools. This also brought to mind me hearing something at one of the meetings I attended that the Board didn't have to comply with Texas open meetings act. It had something to do with the population size of the county.

Well guys, let me share with you that the Board told you a falsehood. Open meeting laws apply to homeowner associations and Westcreek is no exception. The Board can't have closed meetings at will. In my research I learned that there is a thing called extra territorial jurisdiction. You can google it like I did if you don't believe me. Anyway Westcreek falls in SA's jurisdiction so the Board isn't suppose to have closed meetings. The board has to air their dirty laundry to all members that show for the meeting.

I must admit I did have help googling so I can't take all the credit.

Let the Board put that in their pipe and smoke it!!!
Very interesting but Bexar County has a population of about 1.4 million residents. So does the Open Meetings Act still apply?

Taken from the law -

Sec. 551.0015. CERTAIN PROPERTY OWNERS' ASSOCIATIONS SUBJECT TO LAW. (a) A property owners' association is subject to this chapter in the same manner as a governmental body:
(1) if:
(A) membership in the property owners' association is mandatory for owners or for a defined class of owners of private real property in a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more
 
Old 11-22-2009, 11:14 PM
 
43 posts, read 55,888 times
Reputation: 26
Quote:
Originally Posted by THE COMMON MAN View Post
Very interesting but Bexar County has a population of about 1.4 million residents. So does the Open Meetings Act still apply?

Taken from the law -

Sec. 551.0015. CERTAIN PROPERTY OWNERS' ASSOCIATIONS SUBJECT TO LAW. (a) A property owners' association is subject to this chapter in the same manner as a governmental body:
(1) if:
(A) membership in the property owners' association is mandatory for owners or for a defined class of owners of private real property in a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more

From what I have learned in my research, because Westcreek is within the extra territorial jurisdiction of San Antonio and San Antonio has a population of at least 100,000 then Westcreek is subject to the Texas open meetings act. If a city, in this case San Antonio, has strong powers to annex a particular area into its corporate limits then that area is considered to be subject to the extra territorial jurisdiction of San Antonio (and San Antonio has a population of more than 100,000).
 
Old 11-22-2009, 11:15 PM
 
Location: SoCal-So Proud!
4,263 posts, read 10,823,786 times
Reputation: 1558
Quote:
Originally Posted by GoinRogue View Post
Good evenin ya'll!!! Geez I feel privileged to see that I rank so high on the merit scale that some of you would actually waste your time to mention me. Thanks for the recognition!! Maybe if I run for the Board, you might even vote for me!!!

On to something serious. I have spent the biggest part of the day researching the notion that the December board meeting is going to be closed. Google and Bing are wonderful search tools. This also brought to mind me hearing something at one of the meetings I attended that the Board didn't have to comply with Texas open meetings act. It had something to do with the population size of the county.

Well guys, let me share with you that the Board told you a falsehood. Open meeting laws apply to homeowner associations and Westcreek is no exception. The Board can't have closed meetings at will. In my research I learned that there is a thing called extra territorial jurisdiction. You can google it like I did if you don't believe me. Anyway Westcreek falls in SA's jurisdiction so the Board isn't suppose to have closed meetings. The board has to air their dirty laundry to all members that show for the meeting.

I must admit I did have help googling so I can't take all the credit.

Let the Board put that in their pipe and smoke it!!!

Here's a link to the SA ETJ map for your perusal. Follow the green dashes.

http://www.sanantonio.gov/planning/p...d/0811GG09.pdf
 
Old 11-22-2009, 11:34 PM
 
43 posts, read 55,888 times
Reputation: 26
Quote:
Originally Posted by firstclassflyer View Post
Here's a link to the SA ETJ map for your perusal. Follow the green dashes.

http://www.sanantonio.gov/planning/p...d/0811GG09.pdf

thanks for sharing!!!
 
Old 11-22-2009, 11:38 PM
 
43 posts, read 55,888 times
Reputation: 26
Quote:
Originally Posted by shoegal39 View Post
LOVE IT!!!

It didn't sound right to me that they could close a meeting to homeowners. Thanks for your hard work.

Nothing the board has been doing is right. the current members are on the board for their own selfish reasons...to flex their muscles and reign from the throne. I think the homeowners of Westcreek should have their own "tea party"...a March on Westcreek!!! I'm game if you guys are!!!!
 
Old 11-23-2009, 04:52 AM
 
Location: Kallison Ranch, San Antonio,TX.
1,671 posts, read 3,841,640 times
Reputation: 727
I have sent an email to the BOD and HOA. Are you going to do the same?

We have to let the people know they cannot pull the wool over our eyes.
 
Old 11-23-2009, 05:09 AM
 
56 posts, read 75,193 times
Reputation: 29
Quote:
Originally Posted by GoinRogue View Post
From what I have learned in my research, because Westcreek is within the extra territorial jurisdiction of San Antonio and San Antonio has a population of at least 100,000 then Westcreek is subject to the Texas open meetings act. If a city, in this case San Antonio, has strong powers to annex a particular area into its corporate limits then that area is considered to be subject to the extra territorial jurisdiction of San Antonio (and San Antonio has a population of more than 100,000).
Don't get me wrong but don't we have to have a population of 2.8 million to be covered by the Open Meetings Act? You are saying that San Antonio only has a population of just a mere 100,000. Where exactly are you getting this 100,000 number that you are referencing? I wonder if there are any other HOA's in San Antonio that have been challenged on this? I like what you have done and this should stimulate a healthy debate on this topic on this blogg instead of the pissing matches that have been going on recently. Checking out now since I got about 30 minutes to get to work. Will check back in later this evening to see what has transpired.
 
Old 11-23-2009, 12:09 PM
 
34 posts, read 116,248 times
Reputation: 31
Still no sightings huh guys? I'll check back later.
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