Rick Phillips 0

Protect the RCPOA from the ACC and BOD inadequacies.

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Fellow POA members, we have a problem that affects our community and could jeopardize us legally and financially. 1.) The ACC has been not approving building plans where there is no covenant violation but where there is an ACC preference or prejudice that, among other issues, there be no metal buildings erected in the community. 2.) The ACC has not approved building plans based on a violation of their own Guidelines which in some cases is obtuse or contradictory to the Covenants. 3.) The ACC withdrew the appeals process which they wrote and which was a sham from the beginning since it was non-binding. 4.) The BOD has not performed it's duty to not enforce a violation where there is none or where a variance could be granted. We want the following actions - all or in part: A.) We want the ACC members to either be vetted and approved and removed by the BOD or consist of an independent third party which would have no prejudices and no biases toward homeowners or builders. In either case the ACC must be responsible to the BOD which has the overall responsibility and authority to carry out the articles and by-laws of the POA. This can be accomplished by a simple change to the by-laws. B.) We want the BOD to eliminate their latest change to the By-Laws and give the BOD responsibility to appoint all committee members as does 99% of all POAs and HOAs in the state of Texas. C.) Since the BOD has the responsibility to enforce the covenants, we want the BOD to be the binding appeals entity. D.) We want the guidelines to never take the place of the covenants - the guidelines are suggestions, not covenants and are not legally binding. If these things are not done, we will inform the necessary authorities including the POA liability insurance carrier.

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