Power Ranch Community Association
Design Review Committee Meeting (Appeals)
Written by Anh Jung, December 14, 2023
Here are the notes from the Design Review Committee Meeting at Carriage House that took place on December 12th, 2023, at 6 PM:
Upon my arrival, I had the opportunity to speak with Paul Lopez, a committee member who is also a homeowner. Paul was friendly and polite and mentioned that he has been on the DRC for five years and is also involved in the Landscaping Committee.
The following committee members were present:
– Stephen Whitworth
– Steve Chucker
– Paul Lopez
– Donna Baldwin
– Jennifer Rotta
Also in attendance were CCMC employees Cynthia Badger and Irene Sousa.
During this meeting, there were two homeowners who were asked by CCMC to attend and present their cases in order to appeal the violations they had received. It is important to note that both owners consented to having their cases recorded and documented.
Case 1 - Homeowner's Appeal: Gate Violation
The homeowner residing in The Willows received a citation for a gate violation. For those unfamiliar with The Willows neighborhood, here are a few examples I found on the MLS and Google Earth that depict the gate style in this area:
The homeowner stated that his gate was cited for a violation because the metal frame is a different color than black. Please refer to the photos below for reference.
What the Declarations and Design Guidelines say?
Design Guidelines, dated 9/1/2000:
Gates
No gates to access the Common Areas shall be permitted. Side yard access gates must be designed, constructed and finished to match gates on lots within the Neighborhood in which the lot is located. Consideration should be given to heavy-duty steel jambs and gate frames.
Design Guidelines, dated 1/1/2023 (changes are in BOLD):
Gates.
No gates to access ACCESSING the Common Areas FROM A HOMEOWNER’S LOT shall NOT be permitted. Side yard access gates must be designed, constructed and finished to match gates on lots within the Neighborhood in which the lot is located. Consideration should WILL be given to heavy-duty steel jambs and gate frames. Trex material will be considered, but must be of a natural wood color/appearance. Gate materials shall be kept in good repairs at all times. Gates cannot exceed the height of the wall.
The homeowner went on to explain that he personally thinks that a gate that matches the color of the home looks better than a gate (with metal) that is black and that the guidelines state that the wood paneling is supposed to be “wood color” but he points out that there is not a specific color of wood. He also pointed out that the Design Guidelines will not allow homes to be painted the same color next to each other and questions why our gates all have to match? Which is a valid point!
The homeowner’s request and appeal is that he would like to see the guidelines opened up to provide homeowners a couple of different options.
Response from DRC, Stephen Whitworth:
Stephen responded by saying that the Design Guidelines are reviewed and modified annually (October) and that he encourages the homeowner to submit a suggestion to include his gate requests to CCMC, Cynthia Badger. He said that all of the submissions are looked at and that gates will certainly be one to be reviewed. But right now, the guidelines does not support a color other than black gate frame.
The homeowner asked if the DRC has the authority to issue a variance to the guidelines and Stephen answered yes but added that he would not issue a variance on this case and that the homeowner would need to take it to the Board. He further explained that the DRC’s responsibility is to enforce the guidelines but does not address appeals.
All guest attendees seemed rather shocked by this because both homeowners were instructed by Cynthia Badger to attend the DRC meeting this evening to appeal their violations. Stephen restated that the DRC is not responsible for appeals.
Stephen is correct in his advisement here and it is the fault of CCMC to provide the homeowner with inaccurate information. See below information as stated in the Bylaws, Declarations, and Design Guidelines regarding appeals. I have also made a note to see if this owner’s concerns are acknowledged when discussions of the Design Guidelines are to be updated and if it makes it on the agenda at the next Board meeting.
(amended) Declarations, dated 10/11/2002:
Section 11.4 Appeal.
Any Owner or other Resident aggrieved by a decision of the DRC may appeal the decision to the Board in accordance with procedures to be established by the Board. Such procedures would include the requirement that the appellant has modified the requested action or has new information which would in the Board’s opinion warrant a reconsideration.
My intentions for this particular meeting was to be an observer out of respect for the other homeowners who were there to appeal their cases; however, my experience with CCMC is a very similar one. I received a violation notice (not gate related) from Cynthia Badger and immediately reviewed the Declarations to understand my rights. I immediately contacted CCMC/Cynthia Badger to inquire and appeal the violation. At which she stated I need to attend the Board meeting to appeal. When I attended the Board meeting and spoke up about my violation the Board stated that I needed to address my appeal with the DRC and that the Board does not address appeals. Wait, are we going in a loop? I see a major issue with this. The right hand doesn’t know what the left is doing. The Board, which is responsible for providing instructions to CCMC, appears to have a systems and process issue. If this is the case with only Design Review, I cannot help but wonder if anyone is actually behind the wheel. Anyway, for the purposes of being only a spectator at this meeting, back to the show…
Case 2 - Homeowner's Appeal: Uncited Paint Color
Homeowner came in with his wife and explained that their home was cited for nonconforming paint color scheme. The homeowner brought photos of his home as listed on Zillow in 2021 when they purchased it which was the same paint color scheme that it is presently. The homeowner has not modified the paint on his home. He stated that he was able to pinpoint that around 2018 when the previous homeowner was in the home, it was painted but no violations were ever issued until recently.
The homeowner requested that he be allowed 6 months to have the home repainted which the DRC approved and noted.
Additional Notes:
During the meeting, I gathered a few additional pieces of information. Firstly, the Power Ranch Community Association is funding trucks exclusively for CCMC employees. These trucks are primarily utilized by Cynthia Badger for property inspections, which she spends around 6 days per month completing. It left me wondering when and who approved this purchase and why golf carts weren’t considered instead. Opting for golf carts would not only save on fuel and insurance expenses but also seem more practical. From a cost-savings perspective, as a manager, it was not unusual to use a personal vehicle, complete the inspections on the way into or out of the office, and requested gas/mileage reimbursements or the company-provided vehicle. Hence, this decision seemed puzzling to me; however, I refrained from further questioning during this specific meeting but something definitely worth considering when looking to ways to reduce homeowners’ dues.
It is important to note that during the meeting, it seemed like CCMC was the one leading and none of the Committee members spoke except for Stephen Whitworth. When asked about fines that were imposed on homeowners, Stephen said that the DRC does not issue the violations nor fine homeowners but it was the responsibility of CCMC to do so.
When asked why CCMC does not provide the DRC with a report detailing who has been fined and the reason for the fine, Irene responded by stating that it is stipulated in CCMC’s contract that they are authorized to impose fines without requiring approval from the Board or DRC. I have requested a copy of this agreement.
Several other issues were brought to light at this meeting including a homeowner’s right to record an open meeting. Another post will follow as I wanted to keep this one about the DRC appeals process only.
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