Meeting Minutes

DEER ISLAND ESTATES PROPERTY OWNERS ASSOCIATION, INC. (DIEPOA)

BOARD AND GENERAL MEETING

6/08/2019

The Board commenced business at 9:20. Attending were:

Lane Davis, President

Mary McLain, Vice President

Paul Cooper Secretary-Treasurer

Ron Johnson Board (via proxy by wife Courtney Dickens)

Bill Hoffman Board

The first item discussed was a menacing dog at Lot 46, currently owned by Rick Truitt. The Wood

Canyon Waters P.O.A. (“WCW”) sent a complaint letter to Truitt. The Board agreed to recommend a

similar action to the DIEPOA.

The Board authorized $20.00 for a new lock to be shared with WCW for the boat ramp.

Lane Davis noted that 5 officers / board members were up for replacement per the DIEPOA By-Laws:

Lane Davis; Mary McLain; Paul Cooper; Anne Sutherland; Vic Everett.

There was a brief discussion regarding DIEPOA homes as rental units. The Board agreed that this topic

was premature for the general meeting.

Lane outlined a goal of moving all DIEPOA official business – meeting minutes, organization documents,

plat maps, owners, etc. – to the cloud (I.e., Google Drive).

Having no further business the Board concluded its meeting.

The General DIEPOA meeting then commenced. The secretary announced a quorum.

The Treasurer’s report was presented, as follows:

Regular Fund Special Fund Boat Ramp Fund Total

3,872.66 2,698.72 2,644.45 9,215.83

President Lane Davis distributed a plat map identifying lot numbers and owners.

Debi Lokey inquired about non-residents fishing on the TRWD-owned grassy strip across from Lot #20.

Lane Davis reported on the menacing dog and actions taken.

The gunfire within the Brinkman compound was then discussed. After some discourse, Tim Vaughan

volunteered to write a letter to the Henderson County Sheriff.

The DIEPOA committed to a social event.

Elections were held. Tim Vaughan replaced Paul Cooper as Secretary Treasurer. Jeff Camp and Debi

Lokey replaced Vic Everett and Anne Sutherland as board members.

Having no further business the meeting concluded at 11:17.

Minutes of a Meeting

of the

Deer Island Estates Property Owners Association

January 11, 2020

The January meeting of the members (the “Members”) of the Deer Island Estates Property

Owners Association (“DIEPOA” or the “Association”) was held on Saturday, January 11, 2020

at 10:00 a.m. at 113 Caribbean Circle. Lane Davis, the President of the DIEPOA, called the

meeting to order. He then stated that 16 Members were present, that a quorum existed for the

transaction of business, and that the meeting was duly convened. Mr. Davis served as Chairman,

and Tim Vaughan served as Secretary, of the meeting.

The first order of business was to consider the minutes from the June 2019 meeting of the

Association. Paul Cooper, former secretary of the Association, read the minutes. Upon motion

duly made and seconded, the minutes were unanimously approved.

Lane Davis then asked Tim Vaughan to give the Treasurer’s report. He reported that the current

balance in the Association’s bank account was approximately $12,987.00. He stated that,

historically, there had been ledger accounts maintained for the boat ramp and special matters, but

that he was unsure of the balances in, or the necessity for, those ledger accounts. Mr. Cooper also

informed the Members that all dues had been paid.

Lane Davis advised the Members that the Wood Canyon property owners association had

reimbursed the Association for its share of expenses related to the summer boat ramp repair

project. He also stated that there was now only one lock for the boat ramp.

The next order of business was to consider unfinished business from the June meeting. Mr.

Davis reminded the Members that they had authorized the Board of the Association (the

“Board”) to address illegal gunfire in the neighborhood, but that no action was necessary because

the gunfire had ceased. He also reported that the dog issues discussed at the June meeting has

been resolved.

The Association then considered new business.

The first agenda item was to discuss short-term rentals. Mr. Davis announced that the Board was

going to investigate the Association’s liability coverage to determine whether its coverage was

adequate given the short term rental activity, and was going to ask Members who rented

properties to provide coverage information to the Board, and to name the Association as an

additional insured on their rental policies. A lengthy discussion of insurance issues followed.

There followed a general discussion of whether, and to what extent, short term rentals should be

permitted. Lane Davis noted that excessive rentals could cause Association insurance premiums

to increase. Courtney Dickens noted that many homeowners’ associations flatly prohibited rental

activity. There was a diversity of opinion on this issue. Several members voiced objections to

increased rental activity, recognizing that those members who currently rent homes should be

allowed to continue to do so. After discussion, it was agreed that the Board would circulate a

survey that solicited opinions on what the Association’s policy should be. Based on the results of

the survey, the Board would circulate a proposed amendment to the Association’s Declaration of

Covenants, Conditions and Restrictions before the June 2020 meeting of the Association.

Mr. Davis then announced that the Board was investigating an online way to communicate with

Members and solicit the payment of Association dues.

As the next order of business, Bill McLain asked whether the Association should adopt a policy

that prohibits excessive noise. Some Members expressed concern about overly restrictive

guidelines that might inhibit the enjoyment of the lake by Members and their families. Most

members agreed that reasonable guidelines addressing noise and similar concerns would be a

good idea. The President said that the Board would evaluate possible guidelines and report to the

members.

Mr. Davis asked if there was any other business. Debi Lokey reported on a burglary at their

home on Christmas Eve. Rob Graham then announced that they would be removing trees from

their front year in the coming weeks.

There being no further business, the meeting was then adjourned.

Minutes of a Meeting

of the

Deer Island Estates Property Owners Association

June 13, 2020

The June meeting of the members (the “Members”) of the Deer Island Estates Property Owners

Association (“DIEPOA” or the “Association”) was held on Saturday, June 13, 2020 at 10:30 a.m.

at 161 Deer Island Road. Lane Davis, the President of the DIEPOA, called the meeting to order.

He then stated that 20 Members were present, that a quorum existed for the transaction of

business, and that the meeting was duly convened. Lane Davis served as Chairman, and Tim

Vaughan served as Secretary, of the meeting.

The first order of business was to consider the minutes from the January 2020 meeting of the

Association, which had been circulated to the Members before the meeting. Upon motion duly

made and seconded, the minutes were unanimously approved.

Lane Davis then updated the Members about the Association website, which allows, among

other things, electronic dues payment. He also advised the Members that he was working on a

website for the Board of Directors of the Association Board (the “Board”).

Lane Davis then called for committee business and reports:

 Tim Vaughan gave the Treasurer’s report. He reported that the current balance in the

Association’s bank account, after giving effect to received, but unposted, dues was

approximately $14,495.00, of which approximately $2,933.00 and $2,698 were

earmarked for the boat ramp fund and the special fund, respectively. He also stated that

there were approximately $1,500 in unpaid dues.

 Lane Davis then discussed the need to establish a boat ramp committee to consider

various repairs including improving drainage, power washing ramp and docks, bumper

repair (if needed), installing concrete walkways and adding new fencing (on the unfenced

boundary on the north side) and perhaps replacing all fencing. He asked for volunteers

for this committee.

 There was no report from the Architectural Control Committee.

The next agenda item was to consider unfinished business from the January meeting.

 Lane Davis presented an update on the short term rental survey, noting that

approximately 25% of respondents preferred no change in the existing policy (which is

silent on short term rentals); 25% recommended that existing owners who were renting

property be allowed to continue renting properties as long as they own the rental

property; and 50% recommended that all existing owners be allowed to rent property as

long as they own the property. He said the Board would establish a committee to address

this issue and that the composition of the committee would include the representation of

all viewpoints. He also stated that the Board had not completed its review of insurance

issues arising in connection with short term rentals.

 Lane Davis then asked Members to be considerate of other residents when they discharge

fireworks on non-holidays and encouraged them to conclude fireworks by 11:00 p.m.

 Chet Marder then gave an update on efforts to obtain Suddenlink internet service for

residents. He indicated that he had not had much success in communicating with

Suddenlink.

The Association then considered new business.

As the first item of new business, the President stated that the Board had approved the purchase

of a no-wake zone buoy for the boat ramp area and that Jeff Camp had agreed to install it.

As the next item of new business, the President called for nominations for officers of the

Association. After discussion, on motion duly made and seconded, the following persons were

elected as officers:

Lane Davis - President

David Nofzinger - Vice President

Tim Vaughan - Secretary/Treasurer

As the next item of new business, the President noted that there were four openings on the Board

and called for nominations for those openings. He noted that the two existing Board members

(Debi Lokey and Jeff Camp) had one year remaining on their terms. After discussion, on motion

duly made and seconded, Vic Everett, Anne Sutherland, Richard Travis and Jody Cooper were

elected as members of the Board, each of whom would such position for a two-year term ending

June 2022.

Mr. Davis asked if there was any other business. There being no further business, the meeting

was then adjourned.

Note:  This meeting was canceled due to COVID

Minutes of a Meeting

of the

Deer Island Estates Property Owners Association

June 12, 2021

The June meeting of the members (the “Members”) of the Deer Island Estates Property Owners

Association (“DIEPOA” or the “Association”) was held on Saturday, June 12, 2021, at 10:30

a.m. at 107 Caribbean Circle. Lane Davis, the President of the DIEPOA, called the meeting to

order. He then stated that 22 Members were present, that a quorum existed for the transaction of

business, and that the meeting was duly convened. Lane Davis served as Chairman, and Tim

Vaughan served as Secretary, of the meeting.

As the first order of business, Lane Davis reminded the members that a January meeting had not

been held due to the pandemic. Although minutes from the June meeting had been circulated, he

stated that the Secretary would recirculate the minutes from the June 2020 meeting along with

the minutes from this meeting.

The President then presented a report regarding the pending lawsuit concerning short-term

rentals. He briefly described the status of the case, who was representing the Association and the

Board’s decision that it would proceed to impose fines for violation of the Association’s short-

term rental policy pending resolution of the case.

Lane Davis then called for committee business and reports:

 Tim Vaughan gave the Treasurer’s report. He reported that the current balance in the

Association’s bank account, after giving effect to received, but unposted, dues was

approximately $13,800.00, of which approximately $2,933.00 and $2,698.00 were

earmarked for the boat ramp fund and the special fund, respectively. He also stated that

there were approximately 16 members who had not paid their dues as of the

commencement of the meeting.

 Jeff Camp then gave the report of the Board Ramp Committee. He briefly described the

plans for the boat ramp and said that that the committee was getting bids on fencing and

concrete. He noted that two members had volunteered to donate excess fencing material.

Finally, he discussed the possibility that the Wood Canyon Waters homeowners

association would contribute some amount to the repair of the board ramp.

 There was no report from the Architectural Control Committee.

The next agenda item was to remind the Members that the Bylaws called for an annual social

event for the Members. Ann Hayes volunteered to coordinate that event and it was generally

agreed to schedule it for the fall of 2021.

The Association then considered new business.

The President called for nominations for officers and directors of the Association. He noted that

officers are reelected annually and that directors are elected for two-year terms. He added that

only two directors were being elected this year – to fill the positions held by Debi Lokey and Jeff

Camp, both of whom had completed their two-year terms. After discussion, on motion duly

made and seconded, Debi Lokey and Jeff Camp were each reelected as directors for a two-year

term ending June 2023, and the following persons were elected as officers:

Lane Davis - President

David Nofzinger - Vice President

Tim Vaughan - Secretary/Treasurer

As the next order of business, Lane Davis then asked Members to be considerate of other

residents when they discharge fireworks during the upcoming July 4th holiday and encouraged

them to conclude fireworks by 11:00 p.m.

Mr. Davis asked if there was any other business. There being no further business, the meeting

was then adjourned.

Note:  This meeting was canceled due to COVID.

Minutes of a Meeting

 of the 

Deer Island Estates Property Owners Association

June 11, 2022

The June meeting of the members (the “Members”) of the Deer Island Estates Property Owners Association (“DIEPOA” or the “Association”) was held on Saturday, June 11, 2022, at 10:30 a.m. at 151 Deer Island Rd. David Nofzinger, the Vice President of the DIEPOA, called the meeting to order. He then stated that 14 Members were present, that a quorum existed for the transaction of business, and that the meeting was duly convened.  David Nofzinger served as Chairman, and Anne Sutherland served as Secretary, of the meeting. 

As the first order of business, Anne Sutherland read the minutes of the June 12, 2021 meeting.   A motion was made and seconded to accept the minutes of the June 12, 2021meeting.    

David Nofzinger then presented a report regarding the pending lawsuit concerning short-term rentals.  He briefly described the status of the case, who was representing the Association and the Board’s decision that it would proceed to impose fines for violation of the Association’s short-term rental policy pending resolution of the case.  There was discussion about the case by several owners including Bill McClain, Bruce Sutherland and David DeJonge.  

David Nofzinger then called for committee business and reports:

• David Nofzinger gave the Treasurer’s report: 

• Operating Balance $7,326.43

• Boat ramp Balance      $2,933.08 

• Special fund Balance   $2,698.72 

• Estimated net membership Fee this cycle will amount to $3,500.00 ( not shown above)

• He also stated that 60%  membership had paid dues at the time of the meeting. 

David Nofzinger gave a brief update on the Technology Committee:

            (chaired by Lane Davis)  He discussed  accessing the POA website, for ACC forms, auto                        payment of Dues and sharing of information.  

            Jeff Camp then gave the report of the Board Ramp Committee. He stated that the committee secured bids on steel fencing, rolling gates and concrete to repair the sea wall. Finally, he discussed that the Wood Canyon Waters homeowners association would contribute 50 % of the amount to the repair of the board ramp.

• There was no report from the Architectural Control Committee which is chaired by Chet Marder.  

The next agenda item was to remind the Members that the Bylaws called for an annual social event for the Members. Debi Lokey volunteered to coordinate that event and it was generally agreed to schedule it for the fall of 2022. 

The Association then considered new business. 

David Nofzinger called for nominations for officers and directors of the Association.  He noted that officers are re-elected annually and that directors are elected for two-year terms. He added that only two directors would remain on the Board through 2023, Debi Lokey and Jeff Camp.  After discussion, on motion duly made and seconded, Board members currently serving including Jody Muse, Anne Sutherland, Vic Everett, and Rick Travis were reelected as directors for a two-year term ending June 2024, and the following persons were elected as officers:

David Nofzinger - President

Lane Davis -                         Vice President

Tim Vaughan -             Secretary/Treasurer 

Mr. Nofzinger asked if there was any other business. There being no further business, the meeting was then adjourned.

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4858-4766-4131, v. 1

Minutes of a Meeting

 of the 

Deer Island Estates Property Owners Association

January 14, 2023

The January meeting of the members (the “Members”) of the Deer Island Estates Property Owners Association (“DIEPOA” or the “Association”) was held on Saturday, January 14, 2023, at 10:30 a.m. at 117 Carribean Circle. David Nofzinger, the President of the DIEPOA, called the meeting to order. He then stated that more than eleven Members were present, that a quorum existed for the transaction of business, and that the meeting was duly convened.  David Nofzinger served as Chairman, and Tim Vaughan served as Secretary, of the meeting. 

The first order of business was to consider the minutes from the June 2022 meeting of the Association. The Secretary then reviewed the minutes for the Members, and, upon motion duly made and seconded, the minutes were unanimously approved.

Dave Nofzinger then provided an update on the pending lawsuit by Bill McClain against the Association relating to short term rentals. He noted that the Texas Supreme Court had declined to review appellate court rulings upholding the right of homeowners’ associations to prohibit short term rentals. As a result, Mr. McClain’s attorney had proposed that the lawsuit be settled without prejudice and without liability to, or payment by, either side. The President stated that the Association’s board of directors had unanimously rejected this proposal. The Members present at the meeting indicated that they fully supported the Board’s position.  The President stated that the Board would keep the Members informed of future developments.

The President then called for committee business and reports:

• Tim Vaughan gave the Treasurer’s report. He reported that the current balance in the Association’s bank account was approximately $17,445, of which approximately $2,883.00 and $2,698 were earmarked for the boat ramp fund and the special fund, respectively.  He also noted that the Association account has an impending Insurance payment of $2033.00 would be subtracted from the current $17,445.00. This will make the account balance $15,330.67.

• Jeff Camp then gave a report on behalf of the Boat Ramp Committee. He reported that a contractor had been engaged to repair the seawall, repair and enlarge the concrete boat ramp and install a new fence. He stated that the contractor had filed for the necessary permit(s), the work would begin within a few weeks, and that all work should be completed before Memorial Day. He stated that Wood Canyon Waters had agreed to pay 50% of the costs of these repairs and improvements, and that the Association’s share of the costs would be approximately [$6,700].

• Lane Davis then provided a report of the Technology Committee and described the resources available to the Members on the website. 

• There was no report from the Architectural Control Committee.

Mr. Nofzinger then stated that there was no other unfinished business and asked whether there was any new business or other items that the Members wanted to discuss.

The Members then discussed security concerns, the advisability of installing a gate for the Association, and whether it would be possible to upgrade the internet services that are provided to Association residents. 

There being no further business, the meeting was then adjourned.

Minutes of a Meeting

of the

Deer Island Estates Property Owners Association

June 10, 2023

The June 2023 meeting of the members (the “Members”) of the Deer Island Estates Property

Owners Association (“DIEPOA” or the “Association”) was held on Saturday, June 10, 2023, at

10:30 a.m. at ___Deer Island Road. Dave Nofzinger, President of the DIEPOA, called the

meeting to order. He stated that a quorum existed for the transaction of business, and that the

meeting was duly convened. Mr. Nofzinger served as Chairman, and Tim Vaughan served as

Secretary, of the meeting.

The first order of business was a reading of the minutes from the January 2023 meeting of the

Association. Upon motion duly made and seconded, the minutes were unanimously approved.

Tim Vaughan then gave the Treasurer’s report. He reported that the current balance in the

Association’s bank account, at June 9, 2023, was approximately $9,427.22, and that the boat

ramp fund and special fund had been depleted. He noted that the cash balance in the account was

increasing daily due to the payment of dues.

The President then asked for committee reports.

 Jeff Camp gave a report of the Boat Ramp Committee. He discussed the status of repairs

to the boat ramp, and the installation of signage and stated that there were a few

remaining items to be completed: including landscaping, sealing pipe and adding

concrete caps. He added that the committee was going to schedule a work day to

complete some landscaping clean-up and the like.

 Lane Davis then provided a report of the Technology Committee. He reminded the

members that they could now pay dues on the Association’s website: www. diepoa.org

and circulated QR Codes that would allow members to pay dues and to obtain access to a

members’ directory.

 There was no report by the Architecture Committee.

The Association then addressed unfinished Business. 

First, Dave Nofzinger reported that the

litigation regarding short-term rentals had been settled. He stated that the Board was negotiating

settlement of the outstanding liens and fines.

Second, Bruce Sutherland gave a report on the information he had obtained concerning the

installation of a gate for controlled access to the Deer Island community. He said he had talked to

some of the neighbors who were not voting members of the Association and who would be

affected by the installation of a gate and that he had not encountered any opposition. He

indicated that it would likely take up to two years to obtain county approval. Various

homeowners asked questions about Association dues, taxes, road maintenance and the like, and

he stated that, as he gathered information, he would circulate information concerning the costs

and ramifications of installing a gate.  Bruce then discussed what he had learned concerning improved internet access, including

installing fiber optic cable (at an approximate cost of $4,000 per home) or installing line-of-sight

towers. He said he would circulate additional information as it became available.

There was no new business to be considered.

The Association then elected new officers and directors. Dave Nofzinger announced that two

vacancies on the Board of Directors existed by reason of the expiration of the terms of Debi

Lokey and Jeff Camp, and that all officers were to be elected. Upon motions, duly made,

seconded and unanimously adopted, the following persons were elected to the offices set forth

opposite their respective names:

Dave Nofzinger – President

Jeff Camp – Vice President

Lane Davis – Secretary Treasurer,

Debi Lokey – Director (three-year term)

Tim Vaughan - Director (three-year term)

There being no further business, the meeting was then adjourned.

4872-5546-2761, v. 1

Deer Island Estates Property Owners Association

Member Association

Minutes of Member Association (Semi-Annual Meeting)

01.13.24

Minutes of the members general meeting of the Deer Island Estates Property Owners Association, Mabank, TX  held at 151 Deer Island Rd in Mabank Tx at 10:30am on 01.13.24.

I.        CALL TO ORDER

Board member David Nofzinger called the meeting to order at 10:10am.

II.      ROLL OF MEMBERSHIP

Lane Davis passed around sign in sheet that shows 17 members represented, indicating a quorum.  All board members were present with the exception of Jeff Camp and Vic Everett.
Others present are as follows:  Associate members (Kerr’s and Russ’s)
III.    OPEN FORUM

IV.    APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

Motion by Debi Lokey to approve the minutes of the prior general meeting held last 06.10.23. Motion seconded by Rick Travis. Motion passed at 10:15am.

V.      FINANCIAL REPORT

Lane Davis gave the treasurer’s report at 10:20.

A.      Operating Fund:                                         $  9452.67

B.      Reserve Fund:                                            $ 0.00

VI.    MANAGER’S REPORT

Davis Nofzinger gave the manager’s report at 10:25am.

A.       Work is complete on the following projects:

a.       Dead tree in common area.

B.     The second suit brought forward by member Bill McClain is ongoing with both sides performing discovery and depositions.  Board is expecting an outcome by the end of Spring.

VII.  COMMITTEE REPORTS

I.        Architectural Review Committee Report

Lane Davis gave the ACC report at 10:30am.  Only the Marder application was received and approved.  Lane Davis also reminded membership to check the poa website for further information when planning for a remodel or modification to their property.  

II.        Social Committee Report

David Nofzinger stated there was no Fall social, and that we need to have a social this Spring.  He solicited volunteers to manage the planning.  Mary Wagner, Debi Lokey, Sharon Hulsey, and Ann Hays agreed to volunteer.  

II.        Boat Ramp Committee Report

David Nofzinger stated that a bid was received for capping the sea wall at the boat ramp.  No movement on this however is happening due to WCW lack of response as well as the current lawsuit.  For DIE, any major outlays are on hold until the outcome of the suit is known.

Davis Nofzinger committed to schedule a work day for the ramp.

II.        Gate Committee Report

Bruce Sutherland provided a background on the gate initiative, location, and the major concerns surrounding that project (money, gate location, approval hurdles from county, road maintenance).  Again, no outlays will be considered until post lawsuit.

II.        Technology Committee Report

Lane Davis stated that not much new to report, but committed to include all internet options (as well as summaries) on the 311 page of the website.  He reminded the membership of the www.diepoa.org name, and encouraged them to review for ACC needs, general information needs, etc.  

VIII.                        OLD BUSINESS

David Nofzinger discussed unfinished business at opening regarding dead tree, and see committees report on status of ongoing business.

IX.    NEW BUSINESS

No new business

X.      NEXT MEETING DATE

The next semi-annual membership meeting will be held on June 8, 2024.

The Board adjourned to executive session at 11:30am.

EXECUTIVE SESSION SUMMARY

The Board held an executive session on 01.13.24 at 10:30am.  During the meeting, the following actions and discussions took place:  There was a discussion regarding the lawsuit that is ongoing.  A brief background was provided by David Nofzinger about the short-term rental changes (CCRs), and the two lawsuits filed by fellow member Bill McClain.  The first suit was conceded by McClain, and the second suit may be completed by the Spring of 2024.  

Secondly, options for internet providers were discussed.  There are three primary options:  BrightSpeed, Conquest, and StarLink. Lane Davis discussed StarLink, and relayed his experiences regarding performance, ease of installation, and total costs (both fixed and monthly).  Starlink is $120 per month for about 100mb and an upfront cost (including installation) of $700 to $2000.  Conquest is $100 per month for 100mb, and is about $150 to install.  Conquest contends they will have fiber available for the neighborhood within 12 months which would provide 300 to 400mb.  No idea of costs.  Conquest requires a line of site to a tower (currently at Truitt’s house) which is not possible for the majority of the neighborhood.  StarLink requires a 180 degree view of the northern hemisphere - unobstructed.  Trees can pose an issue here, and may require a boat dock installation which drives the installation costs up.  Brightspeed is the least effective and slowest option, and was not discussed at all.

Lastly, Bruce Sutherland discussed the gate project, and provided an overview of the location and obstacles for the project.  Costs of the gate, the maintenance (of gate and road), and the lack of choices on proximity are barriers.  If it were approved by members, and funds raised (passing hat around vs assessments), it would still need to be approved by the county, including commissioner and judges.  Final approval could take up to two years per David Nofzinger.  No movement on this project until the outcome of the lawsuit is known.  Bruce also discussed the signs placed in the “beach” common area as a deterrent for non DIE visitors that fish and congregate there at all hours of the night.  No issues have occurred since the placement of those signs.  Signs indicate the beach area is for DIE residents only.

The executive session adjourned at 11:30am.

____________________________

Lane Davis, Secretary

____________________________

01.13.24

Deer Island Estates Property Owners Association

Member Association

Minutes of Member Association (Semi-Annual Meeting) 06.08.24

Minutes of the members general meeting of the Deer Island Estates Property Owners Association, Mabank, TX held at 170 Deer Island Rd in Mabank Tx at 10:30am on 06.08.24.

I.                    CALL TO ORDER Board member David Nofzinger called the meeting to order at 10:40am.  Dave thanked the Coopers for hosting the meeting and social event to follow, and the committee that planned the social event - Mary Wagner, Debi Lokey, Sharon Hulsey, and

Ann Hays. 

II.                  ROLL OF MEMBERSHIP Jeff Camp passed around sign in sheet that shows 17 members represented[JC1] , indicating a quorum. All board members were present with the exception of Lane Davis – Secretary/Treasury, and Directors Vic Everett and Bill Hoffman.   Others present are as follows: Associate members (Kerr’s and Russ’s)

III.                OPEN FORUM

IV.                APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING.  Dave Nofzinger reminded members of minutes on website, and moved to approve the minutes of the prior general meeting held last 01.13.24. Motion seconded by Jeff Camp and Rick Travis. Motion passed.

V.                  FINANCIAL REPORT Dave Nofzinger gave the treasurer’s report.

a.       Operating Fund: $ 12,208.90 as of 6/4/24

b.      Total Delinquencies $ 0.00

c.       Dave Nofzinger indicated dues outstanding from annual member fees of $2,250 expected to be collected, taking expected operating balance end of month to $14,458.90.  Expenses incurred include insurance premium paid in January of $2,126 and monthly utility expense of ~$137.   Board had limited expenditures pending lawsuit remediation.  Insurance deductible of $1,000 has not been invoiced to cover attorney fees.

VI.                MANAGER’S REPORT Davis Nofzinger gave the manager’s report.

Dave Nofzinger gave an update on the McClain lawsuit, and a short review of the history for context:

·         History of the changes in TX Law and vote of the community to restrict STR

·         Second lawsuit brought by a neighbor against McClain that has been settled

·         McClain filing lawsuit against POA in an attempt to remove assessments filed

·         Insurance for the POA is covering legal fees after our $1,000 deductibles are paid

McClain suit is ongoing.  Previous expectation is lawsuit would be settled by Spring 2024.  In Feb/Mar depositions were filed requesting records, and noting the documented discussion from the June 2021 open members meeting where:

a.       McClain noted recommendation from his attorney to continue to rent the property during the lawsuit

b.      Board members noted a continuation of documenting and filing assessments per the CCRs

Late March – attorneys proposed remediation vs. litigation, which was accepted by the Board

As of meeting, no agreement on mediation data has been established between the parties.  Given lack of progress on mediation, DIE Board initiated action in May to continue deposition and subpoena of records.

Question was raised about expected timing of settling the lawsuit – not clear at this time but we are resuming the deposition and subpoena process given lack of activity on agreed to mediation.

VII.              COMMITTEE REPORTS

a.       Architectural Review Committee Report. Dave Nofzinger gave the ACC report. Only the Graham application was received and approved.  Dave Nofzinger also reminded membership to check the poa website for further information when planning for a remodel or modification to their property

b.       Social Committee Report David Nofzinger thanked members Mary Wagner, Debi Lokey, Sharon Hulsey, and Ann Hays for coordinating the lunch social that followed this member meeting.

c.       II. Boat Ramp Committee Report David Nofzinger outlined a decision to move ahead with a boat ramp clean up day to finish the minor remaining items, and moved to form a committee to coordinate new signage and refreshed seawall cap bids for placing concrete on the eroding areas.  The motion was seconded and approved.  Committee Member volunteers were Bruce Sutherland, Kevin Mohl and Rob Lowry for the clean up day.  Bruce Sutherland and Dave Nofzinger will work on the signage.  Dave Nofzinger communicated board approval of signage (~$700) and expectation of sea wall concrete of ~$1,500.

Dave Nofzinger will be contacting the WCW Board to request partial funding of the repairs, and to communicate situations that have been reported about guests/renters in the WCW neighborhood using the ramp for swimming and recreation (not allowed by TWRD regulations, and risk to liability from injury).

VIII.            OLD BUSINESS Bruce Sutherland gave an update on the prior discussions about installing a gate around the property, including:

a.       Plan and location

b.      Truitt Property history, and prior agreement that he was not opposed to the gate despite not being currently in the Deer Island POA community

c.       History, timeframes and approvals required would take approximately 2 years

d.      Discussed presenting a straw poll to community members following lawsuit settlement to determine level of interest in pursuing

e.      Bruce offered to update costs in preparation of a straw poll to inform members of approximate costs

f.        Noted that County Commissioner and a Judge must approve before any project could proceed.

IX.                 NEW BUSINESS

·         Discussed incidents recently with children on golf carts in the community, and Dave Nofzinger agreed to discuss with WCW board to remind of safety and liability.

·         Discussion regarding fireworks being set off as late as 2am on no- holiday weekends, including fire danger from mortars being fired too close to docks and property.    Reminder to members to be courteous and reasonable on times of fireworks, discussion of not later than 10:30 pm on non-holiday weekends as a reasonable time.

·         Rob Lowry brought up light pollution increases, specifically requesting a fellow neighbor (Graham, 106 Carribean Circle) to adjust the new light installed on his dock.  Rob Graham noted he had been making improvements, did not realize the light was a bother and agreed to address within a few weeks.  Rob Lowry suggested incorporating changes in the CCRS to address – Dave Nofzinger and other members indicated neighbor to neighbor communication was a better method to address these situations.

·         Boat Ramp Clean Up Committee Volunteers were Bruce Sutherland, Rob Lowry and Kevin Mohl.

·         Internet Update – Discussion and update led by Dave Nofzinger and Bruce Sutherland on internet service providers in the area:

o   Conquest is working on major projects in Mabank, but has signaled an intent to bury Fiber in our area

o   Starlink – Several members gave update on their experience with Starlink which was generally favorable, although equipment costs and line of sight from dock located receivers impacted costs and performance.

·         Officer Elections

o   Suggestion to retain board members through settlement of lawsuit.  All current officers agreed to retain positions unless a new member requested to run for the seat.  No nominations were received – Dave Nofzinger was re-elected as President, Jeff Camp was re-elected as Vice President, and Lane Davis was re-elected as Secretary/Treasury.

·         Director Openings were discussed – with all potential positions except Debi Lokey were up for re-election.  Rob Lowry indicated an interest in serving on the board.  Dave Nofzinger asked any eligible members that were in position to roll off if they were willing to vacate their seat.  Rick Travis signaled an interest in releasing his seat.  A vote was taken and approved to elect Rob Lowry to Rick Travis’ vacated seat.  UPDATE – it was quickly realized that Rob Lowry is not an official owner of the property, and therefore cannot elected.  Rick Travis remains as director.

·         Motion was made and approved to re-elect all other officers.

·         Final Business – Dave Nofzinger thanked the Coopers for hosting the upcoming social luncheon and the social committee volunteers.  Coopers communicated that lunch would start around 11:45 due to early

Meeting was adjourned at 11:15 am.

____________________________ Jeff Camp, Vice President

____________________________ 06.08.24

 [JC1]I left the sign in sheet in the box with the voting – so need to add in the exact numbers and names of associate members – not sure the Kerr’s were there.

NOTE:  This meeting was canceled due to weather