Riverchase(3)-CS 960424 KENNETH A. HILL
826 Mallard Drive
Coppeil, Texas 75019
April 24, 1996
Ms. Karen~mer
SBB M~agement Co.
480.0.0~pring Valle_y, Suite 115-B
//,EYallas, Texas 75244
Re: Riverchase Homeowners Association, Inc.
Dear Ms. Palmer:
I am in receipt of your April 8, 1996 letter. Your letter aptly demonstrates that SBB
Management is completely out of touch with the property owners in Northlake Woodlands, and
apparently knows very little about the Riverchase Homeowners Association. For your benefit,
following is a brief summary of the reasons none of the property owners in Northlake Woodlands
are responsible for 1996 assessments to SBB Management or Riverehase Homeowners Association.
Although you seem quite familiar with the portions of the Amended and Restated
Declarations of Covenants, Conditions and Restrictions ("CCRs") that purport to impose obligations
on me, you conveniently ignore the portions that impose obligations on Riverchase Homeowners
,~ssociation. For example, I understand that no audited financial reports have been made available
for the past several years, as required by Article V, Sec. 5.01 (n). Moreover, the association has done
absolutely nothing to enforce the CCRs governing Use of Property and Estates in Northlake
Woodlands. By simply driving down the streets in Northlake Woodlands, one can observe scores
of violations that have gone unchecked by the association. In addition, I have never been informed
of an annual meeting of the Riverchase Homeowners Association or allowed to vote for officers,
both of which are required by the association's by-laws. Finally, I have not received anything to
indicate that SBB Management is an authorized representative for the association. The only things
I have ever received from the association or SBB Management are notices to pay every year. The
failure of SBB Management and the association to meet their obligations under the CCRs and the
association's by-laws completely excuses any obligation I might otherwise have to pay any
assessment.
Aside from SBB Management's and the association's failure to satisfy their obligations under
the CCRs and by-laws, no resident of Northlake Woodlands is obligated to pay any assessment to
the Riverchase Homeowners Association for 1996 or thereafter. In exchange for the City of Coppell
assuming the Riverchase Homeowners Association's maintenance responsibilities along MacArthur
Boulevard, the association was to release the residents of Northlake Woodlands effective January
1, 1996. Either (i) SBB Management is unlawfully attempting to coerce the residents of Northlake
Woodlands into paying a 1996 assessment we don't owe or (ii) the Riverchase Homeowners
Association has breached its agreement with the City of Coppell. Either way, I will not pay the 1996
assessment.
TF:L:\TDP, KAH'~PALMER. LTR
Ms. Karen Palmer
April 24, 1996
Page 2
I am not easily intimidated, and your impotent threats of collection do not even come close.
In fact, your letter only strengthens my resolve to teach SBB Management and the Riverchase
Homeowners Association a long-overdue lesson in corporate responsibility. Please take notice that
if SBB Management or the association takes any further collection efforts against me or my
property, I will avail myself of ail legal remedies to which I am entitled. The remedies that
immediately come to mind include claims for fraud, breach of contract, breach of fiduciary duty,
breach of the duty of good faith and fair dealing, civil conspiracy, violation of the Texas Deceptive
Trade Practices-Consumer Protection Act, slander of title, and intentional defamation of credit. I
suspect additional claims and causes of action would become apparent ifI were to investigate the
activities of SBB Management and the association more closely. In addition to actual damages, I
will seek sanctions, attorneys' fees, and exemplary damages, if appropriate. Trust me, this is not a
fight you want to start.
Very truly yours,
1
cc: Tom Morton, Mayor, City of Coppell
t/Jim Witt, City Manager, City of Coppell
Ron Robertson, Mayor Pro Tern, City of Coppell
Peter G. Smith, City Attorney, City of Coppell
TF:L:\TDFxKAH',,PALMER. LTR