by Marlys Hersey
Editor

Property owners of Terlingua Ranch convened on Saturday, January 26, in the conference room at the lodge headquarters, for the quarterly meeting of the board of directors and annual members meeting of the Property Owners Association of Terlingua Ranch, Inc. (POATRI).

Attendance was notably lower than at some other annual meetings, and the number of ballots cast for new directors decreased from last year’s elections, perhaps more fallout from a lawsuit that has hobbled the association for a year and half. The lawsuit, instigiated by a collection of property owners against others on the board at the time the legal petition was filed, stems from the core allegation that “actions of the defendants are a civil conspiracy... to wrongfully change the character of the Association and to change the methods of management of the Association.”

While it was hoped by many that by the time of this meeting a proposed settlement to the lawsuit would have been approved by the judge in Brazoria County, TX, where the case is being heard, questions raised about the legality of two items in the proposal have stalled the judge’s final ruling on the case while legal research is being completed.

“As you can imagine,” said director T.J. Ramey in updating the board on the Strategic Planning Steering Committee, “everything’s pretty much been put on hold because of the lawsuit.... We’re not initiating or suggesting any future project until the lawsuit is settled.”

Board members and many property owners alike remained optimistic that POATRI will soon be able to put the lawsuit behind them and move forward on a myriad of issues, though the direction of such movements will likely still be hotly debated amongst disagreeing factions.

As of December 31, 2007, said treasurer Don Backer, the lawsuit has cost the coroporation $67,558.

Perhaps because of that pricetag (still increasing), several individuals who are often quite vocal at such meetings were strikingly silent.“This may be the first board meeting I’ve been at since 2006 when someone hasn’t stood up and said, ‘I’m gonna sue you,’” noted Attorney Cano.

Another concern voiced at different points during the meetings by both director T.J. Ramey and his wife Renee was a recent incident at the Brazoria County Courthouse, in which an un-named property owner allegedly approached director and treasurer Don Backer and his wife and threatened him.

Operations Manager Alida Lorio followed Mr. Ramey’s initial relaying the incident to the group with a note that these sorts of grave threats from property owners are common.

“I was right behind Diane and Don [Backer] when the attack happened,” Mrs. Ramey told fellow property owners when it was her turn at the microphone. “It was hideous... uncalled for. This man [gesturing towards Don Backer] puts in more time than anyone else on this board. Yes, you can disagree with him – but do it civilly.” Then in a broader admonishment that might be applied to Ranch interactions across the board, “People need to be kinder to people,” she concluded.

The perennial topic of what to do with the lodge operations (the restaurant and the cabins for rent), which still don’t make a profit, was addressed yet again. This time, during the members’ public forum, property owner, real estate broker, and motel owner Barbara Trammel gave her input on the matter, solicited for her professional expertise by the Operations Manager. If the lodge facilities are sold to a private enterprise, as some parties would like to see happen, “You have no control over the facilities,” cautioned Trammel, noting potential problems with road access around the lodge and other complications. If retained by POATRI and made profitable, Trammel suggested, “then that might perhaps offset our maintenance fees.... If you gave me this place and give me two years, I could turn it into a half a million a year producing income – except I’m too busy.”

Other highlights of the meeting including a motin made by Director Kathleen O’Keefe, and passed, that no owners’ ballots will be excluded due to non-payment of the Non-Recurring Charge or the Special Income Assessment, two special fees outside of regular annual members fees; this was already agreed upon during the the October 2007 board meeting, as part of the proposed settlement to the lawsuit. Since the settlement is still pending, O’Keefe and the board made sure this item was passed separate from the settlement.

ABOVE: “The last 9 years have been intense, both wonderful and awful,” noted Director Janet Sullivan (standing, second from left), who chose not to run for re-election, finishing 9 years on POATRI’s board of directors. In a farewell statement which was received with a standing ovation, Sullivan highlighted the progress she’s seen during her tenure as director: “Now we have a fully updated Policies and Procedures Manual.... Now we have a full-blown professional budget.... Now we have full-time management of the entire operations.... Now we have 2 full-time road maintainers with a fully-trained staff.... Now we deal with assets of $2 million.... The days of hip-pocket management are gone.”

ABOVE: Attorney for the defendants and POATRI in the pending lawsuit Rudy Cano pointed out the  profound “ripple effect” on matters outside the direct litigation. “Once you’re in that environment when every single thing you do you’re being scrutinized... then you do the prudent thing and run it by your attorney.”

ABOVE: Part of the lodge facilities whose fate seem to be perennially in question -- the building which houses the Bad Rabbit Cafe and the conference room sits at the base of picturesque Whitehouse Mountain. The pool is just out of sight to the right.

ABOVE: Ed Hersey (no relation to this author) addressed the crowd multiple times. The first time, Hersey thanked the board for and especially Treasurer Don Backer for all his work and for his “transparency.” Hersey also suggested that POATRI consider making the lodge an international hostel. Later, in response to Steve Cobb’s voiced concern over the low numbers of property owners who vote (of some 4903 property owners of Terlingua Ranch, only 774 ballots were received in this year’s election), Hersey commented “If only 20% or less vote, then your vote counts 5 or 6 times the weight, so don’t complain.” Members discussed the possibility of being able to cast ballots via POATRI’s website, and of the ballots being secret, to increase confidentiality and therefore possibly voter participation.

ABOVE: One of three newly-elected directors, Dick Willauer (who received 414 ballot votes) suggested  establishing a Neighborhood Watch program of sorts during hunting season, to help prevent poaching and trespassing. (Other two newly elected directors are Elizabeth Demetri (405 votes) and Frank Oxsheer (363 votes).)

ABOVE: Pat Wheaton, a resident of the Cedar Springs part of the Ranch, implored the membership to help find a solution to the rampant problem of illegal hunting and trespassing. During hunting season, Wheaton explained, “there are people shooting all over our property. Please help us find some kind of way to get the word out to all of these so-called guests that they can’t just hunt anywhere. Please – it’s killing us. And we’d getting older.” Wheaton suggested shutting down the Ranch from hunting for several years. “There are hardly any living creatures left  out there. They shoot everything....”
Operations Mgr. Lorio said that “the one thing that will really work? Colleague pressure.” Lorio urged fellow property owners to report such activity when they see it, and be willing to follow through and press charges. “Please be willing to be involved when you know of a problem.”