On December 11, 2014, a citizen (J.G.) told the city council that he had received a letter from the Waterwood Development Company telling him he could no longer access the park or the clubhouse where the city council meets.
The reason for the letter was because J.G. was behind on his payment of the assessment fee that Waterwood Development Company collects. Because the company owns the park as well as the clubhouse, it has sent out letters to people like J.G. telling them that they may not access the areas. Here is an excerpt:
Therefore, you are subject to immediate rights of enforcement against you. Your rights and the rights of your family,tenants, and guest to use the common recreation areas is hereby suspended until your assessments and all late fees and collections costs are paid in full.
J.G. stated that he was at the meeting illegally.
With Waterwood Development Company sending this certified letter saying that I’m not allowed to be here. I’m wondering if I can be here now or if I can come vote. So [by being here] I’m in violation of this letter.
The city council said nothing to J.G. and ignored the issue entirely by continuing to conduct the meeting.
The city council has never officially made a deal with Waterwood Development Company for use of the park or the clubhouse where it meets.
At the first city council meeting there was an agenda item to approve an agreement between the city and the Waterwood Park Property Owner’s Association, but the item was changed to read that the agreement was between the city and the developer who owns the land and clubhouse. When asked to see the agreement, Mayor Jim Clement was unable to produce it so the council did not vote on it.
The agreement later came up on the agenda at the 2nd city council meeting, but Clement again did not have a copy of the agreement for the council to see so there was no action taken. After that, the topic was never addressed again by council members.
The Texas Open Meetings Act requires that a city council meet where any citizen can access the meeting.
At no time has the city council ever made it clear that all citizens in the City of Sandy Oaks may access the private property and private clubhouse owned by the Waterwood Development Company even if they are banned by the owner of the property.
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