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December 29, 2000 The President, on behalf of the Caldwell's Creek HOA Board of Directors, released the following statement: The Caldwell's Creek Board of Directors voted unanimously to file a lawsuit against companies believed to be controlled by Raman Chandler, the developer of Caldwell's Creek. Regrettably, the Board of Directors was left with this option as the only viable manner to resolve questions that have the potential to negatively impact all homeowners. Prior to releasing any comments, the Board awaited confirmation that the developer was properly served by the authorities. The primary issues were as discussed at the recent homeowners' annual meeting in November: 1.) The Board is of the opinion that the common space should be properly deeded to the Homeowners' Assoc. and that action taken after the formation of the official HOA organization to cloud the title by the developer should be addressed by the court. 2.) The Board is of the opinion that additional papers, filed by the developer, even after the formation of your HOA, was meant to limit the HOA's ability to enforce its own deed restrictions, by reserving these rights solely for the developer. Further this is not in the best interest of homeowners, not fair and should be addressed by the court. 3.) The Board is of the opinion that a demand note to the HOA, from the developer, for over $111,000, is without adequate merit. Further, the Board does not feel the developer has acted in good faith in regards to presenting the HOA with bills for items such as attorney fees he spent when suing the City of Colleyville two years ago and other expenses. Although the Board rejected this request, the demand note remains outstanding without resolution. The Board of Directors remains available to discuss a resolution of these matters with the developer or the developer's representatives. In lieu of a resolution in this manner, the Board of Directors are committed to pursuing all legal remedies available to protect the property values and interest of homeowners in Caldwell's Creek. Board of
Directors
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