Last Tuesday we witnessed a new calm in the conduct of the Morgan Creek HOA Board open meeting. The disruptive Board member was missing! Business was actually smoothly transacted. It is imperative we keep it up by electing a Board which serves the interests of the whole community.

Three Board seats are open. We urgently need engaged responsible people to fill them. PLEASE, IF YOU WANT TO HELP PRESERVE THIS WONDERFUL COMMUNITY IN WHICH WE LIVE, CONSIDER RUNNING FOR THE BOARD. WE URGENTLY NEED CANDIDATES. For questions on how to apply contact Brian at bbarrow@actionlife.com.

That said, here’s a recap of the meeting highlights:

Board Attendance & New HOA Attorney
Four Board members were present: Lorenzo, Pam, Wes and Newton. Steven was absent.

The Board also brought the association’s new attorney, Matt Plaxton with Tinnelly Law Group, to the meeting specifically to answer homeowner questions and address concerns. Matt stayed for the entire meeting, was fully engaged and answered questions directly from homeowners. His participation and willingness to provide clarification seemed to be very appreciated by those in attendance.

Assessments & Cost Centers
How expenses and reserves are allocated between the General/Master, Lake Community and Golf Villas was discussed.

Matt explained that the CC&Rs are clear about the cost centers and that the allocations are being reviewed with management and the reserve analyst to make sure expenses are being charged appropriately. Some items may simply need to be moved from one cost center to another, rather than requiring additional money overall.

The goal is to have the allocations correct for the 2027 budget and reserve studies. When specifically asked whether he anticipates a special assessment, Matt said he does not foresee one at this time, although they are still working through the numbers.

Director Lawsuit
Matt also addressed the lawsuit between two directors. He explained that the HOA itself is not a party to the lawsuit and that the HOA’s D&O insurance is currently covering the directors’ defense costs. He said he was not aware of the HOA having paid any defense costs to date.

The HOA is not covering either director’s costs to pursue claims against the other. It could potentially advance uninsured defense costs, but a director would first have to sign a written agreement that could require repayment depending on the outcome and whether the director acted in good faith and in the HOA’s best interests.

The lawsuit is public record, so homeowners can access the court filings. Homeowners can also review HOA financial records to see amounts paid to law firms, although detailed legal invoices may be protected by attorney-client privilege.

Security
Four people in masks attempted to climb over the Pinehurst pedestrian gate around 1 a.m. They took off when they were spotted, and the sheriff was called. The Board is also looking into a report that an alarm at the gatehouse may be causing unnecessary sheriff responses.

Everguard has taken over maintenance of the gate camera system, and replacement of the six older license-plate cameras is being considered.

Lake Access & Fishing
There was considerable feedback about the fishing rules and access to the lake. The Board will review the feedback and take it into consideration.

One homeowner expressed concern about the treatment of the fish, trash and fishing gear being left behind, and the disruption caused by groups of kids who appear to be coming from outside the community. Concerns were also raised about e-bikes and scooters being used on the walkways and the impact on residents who live around the lake.

There was separate discussion about whether a common area near the lake that was reportedly accessible to residents in the past should be reopened.

No final decision was made on the fishing rules or expanded lake access. The issue was tabled for additional review and will come back to the Board for further discussion.

If homeowners see misconduct, nuisances or unauthorized fishing on the lake, they should call Security. Security has been instructed to respond and remove unauthorized individuals from the area. If they refuse to leave, Security has been instructed to call the Sheriff.

HOA Fines
A revised enforcement and fine policy will go out for a 28-day homeowner review. Matt explained that most HOA fines will be capped at $100 per violation, with exceptions for certain health and safety violations.

Other Updates
Several landscaping and tree projects are moving forward. The golf course supplemental environmental review could take approximately 12–18 months. Three Board seats are up for election on December 16, and only one candidate had been nominated at the time of the meeting. Residents also reported increased door-to-door soliciting and were advised to contact the gate/security when unauthorized solicitors are in the neighborhood.

At the end of the meeting, one homeowner stood and thanked Lorenzo, the entire Board and Brian for their service to the community.

As always, comments are welcome. Just click the “Comments” box at the top of this Post.