Frequently Asked Questions (FAQ)

 

1. What is the Home Owner’s Association?
   The entire Master Planned Community of Bentsen Palm Development (approximately 2,500 acres) is governed by Bentsen Palm Development Association, Inc. for the purposes of providing a governance structure and a system of standards and procedures for the overall development, administration, maintenance and preservation of the master planned community. Bentsen Palm Development will encompass some estimated 11 separate neighborhoods. Tanglewood and Retama Village are the first 2 such neighborhoods – Del Oro is not a part of the HOA. Each neighborhood will have some type of amenity center designed to create lifestyle enjoyment for the residents of that particular neighborhood.
   
   
2. How are HOA Assessment fees determined?
   Every lot in Bentsen Palm Development governed under the HOA will be assessed the following fees: Basic Assessment is used for the maintenance and operation of the amenities “outside the wall” of the neighborhoods. This fee will support maintenance and operation of the landscape beds, irrigation systems, exterior privacy walls, trails, and such future amenities as the Wildlife Habitat Lake being constructed at the east side of the development. All of these amenities are open for use by all residents of the development. Each neighborhood will also have a Neighborhood Assessment to be used to support, operate and maintain the particular amenity feature in that specific neighborhood. The Covenants (CCRs) and By-Laws were written to protect the neighborhoods such that the fees raised from the Neighborhood Assessment can only be used solely for the benefit of that particular neighborhood. Special Assessments may be levied to provide a particular neighborhood special service, such as landscape maintenance of individual lots, as is done in Retama Village. New Member Assessments are charged anytime there is a transfer of title, with certain exceptions as listed in the Covenants under Section 8.6(d). The HOA Assessments are billed Quarterly and will be collected. The Board has the authority to take legal action, including filing of liens on property and other legal actions to collect the assessments from each lot owner.
   
   
3. Who controls or runs the Association?
   Bentsen Palm Development Association, Inc. is run by a 3 person Board of Directors – currently, Mike Rhodes, Ken DeJarnett and Lori Rhodes. Over time and as a larger percentage of the entire development lots are sold, the Board will be expanded with additional representatives elected by the lot owners. The specific Composition, Powers and Duties of the Board is clearly listed in the By-Laws. The Board may, at its option, create Neighborhood Advisory Committees to advise and assist the Board in the governance of each particular neighborhood. The Neighborhood Advisory Committees serve at the appointment and pleasure of the Board and are strictly in an advisory position.
   
   
4. What is the Architectural Control Committee (ARC)?
   The Board has appointed itself to act as the ARC for the entire development. The duties of the ARC are to set standards and enforce the covenants and restrictions. The Board may appoint the Neighborhood Advisor Committees to assist and advise the ARC on modification or variance request from residents in each specific neighborhood; however, the judgment of the Neighborhood Advisory Committees is strictly ADVISORY and the final decision resides with the ARC and the Board.
   
   
5. What determines whether a modification or variance is acceptable?
   The ARC does not desire to create a “sterile” atmosphere or prohibit individual decorative items being added to an individual site unless such items detract from the quality, taste or interfere with the enjoyment by neighbors of their individual sites. For this reason, a series of focus group meetings were held with buyers and prospective buyers to secure the general understanding of what levels of architectural control was desired by the future residents of Retama Village. Based upon these discussions, the ARC approved (April 3, 2007) a list of Permitted Decorative Items. Decorative finish items added to an accessory building (Coach House) is permitted under Article 3.03 of the CCRs. Although the criteria for approval of decorative finish items is subjective, the ARC determined items, such as shutters, planter boxes under windows, lighting, etc, may be allowed (all require ARC approval) based upon maintaining neighborhood harmony and compatibility with surrounding dwellings. This is accomplished by judging a decorative item request based upon; (1) size of item, (2) composition of the item, (3) color of the item, (4) harmony with the neighborhood style or theme. Within this criteria, all buildings must be the selected color and trim; no glass sliding doors may face street; the colonial French divided-lite doors may not have screens or other obstructions placed outside that changes the harmony of the style/theme of the Coach Houses, etc. Lighting must not interfere with the surrounding lots enjoyment of their site (accomplished with low wattage and non-colored bulbs). Maintaining harmony in the high-quality neighborhood would, for example, allow a Welcome sign if professionally made and meets the other criteria for decorative items added to the front of an accessory building, but would not allow a crude or vulgar sign that is offensive to persons viewing from the adjoining lots or street.

   The ARC desires a high level of “pride of ownership” in each Retama Village resident. This pride of ownership is generally expressed in unique and unusual decorative items that reflect that individual resident. Each request for a decorative item added to the front of a site should be viewed in the above listed criteria. If denial of a request is made, it should be clearly noted why that particular decorative item does not meet the established criteria based on HARMONY and COMPATIBILITY with surrounding dwellings.

   An example of Harmony and Compatibility and of non-interference with neighbor’s enjoyment of their site can be found in Article 3.17 regarding flagpoles. Note that flagpoles are allowed subject to ARC approval regarding height and location. This is designed to insure the “flapping” sound of a flag does not interfere with the quite harmony of the adjoining neighbors. Another example of interfering with the quite harmony of the adjoining neighbors would be the running of the motor of a rig for an excessive period in order to charge batteries. Article 4.06 gives the Association (BPDA) the sole and exclusive discretion to determine what constitutes a nuisance or an annoyance to the neighbors.

   We feel it is unrealistic to demand a sterile community without individual touches brought to each resident’s site. The focus of the Neighborhood Review Committee for Retama Village as well as the ARC should be on HARMONY AND COMPATIBILITY and allowing individual decorative features that does not detract from the high-quality neighborhood of Retama Village.

   In order to get resident input and advice, the ARC seeks the Neighborhood Committee review and opinion of all modification or variance request before making the final decision. We want the best interest of all the residents protected, which protects property values and enhances the quality of life and enjoyment within the neighborhood.
   
   

6. When are meetings of the HOA held?
   BPDA was incorporated to own and operate the amenity/community facilities in Bentsen Palm Development. The first facility was completed in June, 2007 in the Tanglewood Community and the second facility is projected to complete in March, 2008 in Retama Village. BPDA annual year and fiscal year are January 1 – December 31 of each year. The By-Laws require the 1st annual meeting to be held within 1 year of the first sale of property, which occurred on January 31, 2007. The first annual meeting was held on April 3, 2007 and various business of the Association was conducted. Among the items of business was (1) the establishment of the estimated operational budgets for the neighborhoods of Tanglewood and Retama Village, and (2) the call for the 2nd annual meeting to be held in the first week of December, 2008– a time and specific location to be determined. The reason for the extended time before the second annual meeting was to allow actual operations of the two facilities to be determined (since the Retama Club facility was not yet under construction and Tanglewood was not yet completed). It was also determined to forgo collection of neighborhood assessments or base assessments until the 4th Quarter, 2007 or 1st Quarter, 2008 depending upon the completion status of the facilities and that Rhodes Enterprises, Inc. would continue to own and operate the facilities until substantial completion was attained and operation cost determined. The shortfalls in revenue, due to the reduced number of owners paying assessments during the sales period, would be made up by Rhodes Enterprises, Inc. It was also determined that Reserves and Replacements would not start to be accumulated until each subdivision was at 50% sold. All management of the Association would reside with the Board until such time as 50% of a subdivision is sold; at which time, a 12% management fee will be included in the operation expenses. The Board may, at a time in the future where revenue is sufficient, solicit Request for Proposals (RFP) from professional HOA management firms to operate the association.

   The second annual meeting of BPDA will be held in the first week of December, 2008. Sixty (60) days prior to that meeting, management will prepare the following year’s operation budget. The proposed budget will be posted, per the By-Laws and CCRs, at least 30 days prior to the meeting. Separate budgets are required for each Neighborhood Assessment as well as an overall budget for the Base Assessment. The CCRs require that all amounts collected under the Neighborhood Assessment be expended solely for benefit of that Neighborhood. At the annual meeting, a complete financial report will be give for expenses and revenue for the prior year.
   
   

7. Does the HOA have insurance?
   In regard to certain questions about insurances, BPDA has a Commercial Lines Policy with Philadelphia Indemnity Insurance Company (Policy #PHPK248564) which has Commercial General Liability Coverage of $2,000,000 General Aggregate Limit and $1,000,000 Each Occurrence Limit coverage. It does not have Director or Officer Liability coverage. Under the By-Laws and CCRs, the Association indemnifies Directors, Officers and Committee members from any claims arising. Individual property coverage for the facilities is under policies of Rhodes Enterprises, Inc. since all facilities are still under that ownership until formally transferred to BPDA. We anticipate doing this by mid-year 2008.
   
   
8. How do I learn about Activities in Retama Village?
   We have created a website, www.retamaclub.com , that contains an Activity Calendar of current and upcoming events planned for the neighborhood. There is no paid Activities Director, but Linda Cypcar has volunteered to undertake the initial organization of Activities and is authorized to place events on the Activities Calendar. Anyone having a specific event to post should contact Linda until further notice is given.
   
   
9. Who is setting the rules and guidelines for The Retama Club?
   The Board asked the Retama Village Neighborhood Advisory Committee to undertake recommending a series of rules and guidelines to be followed in the Retama Club and various facilities. A great deal of volunteer time has been spent by this and other sub-committees in developing the recommended guidelines and rules that will make the operation and usage of Retama Club more enjoyable for all residents. The Board has the final approval of all recommended rules, as owner of the facility, but desires an orderly and properly managed facility in order for every resident to attain maximum enjoyment from the $1 million facility that is the centerpiece of Retama Village.