ACA Fees $166.5K

 ACA Fees $166.5K


  1. Architectural Control Authority(ACA)/ NEW HOME PLAN REVIEWS. Hines being a developer of the land charged $350 per Builder(David Weekley, Lennar, Village, Plantation, Darling Homes etc...) per lot. City of Irving had a contract with Hines to Develop this 235 acres of land to develop Parkside residential community. Then around 5-6 Builders like David Weekley, Lennar, Village, Plantation, Darling Homes were given lots to build single family homes on it. Around 875 lots X $350 = $306,250.00. During the time of transfer of the lot from Hines to Builder (David Weekley, Lennar, Village etc...).
  2. As per the legal opinion, from past HOA lawfirm, Hines was supposed to bill only for the last 4 years not beyond those 4 years thus it came out to be around $166.5K.
  3. Hines put a condition that newly elected resident Board sign a general waiver to "release Hines from any future claims" within 24 hours of getting elected otherwise Hines will collect that fee of $166.5K. Which Hines eventually did take over with them on 29th June 2021.
  4. Resident's took control of HOA from 1st July 2021. Elections were held during June 2021. 30th June 2021 was the last day when Hines was in control of HOA. When Hines controlled the HOA there were 2 Resident Board members(who were residents) and 3 board members from Hines(in a 5 Board member HOA board). Thus Hines was in majority in both PCA and PNA and voted to take away that $166.5K from HOA.
  5. Though there is some discrepancy in accounting/calculations, may be around $50K-$65K Hines should not have taken with them or should have taken around $100K only. PCA/PNA should recover that $50K-$65K which management company (VCM) was pursuing over.
  6. The way this last-minute wire transfer happened (just one day prior to election results) and with only 24 hours limit was very fishy as it seems Hines want to force the newly elected Board to somehow sign the general release so that nobody goes behind Hines for any bad designs/construction etc...

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