Dear Neighbors,

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You may, or may not, be aware that the marinas that share West Cove are not part of Windermere Oaks.  They are separate entities whose owners (by marinas' CCR's) must be Windermere Oaks Property Owners. As WOPOA members they have the same rights as all members to access the roads, the ramp and cove area. The Windermere Marina Association (WMA) and the Sunset View Marina Association (SVMA), along with the Windermere Oaks Property Owners Assn. (WOPOA) had peaceably shared West Cove since the 1970's.  

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In 2016, however, slip owners of these private marinas were forced to defend their property rights against interference from certain WOPOA Board members under the guidance of D. Flunker, then president of the WOPOA. As WOPOA neighbors of yours, we’d like to explain our actions. They are not without cause. 

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Lake Travis water levels rise & fall.  During the 4-year drought from 2011 to 2015 the Windermere & Sunset marinas followed the fall of the lake level, as per LCRA mandate, and dropped to ground far from their usual cove locations near the boat ramp. Lake levels hit the drastically low 620-630 ft. level during this period -- only several feet from the historical drought of record. 

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The drought ended in the Fall of 2015 with huge rains and an approximate 40 foot rise of water over a matter of days/weeks. As might be imagined, this caused quite a bit of disarray over the entire 64 mile long Lake Travis. Trees & bushes had grown tall and were breaching the surface in many areas of the cove. Debris was everywhere. 

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The lake subsequently fell & again rose, and in late October, thankfully a very low boating period, the Windermere Marina lost anchorage a few times over a week period causing it to shift and very slightly narrow the boat ramp passageway.  This had not been known to happen in decades, nor was this single instance a concern as the LCRA authorities as they acknowledged: "marinas sometimes move." The LCRA advised the marinas to adjust & secure their anchorage accordingly, which WMA promptly did.

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While the marinas were working on minor repairs and updates to be in compliance with the LCRA newcomer to the neighborhood, C. Friedsam, lodged a complaint with the LCRA against the marina.  Little did anyone know this would be the catalyst to a lawsuit that would ultimately result in the LCRA's unnecessary production of hundreds of pages of documents, gross expenditure of the Property Owners Association & their insurer's funds, as well a huge draw from individual slip owners’ pockets.

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Meanwhile, on Jan. 2, 2016 the WMA Board agreed to meet with POA Pres. Flunker and some board members at the boat ramp to sort out electricity issues at the cove. The marinas had for decades owned the electrical hookups at the cove & hosted the electricity for the WOPOA picnic lights. When the marinas moved out of the cove they disconnected power and at some point the WOPOA took over their PEC account. There were issues to be worked out since status of the electric was unclear to both parties into February (See subsequent Flunker letter to marina).

 

Marina Board members, Dirk Hoekstra and Sandy Neilson, offered to (then) POA President, Danny Flunker, that the marinas would again pay for the community’s electric at the cove as it had for decades. Flunker responded that he was sorting out the electric. Despite the marinas earnest efforts to sort out the electric (see: letter from marina), a few members of the WOPOA Board spread rumors that the marinas were using the POA's electric. While this may have been the case for a couple months during re-hookup (amounting to possibly $30-$100) clarity had been requested of Mr. Flunker but was not forthcoming.

 

The agenda of the 1/2/16 meeting ultimately was re: moving the courtesy dock from it's specially built pad & mooring on the right side of the ramp over to the left side within 10 feet from the marina.  LCRA mandates 50ft. distance between docks. Marina reps voice concern of safety as well as unstable mooring area for the Courtesy Dock. Regardless of safety concerns the courtesy dock was subsequently moved and continued to cause safety, mooring, and damage cost concerns.  (See: courtesy dock safety / mooring / damage)

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Representatives of the WOPOA Board then posted signs (see: "danger” and “under construction”) at the marina gangplank which caused confusion & safety worries for the community members and slip owners.  Meanwhile, the marinas continued to make effort at constructive communications.

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Unbeknownst to other POA board members the POA President had spent unprecedented Association funds (nearly $25,000) in personal consultation with the WOPOA Attorney about the marinas and on March 3, 2016 both the Sunset View & Windermere marinas received certified letters from the WOPOA attorney giving the marinas 10 days to comply with 10 specific demands from the WOPOA or “cease all use of the POA property.”  These demands would have allowed the POA to deny slip owners easement rights to their own property — rights that have been in place since the 1970’s.  Here is the [Marinas' Answer] 

 

In April the 2016 WOPOA Board of Directors unanimously voted to hold official mediation with the Marinas but the board failed to invite or process the mediation. The marinas had no knowledge of this vote & determination until long after.  Nonetheless, the marinas continued sincere conversation with various board members. Finally, the marinas were given a list of demands by Mr. Flunker, which if agreed to, would “allow” the marinas to mediate with the WOPOA. The marina refused based on the ridiculous and damaging nature of the demands.

On May 3, 2016 Mr. Flunker falsely claimed that the electrician deemed the marina's power cords dangerous.  The marina's electrician inspected the marina's electric cables and cited no danger.  The marina notified the POA that the "skull & crossbones" sign they erected at the marina would be removed and left for their retrieval. (See May 3 & 6 communication)

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Good faith negotiations by the marinas fell through on May 13th when then POA President, Danny Flunker, had the electric breaker physically dismantled.  This not only interfered with slip owners’ right of use of their private property but created a hazard for the community & lake-goers, as without electric the marinas' navigation lights do not work.   The marinas were forced to purchase temporary solar lighting as well as a generator for minimal operations to fulfill LCRA mandates and keep the marina & community safe.

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On 5/22/16 a "Q&A" with the WOPOA attorney was held (without a board vote) "about (against) the marinas" which further pushed misinformation and divided the community. At this meeting, Pres. D. Flunker publicly promised to restore power to the marinas "IF" the marinas would agree to mediate with the POA.  The marinas had already been willing to mediate with the POA.  They again agreed.  Power was not however, as promised by Mr. Flunker, restored to the marinas.  The WOPOA then refused to mediate with the marinas except through their attorney.

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The WOPOA President, D. Flunker, then notified the marinas' contractor that he was no longer allowed in the community to service the marinas. This action affected a decades long relationship with marina contractor and tied the marinas' hands even more relative to repair & service of the marinas.  See letter to board.

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As a result of the WOPOA's actions at the direction of Mr. Flunker, it became apparent that the marinas needed to take legal action in order to defend slip owners' property rights. The court ordered a Temporary Restraining Order (TRO) on June 9th, which was later converted to a Temporary Injunction.  These orders prevented the POA from further interference and also allowed the marinas (at their own expense) to repair the electrical system in order to restore the marinas' power, allow owners to safely access their property, and bring the cove area back to safety.

 

Numerous times during the legal battle that ensued, hearings were scheduled for which the WOPOA requested extensions, resulting in running up the legal defense bills for the 24-owner Windermere Marina Association. The WOPOA Insurer evidently informed the Board that they ultimately had a losing case, at which time the Board offered to mediate with the marinas. The resulting end cost for this lawsuit was approx. $285,000 for these unwarranted interferences by certain WOPOA Board members. The WOPOA insurer covered $80,000 of the POA's legal fees and $60,000 of the Marina's legal fees while $120,000 in legal fees were covered personally by 24 slip WMA slip owners.  Slip owners wound up bearing expense on both ends since they are property owners as well.

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The FINAL  JUDGMENT permanently enjoins the WOPOA  from interfering with the marinas and gives the marinas:

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• owners' access to marinas

• access to electrical power

• anchorage to WOPOA property and

• grounding of the gangway(s) to WOPOA property

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Please feel free to give either of us a call if you have questions about the lawsuit.  It is our hope that in the future, residents of Windermere can speak to each other as neighbors should, before taking actions that require defensive legal interference to solve.

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Dirk Hoekstra / 713-550-6277 (WMA Pres. 2016 to present)  

Sandy Neilson / 512-327-0955 (WMA Sec/Treas. 2012 to 2018)