Homeowners Unite!
 Help Us Raise $50,000 to Protect Our Community!

Dear Neighbors,

We are reaching out to you with an urgent call to action, with the intention of safeguarding the interests of our beloved Tavolo Park community. Our developer, Provident Realty Advisors, currently holds 4 out of 5 HOA board member seats, giving them control over all HOA decisions. Unfortunately, they have not been acting in the best interest of our community and have fallen short of their legal and ethical responsibilities. Here are the key issues we face:

• Overpayment to Contractors: The developer has been overpaying for sub-par contractors/vendors and refuses to consider our requests to change providers, despite our identification of alternative options that offer better service at lower prices. We have ample evidence that their decisions to continue working with incompetent providers is based on quid pro quo relationships with these vendors. 
• Forced Inclusion of Rental Townhome Apartments (THA): After the original single-family mortgaged townhomes failed to sell, Provident made a deal with another buddy Orion to turn them into rental apartments. Through what we believe are (at best) inadequate, (at worst) potentially illegal means, they have disregarded our founding documents to force these into our community without our consent or even consultation. Our bylaws restrict multi-family and our community is not set up as a master HOA - thus, we believe that this change to our community is invalid.
• Neglect of Safety and Accountability:  We are being forced to allow renters from the THA to use our amenities, and this has already resulted in substantial damage to our investments and episodes of violence toward our homeowners. After all the work we did to secure our pool from trespassers, to now inviting the same kinds of activity to occur, is unacceptable. Provident has ignored destructive and violent behavior from THA residents and failed to hold accountable those responsible.
• Failure to Adhere to Procedural Regulations: There are state and city codes, HOA law, and our own bylaws that dictate how a board of directors is required to engage in business operations. From the inception of this community, Provident has astronomically failed to adhere to basic decorum or requirements, and when confronted about this they refuse to acknowledge wrongdoing or rectify their processes. These failures include, but are not limited to:
  ~ not holding an annual meeting for five years
  ~ not providing access to financials
  ~ not providing board meeting minutes to homeowners
  ~ allowing one board member to take a major decision, without holding a vote with other members
  ~ Amending our founding documents without going through the proper procedures
  ~ making changes to the community which are not in the best interest of the homeowners
  ~ not holding public meetings/votes when they make these changes
  ~ excluding our homeowner board member Ryan Beattie from discussions about these developments (leaving him out of board email discussions, phone calls, etc.)
  ~ Refusing to even answer emails or phone calls from our homeowner board member, or from our management company Guardian, for that matter. Requests for clarity, subsidies, approval to pursue improvements, requests for them to adhere to our documents... these go completely unanswered. They just ignore them.
  ~ withholding permission to utilize our HOA funds to make repairs or improvements, for which we allocated funds in the budget. (Example: we budgeting $15K for playground repair and improvement in the 2024 budget, but they refuse to allow us to proceed.)
  ~ preventing us from electing a second homeowner board member, as is required by our bylaws and HOA law at this percentage of completion 
  ~ not requiring the THA to adhere to our CC&Rs, even though Provident has said outright that they are beholden to our HOA rules and regulations. 
  ~ selective enforcement of the guidelines in our Bylaws and CC&Rs
• Trying to sell our HOA-owned land to the City of Fort Worth for a city park: Our developer conveniently forgot to disclose to home builders or buyers that they planned to shove a public park into our community, and just slipped that information in casually at our October 2023 annual meeting. While some neighbors could see that as an asset, the overwhelming concern is that they plan to shove it into the middle of the neighborhood, right next to our private amenities. We have no ability to keep public park patrons from trespassing the investments that we own. While the city would maintain the actual park, they are not going to pay for property damages that we incur from the public traffic. We would constantly pay for remedies and repairs, like trampled landscaping, broken fire pits and fireplaces, stolen chair cushions, broken doors from attempts at forced entry, litter cleanup, vandalism, etc. Furthermore, there would be no parking provided for said park, which means that patrons would either park in our private parking lot or along our streets. Having a public park is not entirely negative in theory -- what IS inexcusable is the lack of disclosure and the location they've chosen. Our neighbors on lower Pondview should have been been advised about the future presence of a public park on their doorstep before they purchased their homes - they deserved the right to decide if that's a selling point or a deal-breaker. The right move by Provident would be to put the public park in the north section of the neighborhood instead.
• Provident *should* no longer retain voting rights: Because Phase 5 is exclusively owned by David Weekley Homes and has not been subdivided, and because all of the single-family home lots in Phases 1-4 have been sold to home builders, we would like to investigate and challenge whether it's legal for the Provident board members to continue to control all decisions. Also, laws and our bylaws state that no changes to our governing documents, rules and regulations, or policies can be made during the time between when the developer loses voting rights and the transition to a full homeowner board. Yet they continue to take decisions that we don't believe they have authority to take at this time.

This is just the highlight reel of the many deceptive and unethical practices that the Provident board members engage in, day in and day out. Ryan getting elected to our board gave us a window into just how fully they disregard the needs and rights of our homeowners. Provident cannot be allowed to operate in the dark any longer. We have consulted many attorneys and experts over the last nine months, and they concur that we have a legitimate case against Provident. We have also compiled a Subject Matter Expert panel consisting of about 15 homeowners with expertise in real estate, law, non-profit, and business, to ensure that we are taking into account the collective opinions of the community. It was important to us that we view the situation objectively and not through a myopic lens, and our SME panel has been invaluable in this regard.

After months of research and data collection, and consulting with attorneys and experts, it has become evident that we need to put legal pressure on Provident to relinquish their declarant rights and give the homeowners control over our own community. We also seek to hold them financially responsible for the disrepairs and coffer shortages before they exit. We may have several legal remedies at our disposal to achieve this goal before we'd need to consider an actual lawsuit. But, those remedies do require us to obtain legal counsel to represent us and initiate those solutions.

We need your help to raise funds, so we can challenge the developer and ensure they act in our best interest. If each household contributes just $100 to our legal fees fund, we can achieve this goal and protect our community. We ask each family here to consider a generous donation to our cause, so that we can finally be free of the control imposed on us by a corporation that disregards us at every turn.

Why is this necessary? Our good faith efforts to urge the Provident board to do the right thing have been met with apathy and contempt, and we have plenty of evidence that they are intent to proceed in only taking decisions that benefit them financially. Only the threat of legal action, and the financial ability to do so, will compel the developer to act in the best interest of Tavolo Park homeowners.

Let's stand united and take action to protect the future of Tavolo Park. Your contribution is vital in holding the developer accountable and ensuring our community thrives. Together, We Can Make a Difference!

NOTE: Any funds not spent on legal fees will be returned to donors pro rata to their contribution. Thank you for your support and commitment to making Tavolo Park the best it can be!