YOU ALWAYS HAVE A CHOICE . . .
PERHAPS you’ve been corralled in your driveway, or at one of your first community meetings, you are welcomed & the beauty of Windermere Oaks is enthusiastically proclaimed. Eventually claims of corruption and conspiracy within the community become the topic. ARE YOU AWARE OF THE FACTS? Does gossip draw you in -or- does common sense prevail?
FACTS
FACT #1: Windermere Oaks homeowners have been paying an additional $65.73 per month on their water bill since March of 2020 to cover the defense expense of various litigation efforts against your member-owned water company: Windermere Oaks Water Supply Corp. (WOWSC). Individuals who have cost you with litigation, protests, and excessive Public Inquiries since 2017 are: Rene Ffrench, Jeff Walker,Bruce Sorgen, Dick Dial, Danny Flunker, Patti Flunker, Josie Fuller, Mark McDonald, & Jeff Walker.
FACT #2: Litigants' (see: #1) claims of corruption including: election fraud, collusion, improper rate increase and more conspiracy theorist claims, have NOT been proven in Court. 5 years of Court rulings have deemed otherwise, time and again, yet litigants have re-packaged their allegations and continued their legal attacks. Some individuals in the community have supported the unfounded accusations via more litigation, petitions, Public Information Requests. Actions to support these individuals in their trumped up claims have only continued to cost you.
Fact #3: Litigants & supporters issued a letter to the Burnet County Sheriff & DA to investigate 8 individual Volunteer Directors on accusations of "organized criminal activity" (including fraud, theft, electioneering, lengthy conspiracy,). Not a single shred of evidence uncovered in their concurrent lawsuit (Cause #48292) proved this fantasy narrative. The surmised goal to "criminalize" volunteer activity was not accomplished.
FACT #4: If you’ve paid water bills since the increase (March 2020) you have paid over $2,800 out-of-YOUR-pocket to defend the litigious efforts and slanderous actions of the above-mentioned individuals. Your Math = $65.73 x # months you've paid a water bill since 3/2020.
FACT #5: Litigation efforts from 2017 to present, against your member-owned water company, purportedly lodged "on your behalf" by self-proclaimed "knights in shining armor" appear SELF-SERVING. READ ON: Litigants: Ffrench, Sorgen, and Dial, asked for “Relief” of a MILLION Dollars (See lawsuits: Cause #48292) on top of request for attorney fees. This “relief” was not earmarked to reimburse ratepayers! Litigants asked the Court to reverse the land sale. Two of the litigants are developers??!! This would make the property available for them to develop.
FACT #6: The litigation costing the WOWSC (you) began over of a land sale which was to benefit the move & upgrade of our water company (WOWSC) facilities. The litigants claimed this sale was SECRETIVE even though in 2014, the WOWSC Directors shared (at the Pavilion) a very comprehensive plan with water company members, introduced the plan to Airport members at their annual meeting, and widely dispersed the plan. The community as a whole, including various litigants and supporters of the lawsuit, knew about the sale long before it happened. The litigants cost you with their fantasy of secrecy & conspiracy.
FACT #7: Short-term memory loss??? In September of 2014, Danny Flunker and Bruce Sorgen, then WOPOA Directors discussed for months the sale of this very land as it was part of the acreage rented by the POA as an amenity for boat & trailer storage. 3 years later these same individuals (Danny Flunker & Bruce Sorgen) would claim the land sale was a "concealed transaction" and go on to initiate the first litigation effort AGAINST the WOWSC (against you).
FACT #8: In 2014-15, Danny Flunker, as POA President, negotiated to bid on this land in effort to maintain the POA's storage lot amenity. In December 2015 the sale was transacted by the WOWSC to his (then) friend, Dana Martin.
FACT #9 In 2016 as President of the WOPOA, Mr. Flunker spent WOPOA funds consulting with the WOPOA attorney about the marinas that are neighboring properties in the cove. Other than the marinas' own requirements that slip owners be Windermere property owners, the marinas are not governed by the WOPOA in any way. The marinas are private property.
FACT #10: In 2016, the WOPOA, under Mr. Flunker's direction, made inappropriate demands of the marinas to comply with WOPOA ACC Restrictions and to pay the WOPOA for marina's land & utility access. The Windermere Marina, refused Flunker's unlawful demands. The Sunset View Marina owners voted to refuse the WOPOA's demands as well. President of Sunset Marina at that time, Dana Flunker, delivered the news to (then) friend, Danny Flunker.
FACT #11: Mr. Flunker subsequently acted outside his WOPOA Director capacity, without WOPOA Board sanction/vote, in rogue action to have the Marina power source physically dismantled. This action caused extreme danger to the community and lake users as well as leaving slip owners without usage of their private property. See "Windermere-marina.com "Lawsuit" link for details. The marinas were forced to engage in a lawsuit to defend against Mr. Flunker's illegal actions & prove the easement rights they'd had since the 70's.
FACT #12: The marina lawsuit ultimately cost approximately $285,000. Costs were borne by dozens of individual owners who paid an average of $4,000 each. The POA's insurer paid $140,000 ($80,000 for WOPOA's attorney fees and $60,000 to the marinas). Mr. Flunker, resigned prior to being required to "sign off" with the insurance company on these charges.
FACT #13: Soon after Ms. Martin refused her friend, Mr. Flunker, TOMA was formed by Danny Flunker, Rene Ffrench, B.ruce Sorgen, and Dick Dial. TOMA then lodged a lawsuit against the WOWSC citing an "agenda error" the WOWSC made on the land sale to Mr. Flunker's former friend, Ms. Martin. The "TOMA" lawsuit was filed more than 3 years after the land sale was made public and soon after Martin delivered the news that the small marina would not appease Mr. Flunker's ridiculous demands of private property not under the POA's jurisdiction.
FACT #14: In the TOMA lawsuit the Court confirmed the agenda error but did not grant "relief" to Plaintiffs. Plaintiffs had asked for the land sale to be reversed and for their costs. Litigants, Ffrench, Sorgen, & Dial had this case heard, reheard and appealed six (6) times with the same result. The Supreme Court of Texas refused to hear the case.
FACT #15: Rene Ffrench, Patty Flunker, and Mark McDonald filed Case #48292 against the WOWSC., claiming widespread corruption & collusion amongst WOWSC Directors. After 5 years of litigation, hundreds of thousands of document production required, Windermere Oaks neighborhood divided, the Court ruled in Case #48292 (5/3/2021) WOWSC Directors were released = NOT in collusion.
FACT #16: On 11/18/22 a jury ruled in Case #48292 that actions taken by the land purchaser, Mr. Martin, were without malice. When asked Q6: Do you find clear and convincing evidence that the harm to WOWSC resulted from malice, fraud, or gross negligence?" The answer was NO. See the Jury Verdict in Case #48292 (p.10).
FACT #17: The Jury verdict in Case #48292 (pg.9) deemed (that the land that sold to Martin for $204,000 was sold under value only $70,000. The the litigants claimed it was undervalued $500,000 to over 1 Million. Litigants purported to fight on ratepayers behalf for over 5 years — costing ratepayers hundreds of thousands in defense debt. Ratepayers lawsuit reclaimed $70,000, of which only $35,000 will go to the WOWSC.
FACT #18: Litigants claim they spent over $428,000 on their own (undocumented) attorney fees. They cost WOWSC over $1,500,000 to gain a $70,000 award.
FACT #19: The Public Utilities Commission (PUC) “Ratepayer Protest,” lodged in 2020 by reps: Patti Flunker & Josie Fuller protests the very rates the protesters themselves (including Patti & Danny Flunker) caused to increase with their litigation actions.
FACT #20: Although Allied Insurance was made to pay our Water Company's legal defense fees, rates are still high due solely to the PUC “Ratepayer Protest.” Reps: Patti Flunker & Josie Fuller have walked out of mediation, refused to settle, and continue (3+ years) to argue about irrelevant additional issues. They can stop costing you: "stop the bleed" (as they say) any time.
FACT #21: Jeff Walker lodged his own PUC protest #53796 against the Water Company, claiming election irregularities. The PUC Ordered: "Mr. Walker's initial July 1, 2022 filing has been mischaracterized as a formal complaint" and closed out the case. The WOWSC, however, had already been forced by the PUC to respond to all the claims which cost you another $25,000.
FACT 22: Walker now says he's not asking for Receivership yet in the Prayer of his PUC complaint #53796 he requested the PUC "act expeditiously to this request for an investigation and possibly appoint a receiver to oversee the affairs of the utility." (see Prayer. pg16) Did he "forget" he said this?
FACT #23: At the 2022 WOWSC Annual Meeting Walker was the man who abruptly interrupted the President’s Report in the middle of the meeting, demanding answers. A voting “LAW” was being explained to which he screamed out: “I don’t care about the law!”
FACT #24: Jeff Walker purchased his Airport property 3/31/21. Two years later, on 3/31/23, Burnet County CAD records reflected $7,246.55 of unpaid Burnet County property taxes. Walker wants to manage your company but does not appear to be managing his own finances responsibly. Or, perhaps he feels he's above the law??
FACT #25: Rene Ffrench lost the 2021 property owners (WOPOA) election and lost in the 2019 Water Company (WOWSC) Annual Election. He has accused the WOWSC and Directors falsely and contributed to causing over a million dollars of defense debt for your company. He too wants to manage your company.
FACT #26: Litigants (see: Fact 1) have numerous times challenged WOWSC elections. There have been no valid findings of wrongdoing except for the fraudulent voting attempts by litigant Sorgen who, not a Water Company member, has numerous times since 2017 attempted to vote in Water Company elections.
FACT #27: Jeff Walker & Rene Ffrench were elected to the Board of Directors of the Water Company in April 2023 and since have a track record to review. In six short months they have disrupted our water company and Board operations by:
FACT #27: A petition for the removal of Jeff Walker & Rene Ffrench for their blatant disregard for their mandate as Directors of providing safe & clean water and their violation of laws has been lodged and will be voted on soon.
FACT #2: Litigants' (see: #1) claims of corruption including: election fraud, collusion, improper rate increase and more conspiracy theorist claims, have NOT been proven in Court. 5 years of Court rulings have deemed otherwise, time and again, yet litigants have re-packaged their allegations and continued their legal attacks. Some individuals in the community have supported the unfounded accusations via more litigation, petitions, Public Information Requests. Actions to support these individuals in their trumped up claims have only continued to cost you.
Fact #3: Litigants & supporters issued a letter to the Burnet County Sheriff & DA to investigate 8 individual Volunteer Directors on accusations of "organized criminal activity" (including fraud, theft, electioneering, lengthy conspiracy,). Not a single shred of evidence uncovered in their concurrent lawsuit (Cause #48292) proved this fantasy narrative. The surmised goal to "criminalize" volunteer activity was not accomplished.
FACT #4: If you’ve paid water bills since the increase (March 2020) you have paid over $2,800 out-of-YOUR-pocket to defend the litigious efforts and slanderous actions of the above-mentioned individuals. Your Math = $65.73 x # months you've paid a water bill since 3/2020.
FACT #5: Litigation efforts from 2017 to present, against your member-owned water company, purportedly lodged "on your behalf" by self-proclaimed "knights in shining armor" appear SELF-SERVING. READ ON: Litigants: Ffrench, Sorgen, and Dial, asked for “Relief” of a MILLION Dollars (See lawsuits: Cause #48292) on top of request for attorney fees. This “relief” was not earmarked to reimburse ratepayers! Litigants asked the Court to reverse the land sale. Two of the litigants are developers??!! This would make the property available for them to develop.
FACT #6: The litigation costing the WOWSC (you) began over of a land sale which was to benefit the move & upgrade of our water company (WOWSC) facilities. The litigants claimed this sale was SECRETIVE even though in 2014, the WOWSC Directors shared (at the Pavilion) a very comprehensive plan with water company members, introduced the plan to Airport members at their annual meeting, and widely dispersed the plan. The community as a whole, including various litigants and supporters of the lawsuit, knew about the sale long before it happened. The litigants cost you with their fantasy of secrecy & conspiracy.
FACT #7: Short-term memory loss??? In September of 2014, Danny Flunker and Bruce Sorgen, then WOPOA Directors discussed for months the sale of this very land as it was part of the acreage rented by the POA as an amenity for boat & trailer storage. 3 years later these same individuals (Danny Flunker & Bruce Sorgen) would claim the land sale was a "concealed transaction" and go on to initiate the first litigation effort AGAINST the WOWSC (against you).
FACT #8: In 2014-15, Danny Flunker, as POA President, negotiated to bid on this land in effort to maintain the POA's storage lot amenity. In December 2015 the sale was transacted by the WOWSC to his (then) friend, Dana Martin.
FACT #9 In 2016 as President of the WOPOA, Mr. Flunker spent WOPOA funds consulting with the WOPOA attorney about the marinas that are neighboring properties in the cove. Other than the marinas' own requirements that slip owners be Windermere property owners, the marinas are not governed by the WOPOA in any way. The marinas are private property.
FACT #10: In 2016, the WOPOA, under Mr. Flunker's direction, made inappropriate demands of the marinas to comply with WOPOA ACC Restrictions and to pay the WOPOA for marina's land & utility access. The Windermere Marina, refused Flunker's unlawful demands. The Sunset View Marina owners voted to refuse the WOPOA's demands as well. President of Sunset Marina at that time, Dana Flunker, delivered the news to (then) friend, Danny Flunker.
FACT #11: Mr. Flunker subsequently acted outside his WOPOA Director capacity, without WOPOA Board sanction/vote, in rogue action to have the Marina power source physically dismantled. This action caused extreme danger to the community and lake users as well as leaving slip owners without usage of their private property. See "Windermere-marina.com "Lawsuit" link for details. The marinas were forced to engage in a lawsuit to defend against Mr. Flunker's illegal actions & prove the easement rights they'd had since the 70's.
FACT #12: The marina lawsuit ultimately cost approximately $285,000. Costs were borne by dozens of individual owners who paid an average of $4,000 each. The POA's insurer paid $140,000 ($80,000 for WOPOA's attorney fees and $60,000 to the marinas). Mr. Flunker, resigned prior to being required to "sign off" with the insurance company on these charges.
FACT #13: Soon after Ms. Martin refused her friend, Mr. Flunker, TOMA was formed by Danny Flunker, Rene Ffrench, B.ruce Sorgen, and Dick Dial. TOMA then lodged a lawsuit against the WOWSC citing an "agenda error" the WOWSC made on the land sale to Mr. Flunker's former friend, Ms. Martin. The "TOMA" lawsuit was filed more than 3 years after the land sale was made public and soon after Martin delivered the news that the small marina would not appease Mr. Flunker's ridiculous demands of private property not under the POA's jurisdiction.
FACT #14: In the TOMA lawsuit the Court confirmed the agenda error but did not grant "relief" to Plaintiffs. Plaintiffs had asked for the land sale to be reversed and for their costs. Litigants, Ffrench, Sorgen, & Dial had this case heard, reheard and appealed six (6) times with the same result. The Supreme Court of Texas refused to hear the case.
FACT #15: Rene Ffrench, Patty Flunker, and Mark McDonald filed Case #48292 against the WOWSC., claiming widespread corruption & collusion amongst WOWSC Directors. After 5 years of litigation, hundreds of thousands of document production required, Windermere Oaks neighborhood divided, the Court ruled in Case #48292 (5/3/2021) WOWSC Directors were released = NOT in collusion.
FACT #16: On 11/18/22 a jury ruled in Case #48292 that actions taken by the land purchaser, Mr. Martin, were without malice. When asked Q6: Do you find clear and convincing evidence that the harm to WOWSC resulted from malice, fraud, or gross negligence?" The answer was NO. See the Jury Verdict in Case #48292 (p.10).
FACT #17: The Jury verdict in Case #48292 (pg.9) deemed (that the land that sold to Martin for $204,000 was sold under value only $70,000. The the litigants claimed it was undervalued $500,000 to over 1 Million. Litigants purported to fight on ratepayers behalf for over 5 years — costing ratepayers hundreds of thousands in defense debt. Ratepayers lawsuit reclaimed $70,000, of which only $35,000 will go to the WOWSC.
FACT #18: Litigants claim they spent over $428,000 on their own (undocumented) attorney fees. They cost WOWSC over $1,500,000 to gain a $70,000 award.
FACT #19: The Public Utilities Commission (PUC) “Ratepayer Protest,” lodged in 2020 by reps: Patti Flunker & Josie Fuller protests the very rates the protesters themselves (including Patti & Danny Flunker) caused to increase with their litigation actions.
FACT #20: Although Allied Insurance was made to pay our Water Company's legal defense fees, rates are still high due solely to the PUC “Ratepayer Protest.” Reps: Patti Flunker & Josie Fuller have walked out of mediation, refused to settle, and continue (3+ years) to argue about irrelevant additional issues. They can stop costing you: "stop the bleed" (as they say) any time.
FACT #21: Jeff Walker lodged his own PUC protest #53796 against the Water Company, claiming election irregularities. The PUC Ordered: "Mr. Walker's initial July 1, 2022 filing has been mischaracterized as a formal complaint" and closed out the case. The WOWSC, however, had already been forced by the PUC to respond to all the claims which cost you another $25,000.
FACT 22: Walker now says he's not asking for Receivership yet in the Prayer of his PUC complaint #53796 he requested the PUC "act expeditiously to this request for an investigation and possibly appoint a receiver to oversee the affairs of the utility." (see Prayer. pg16) Did he "forget" he said this?
FACT #23: At the 2022 WOWSC Annual Meeting Walker was the man who abruptly interrupted the President’s Report in the middle of the meeting, demanding answers. A voting “LAW” was being explained to which he screamed out: “I don’t care about the law!”
FACT #24: Jeff Walker purchased his Airport property 3/31/21. Two years later, on 3/31/23, Burnet County CAD records reflected $7,246.55 of unpaid Burnet County property taxes. Walker wants to manage your company but does not appear to be managing his own finances responsibly. Or, perhaps he feels he's above the law??
FACT #25: Rene Ffrench lost the 2021 property owners (WOPOA) election and lost in the 2019 Water Company (WOWSC) Annual Election. He has accused the WOWSC and Directors falsely and contributed to causing over a million dollars of defense debt for your company. He too wants to manage your company.
FACT #26: Litigants (see: Fact 1) have numerous times challenged WOWSC elections. There have been no valid findings of wrongdoing except for the fraudulent voting attempts by litigant Sorgen who, not a Water Company member, has numerous times since 2017 attempted to vote in Water Company elections.
FACT #27: Jeff Walker & Rene Ffrench were elected to the Board of Directors of the Water Company in April 2023 and since have a track record to review. In six short months they have disrupted our water company and Board operations by:
- Refusing to comply with the Public Information Act — a criminal offense
- Calling meetings without the consent or knowledge of other Directors and causing violations of the Texas Open Meetings Act
- Holding their own "Town Hall" meetings, discussing agendas that would completely overturn all the business operations of the company
- Disrupting the provision of safe, high quality water services by stopping payment on a check to our long-time contractor and refusing to pay other bills
FACT #27: A petition for the removal of Jeff Walker & Rene Ffrench for their blatant disregard for their mandate as Directors of providing safe & clean water and their violation of laws has been lodged and will be voted on soon.
COMMON SENSE: "the natural ability to make good judgments and to behave in a practical and sensible way."