News Articles

 

Several folks recently battled or are currently battling Covid - we hope that you and yours are healthy and well! Friendly reminder that our upcoming neighborhood garage sale is September 10th.

 

Legal (Case # 2021-0208)

 

When we considered filing this case, board members interviewed multiple law firms in the Tulsa area. Our concerns included counterclaims, expense, and legal grounds for our claim. Our investigation satisfied our concerns supporting our decision to file as an HOA, and add our names as plaintiffs to the case.

 

Fact: the attorneys for the defense, McAfee and Taft, filed an answer to the plaintiff's petition on 8/22/22. You can access it through the court case link above. They claim the restrictive covenant is not enforceable, and make no demands.

Fact: the attorneys for the defense mailed a letter to Celebrity Country White Hawk owners, which makes several inaccurate statements. The letter claims the HOA lawsuit seeks to"...halt the remodel and upgrade of the club house". In fact, the lawsuit is a declaratory judgment to confirm whether the deed of dedication is intact. We did not file a suit to enforce a covenant or file an injunction to stop construction. The letter says, "in the event my client prevails, it will be entitled to reimbursement of its attorney's fees, which are already in excess of $40,000." The letter fails to point out that the state of Oklahoma follows the American legal system and not the English legal system. This means everyone pays their own way and there is strict guidance on when fees can be shifted. We encourage you to verify this. We encourage you to contact Mary Quinn Cooper and demand she cite case law and statute as to why any homeowner would be responsible for her client's fees. Also, ask on what legal grounds (claim for title purposes) homeowners must be added to the suit. Please get her to respond in writing. As home/lot owners, you have the power collectively to decide to amend or maintain the restrictive covenants. Sixty percent of the owners could amend any covenant. Knowing that the restrictive covenant on Reserve A (the golf course) is intact puts us in a position of strength. We cannot share with you the legal arguments that debunk their position. In item 17, they state that "...American Golf Corporation terminated its lease and exited operations of the White Hawk Golf Course so as to avoid any further loss." They fail to mention that American Golf attempted to purchase the course prior to terminating its lease. The letter states that "Mr. Rodich did all in his power to save White Hawk Golf Course...". Mr. Rodich secured a 3.3M appraisal for the golf course before acquiring it from his co-owners, advising the appraiser that the golf course was unrestricted. Link to appraisal. Note: A deed restricted golf course is appraised based on course revenue. The purchase transaction was from White Hawk Golf (Gerald Pope, Roger Rodich, et al.) to White Hawk Investments (Roger Rodich) for 1.7M on February 16, 2018. Link to mortgage. We agree that Kevin Jordan's company provided the funding for Mr. Rodich. Engineered by Design provided a feasibility study to Mr. Jordan on March 2, 2018 to convert the course to homes. Link to study. In July 2018, Mr. Rodich submitted a PUD proposal to the city to convert the golf course to homes with construction to begin in the Spring of 2019. Link to PUD 3B Part I (see p 18 - the actual adopted PUD is BXPUD-18.10 MA03) Link to PUD 3B Part II. Item 23 of the draft counterclaim states, "despite great effort by Bixby Land, Black Gold, and others to find substitute leases or buyers, as of this date, no offers have been made by any party to continue to operate the property as a golf course on a lease basis, or to purchase the golf course." In fact, owners attempted to purchase the course from Kevin Jordan when it closed in 2019. Mayor Guthrie approached Kevin Jordan twice this year to discuss the potential for Mr. Jordan to sell the golf course to the city. Mr. Jordan was unwilling to sell.

Fact: Anyone who signed Mr. Jordan's agreement to allow him unfettered ability to develop Reserve A may reverse their decision. Please observe his adherence to building code below (golf cart barn) and his prior actions on the Boardwalk Self Storage (aka Byrnes Mini Storage) where he did not follow building code.

 

 

Fact: the city retracted and rescinded the incorrectly filed Ordinance 2260 on Monday, August 22nd. This ordinance incorrectly stated that the master comp plan for the golf course changed from Light Recreation/Open Space to Light Residential.

Fact: Mr. Jordan was told that he could not convert the golf cart barn into a lodge. Email advising his plans were beyond the scope of the PUD. He subsequently sent an email to the City Manager (Jared Cottle) about his plans to convert it to a home and need for guidance on permits. Email re barn as home. Mr. Cottle previously advised council that a residence could not be built unless council voted to amend the plat. Email to councilors. We notified City Manager (Jared Cottle) and City Attorney (Phil Frazier) on July 29th of construction on the golf cart barn. Mr. Cottle and Mr. Jordan were at the Venue at a meeting on 8/10. Link to meeting. After we confirmed that NO permits were issued on the golf cart barn on August 22nd, the city stopped any further construction. Mr. Jordan continues to market the golf cart barn as a lodge for up to 20 people. Link to website for lodge.

Fact: we notified the city this week of two additional incorrectly filed ordinances (2261 and 2262). In September 2018, the city sent out public notifications of the intent to alter the zoning and amend the PUD to include RS2 zoning (residential) and 40,000 sq feet of CS (commercial). These ordinances incorrectly state that all of development area C (7.36 acres) is zoned commercial.

Fact: Kevin Jordan requested Jared Cottle help him "get the votes" (our signatures to amend the deed of dedication). Get the signatures email.

Fact: Bixby City Council is actively reviewing the City Manager's performance and contract per the city council agenda. This discussion is unfinished with no action yet.

 

Again, we greatly appreciate your patience and support as we continue to defend our deed of dedication, and thank everyone who has contributed to the efforts. Our deed of dedication and restrictive covenants have value.

 

We hope everyone has a great start to the school year and enjoys the cooler temperatures.

 

Brian Cozad

President

CCWHHOA

e: president@ccwhhoa.com