This website was created by Megan and Don Conley. We are homeowners in the Heights at Jackson Creek. We created this website as a means to clear up rumors, provide a central location for documents and information and to provide a forum for the community to discuss issues related to this community.

Our goal is to provide facts and figures about our community in our FAQ and allow for discussion, rumors, etc. on our forums. If you find an incorrect fact, please contact us through the Contact link on this page so that we can correct the information.

After receiving the email from Robert Cottrell with the link to his HOA website, we began to review the documents posted on the site. We had significant concerns that the HOA was described in the Articles of Incorporation and the draft bylaws as being mandatory and legally binding on all homeowners. We emailed Robert Cottrell and were able resolve some, but not all, of our issues.

We then met with Robert Cottrell and another "interim board" member to discuss the HOA and our concerns. It was in that meeting that we learned that Robert Cottrell had recorded the 9/24/09 transfer fee document. The next morning I learned that even though the document contained no legal description, it was associated with each home in the subdivision.

Since that time, we have been researching what the effect of the document is, what to do, and what else is going on in the neighborhood. We have no authority over anyone and would prefer not to even be involved. However, we can not sit back and allow someone to impair our investment and potentially harm our ability to sell our house in the future.

We have never sued anyone before and hate that we feel forced to do so. We do not stand to gain anything from this and in fact will be risking our own money.

We are neither "pro" nor "anti" HOA or DRC. We are pro doing things in a proper and legal manner. If a majority of the homeowners want to elect a DRC to enforce the covenants, then it should be done legally.

We are attempting to create a website based on facts. We have spoken with people who are very much "pro-HOA" people who are very much "anti-HOA" and people who just want to know what is going on.

We believe that people need to have facts presented to them before they can make a decision on any issue. We attempt to verify the sources all of the documents we post to this site. We welcome any constructive criticism about materials on this site.

We welcome any suggestions, other documents or relevant knowledge you may have. Also if you have a skill set that might be helpful to us or are interested in being a moderator on the forum, please let us know.

As there are further developments in the community, we may need other volunteers to help us. We are also compiling a neighborhood email list. Please send us your email if you would like to be added to that list.

Unless we can find some other way, there will likely have to be a lawsuit filed to clear up the actions of Bob Cottrell and "William Smith" Even if Mr. Cottrell decides not to contest the lawsuit, there will be legal fees and costs that will accrue. The court may order that Mr. Cottrell pay for the attorney's fees, but there is always the risk that will not be the case. There will also be legal fees and costs that will accrue on the "William Smith" matter.

It is unfair that any of us should have to incur fees to clean up the actions of others, but that may be the case. If need be, we will find the money to protect our house ourselves. If you would like to contribute funds, please let us know. At this point we will not actually take any money from anyone, but it would help our planning to know what the interest of the community is. When the time comes, it will likely be done through an attorney's escrow account. We would want to make sure that anyone who contributes is reimbursed proportionately should the judge award damages.