HOA Nut House

By STEVE STOLER / WFAA-TV

ROCKWALL -- Their job is to set conditions and restrictions on what property owners can do. Their goal is safety and beauty.

But Matt Scott - a Rockwall City Council member - has problems with his HOA, and he's ready to sue on two fronts - political and personal. “They have a lot of power. I think it’s too much,” said Scott. “I think the problem is the balance of power. It's completely slanted in favor of the HOA."

Most of Scott's neighbors in the Oaks of Buffalo Way approved a special fee to rebuild a crumbling two-mile walking trail. Each household was charged $1500, which they had to pay in 30 days. If they didn't pay by 60 days their voting rights would be stripped.

Scott filed a lawsuit, claiming an HOA can not legally take away members' voting rights. "I do not believe that this board, or this association, has stepped outside its authority," said Garon Horton, HOA attorney.

Horton represents the Oaks of Buffalo Way Homeowner's Association. He says the rules regarding voting rights were established when the neighborhood was built.

Scott disagrees, and since he's a councilman - he wants city hall to intervene and limit the powers of HOA’s.

"What I'm going through, I'm not alone. I've heard from people in Denton, McKinney, Austin, Rockwall, Frisco," said Scott.

In Frisco Fairways, the HOA fight all began as a battle over bushes, and is now a fight over free speech.

The homeowner's association started enforcing rules requiring screening of air conditioners.

David Doumani, and two other Frisco Fairways homeowners, posted their angry sentiments on their HOA website and a community forum known as Frisco On-line.

Even accusing several board members of "unethical and deceitful" behavior. "What I've written might not be the most flattering thing, but it's not false," said Doumani.

Court documents show bad feelings escalated, including an email from a board member to one of the homeowners: "Your chances of getting anything approved through this board are about as good as a snowball's chance in hell."

"A board meeting would have been a lot better medium to discuss these issues, prior to doing this in a courtroom, where it's probably costing a lot of people a lot of money," said David Snell, Fairways homeowner.

And now it will be up to the courts to decide who stepped over the line.

E-mail sstoler@wfaa.com

ROCKWALL -- Their job is to set conditions and restrictions on what property owners can do. Their goal is safety and beauty.

But Matt Scott - a Rockwall City Council member - has problems with his HOA, and he's ready to sue on two fronts - political and personal. “They have a lot of power. I think it’s too much,” said Scott. “I think the problem is the balance of power. It's completely slanted in favor of the HOA."

Most of Scott's neighbors in the Oaks of Buffalo Way approved a special fee to rebuild a crumbling two-mile walking trail. Each household was charged $1500, which they had to pay in 30 days. If they didn't pay by 60 days their voting rights would be stripped.

Scott filed a lawsuit, claiming an HOA can not legally take away members' voting rights. "I do not believe that this board, or this association, has stepped outside its authority," said Garon Horton, HOA attorney.

Horton represents the Oaks of Buffalo Way Homeowner's Association. He says the rules regarding voting rights were established when the neighborhood was built.

Scott disagrees, and since he's a councilman - he wants city hall to intervene and limit the powers of HOA’s.

"What I'm going through, I'm not alone. I've heard from people in Denton, McKinney, Austin, Rockwall, Frisco," said Scott.

In Frisco Fairways, the HOA fight all began as a battle over bushes, and is now a fight over free speech.

The homeowner's association started enforcing rules requiring screening of air conditioners.

David Doumani, and two other Frisco Fairways homeowners, posted their angry sentiments on their HOA website and a community forum known as Frisco On-line.

Even accusing several board members of "unethical and deceitful" behavior. "What I've written might not be the most flattering thing, but it's not false," said Doumani.

Court documents show bad feelings escalated, including an email from a board member to one of the homeowners: "Your chances of getting anything approved through this board are about as good as a snowball's chance in hell."

"A board meeting would have been a lot better medium to discuss these issues, prior to doing this in a courtroom, where it's probably costing a lot of people a lot of money," said David Snell, Fairways homeowner.

And now it will be up to the courts to decide who stepped over the line.

E-mail sstoler@wfaa.com

Source