HOA Nut House

By Tereasa Nims: tereasa_nims@rockwallcountynews.com

Did the Oaks of Buffalo Way Homeowners Association step beyond their authority or are they within their rights? That is what a Rockwall County judge is considering.

Seven Oaks of Buffalo Way residents filed a lawsuit against the HOA saying the board stripped them of their voting rights by acting on bylaws that were never filed. Both sides were in the Rockwall County Court of Law May 2 pleading their case. After more than two hours of testimony, the judge said he would take the case under advisement and asked for additional briefing.

“I feel very strongly on the position that we've taken,” said Matt Scott, a resident and a Rockwall City Council member.

Attorneys Scott and Bob Lyon represented the plaintiff's case while Garon Horton defended the HOA.

Scott and the other residents filed the lawsuit after the HOA asked the communities' 61 homeowners to pay $1,500 toward a two-mile walking trail that cost $125,000. A letter, sent on Jan. 29, demanded payment within 30 days or the homeowner would pay 18 percent interest.

On March 29 the HOA board voted 5-4 to suspend the voting rights of residents who hadn't paid the fee. Scott questioned the board's authority to strip the voting rights and the timeliness of it. Scott said the announcement of the suspended rights came two weeks before residents would vote on board members.

Horton said the HOA was within their authority to strip the voting rights of residents who hadn't paid the fee.

Horton said the Oaks of Buffalo Way developer adopted the rules of the development when it was established in the 1990s. He said those rules include that the HOA has the ability to strip voting rights of members or put liens on their homes if they don't pay a special assessment approved by the members.

“They've done what they can to try and deescalate the tensions,” Horton said.

An estimated 11 residents haven't paid the fee, including Scott. Scott said he's paid the bulk of the bill.

“Eighty percent of the homeowners paid in full,” Horton said.

Scott said in a previous interview that even if the HOA has the power to suspend voting rights, it's disgraceful that they would.

Scott said the lawsuit is not about money, but the principal of what he deems questionable techniques by the HOA.

The judge could make a ruling on the case as early as next week.

Source