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Notification Law Suit

 

LAW  SUIT  FILED  TO  STOP  ASSOCIATION

FROM  ENFORCING  DEED  RESTRICTIONS

Updated March 12, 2012

 Posted November 8th, 2011

 


March 09, 2012

(From the Presidents Letter 03/09/2012) Law Suit Status - We notified 110 residences of their deed restriction violations in 2011. Of the 110 notified, 92 came into compliance. Only 18 have failed to come into compliance, less that 2% of the 1160 Lake Country residents.

On Sept 12, 2011 some of this minority filed a law suit to permanently prevent the Association from enforcing all deed restrictions. We appeared for a Temporary Restraining Order (TRO) hearing in the 236th District Court on Sept 23, 2011 and the plaintiffs requested a later date for the hearing. With the assumption that the hearing would be near term, the Attorneys and the Judge agreed that we would not send out any more deed restriction notices until the TRO hearing was accomplished. There has been a lot of frustrating delays in re-scheduling the hearing, but we are hopeful that some near term legal action will result in a court order requiring these plaintiffs to come into compliance with the deed restrictions.

 

November 6, 2011

A small group of our residents have filed a law suit to permanently prevent the Lake Country Property Owners Association from enforcing all deed restrictions. Without the enforcement of deed restrictions, our neighborhood will surely decline both in beauty and in property values.

Of the residents we contacted this year about their deed restriction violations, 87 willingly complied and cured their violations. Only 23 residents have refused to cure their violations and represent less than 2 % of the 1200 residents in Lake Country, yet they choose to significantly impact the financial investment in our homes to save a few dollars on a storage fee or the cost of installing a fence. Some of those refusing to comply were referred to our attorney for resolution. Presumably this action triggered the plaintiff’s suit against the Association.

Sadly this suit is costing the Association thousands of dollars that could be spent to enhance our community. Even sadder is that some of the plaintiffs are past and current Board members who we have all entrusted to improve the neighborhood, rather than attempt to tear it down.

What We Are Doing About It

LCPOA was served on Sept 12, 2011in the 236th District Court and was ordered to appear at a hearing. The hearing has been postponed several times due to schedule issues with the Judge. The hearing should take place in the next few weeks. Our attorney is taking the necessary legal actions to defeat the suit.

Another action we are taking is to propose changes to the By-laws such that failure to uphold the deed restrictions by a Board member shall result in a review by the Board and he/she may be subject to removal by a majority vote of the Board. We must make sure that board members never again fail to enforce the deed restrictions or attempt to interpret the deed restrictions for their personal benefit at the expense of the neighborhood standards. Please review the proposed changes to the By-laws (link to proposed changes) and vote to adopt them at the General Meeting in February.

We need your support and this is how you can help.

  1. Send an email to LCPOAPresident@elcpoa.org or leave a voice mail at (817) 566-2963 x715 stating your name, address and a brief statement that you want the Association to enforce the deed restrictions as they are written and you support the proposed changes to the By-laws. If you want to suggest some changes to the By-laws please include them in the email or phone message.
  2. Ask your neighbor to contact us with a supporting statement and contact information.
  3. Please consider making a contribution to our legal fund. A concerned resident in Lake Country has offered a challenge that he will contribute $1 (up to $5000) for every $3 that is contributed for a goal to raise $20,000. A $100 contribution now could translate into several thousands of dollars in your property value by making sure that we continue enforcing the deed restrictions. You can send a check made out to;

Lake Country Property Owners Association – Legal Fund

8551 Boat Club Rd

STE #151, PMB #110

Fort Worth, Texas 76179

Thank You

Bob Lynch

President of Lake Country Property Owners Association

LCPOAPresident@elcpoa.org

(817) 566-2963 x715

(To view a pdf of this letter, Click Here)

 

 

 



Copyright ? 1984-2016 Lake Country Property Owners Association ? 8101 Boat Club Rd ? Ste 240, PMB #110 ? Fort Worth, Texas 76179 ? (817) 566-2963