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LCPOA Prevails for the Right to Enforce the Deed Restrictions

LCPOA Prevails for the Right to Enforce the Deed Restrictions

Posted Tuesday, April 02, 2013

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On February 13, 2013 the District Court signed a ruling in favor of the Association granting our Motion for Summary Judgment. As you may already know in the October 2011 hearing the Association was constrained from suing anyone until after the trial. For the past 16 months the Association has been limited to notifying and requesting residents and property owners to comply with the deed restrictions as the legal process drug on. With the favorable ruling from the District Court, we can now resume enforcement of deed restrictions through the legal system.

The Law suit cost the Association $7,661 in legal fees. This was offset by your generous donations totaling $3,735.

In 2012 the Association notified 152 residents about non-compliant boats, boat trailers, campers, work trailers and motor homes. All but 33 residents responded to the request and came into compliance.

The restrictions state “No Trailer, house car or other moveable structure shall ever be parked or placed, temporarily or otherwise, on any lot. All boats, boat trailers or recreational campers may be stored on the premises so long as they are out of sight of the street fronting the residence.”

 

There are other important deed restrictions concerning dwellings, fencing and outbuildings. Before any construction takes place the deed restrictions require approval from the Association. Click Here to Contact the Deed Restriction Committee or (817) 566-2963 x707

 

Regarding law suits that the Association files against non-compliant residents, state law requires the judge to order the defendant to pay the legal fees if the court rules against them. A defendant will not only have to pay his legal fees but the Association’s as well.

 



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