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.
- 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.
- Ask your neighbor to contact us with a supporting statement and contact information.
- 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
President of Lake Country Property Owners Association
(817) 566-2963 x715