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.
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.”
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
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.