Judge Rules Frisco City House Can Stay in HOA While Civil Case Pending

guest blog by Deborah Goonan

On October 31, 2014, a District Judge in Texas ruled against a demand by a Homeowners Association that a group home in the neighborhood be shut down. City House has 8 residents, young women who would otherwise be homeless. But the legal battle is not over.

A report from the Dallas News which discusses key arguments in the dispute is linked below.

Chad Robinson, who represents the Plantation Resort 2 Homeowners Association, claims that neighborhood deed restrictions require that homes only be used by single families, people related by blood or by law. He acknowledges there are exceptions for such things as nannies or single renters. But he says eight unrelated women in a transitional living program cannot be considered a single family.

Monica Velazquez, attorney for City House, argued that the non-profit transitional living program operates similar to a single-family unit. “It’s what the home is being used for, not who gets to live inside.”

Darlene Horan, HOA Board member and Real Estate Agent, offered the usual, predictable testimony that if the rules aren’t followed, home values will plummet.

But where is the evidence behind such a claim? And what is the underlying intent of this testimony?

Ms. Horan’s argument is eerily similar to fear-mongering marketing claims of the 1940s-1960s – that families who are ‘different’ from the norm will ruin the neighborhood for everybody. “There goes the neighborhood!” The old fear tactic being used again, albeit in more covert fashion.

Instead of fretting about racial diversity, per se, now some HOAs are fretting about “single family use,” and attempting to conjure up a new definition of family designed to exclude certain types of households from moving into Utopia.

You can be certain that the City House residence will remain a target of this HOA board while a civil case is pending.

(link to Dallas Morning News story on City House)

 

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About

Ward Lucas is a longtime investigative journalist and television news anchor. He has won more than 70 national and regional awards for Excellence in Journalism, Creative Writing and community involvement. His new book, "Neighbors At War: the Creepy Case Against Your Homeowners Association," is now available for purchase. In it, he discusses the American homeowners association movement, from its racist origins, to its transformation into a lucrative money machine for the nation's legal industry. From scams to outright violence to foreclosures and neighborhood collapses across the country, the reader will find this book enormously compelling and a necessary read for every homeowner. Knowledge is self-defense. No homeowner contemplating life in an HOA should neglect reading this book. No HOA board officer should overlook this examination of the pitfalls in HOA management. And no lawyer representing either side in an HOA dispute should gloss over what homeowners are saying or believing about the lawsuit industry.

1 thought on “Judge Rules Frisco City House Can Stay in HOA While Civil Case Pending

  1. Pingback: PR2 HOA reaches confidential settlement w/City House, Frisco, TX - Neighbors at War!

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