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TOPIC:
#18697
TEXAS-STYLE RETALIATION: HOA conformity police target dissenter's PROFESSIONAL REGULATORY BODY 2017/03/24 18:46  
A gob-smacking HOA RETALIATION strategy ( from an American state in which a different but out-of-control owners association once actually demolished an owner's house illegally for sloppy landscaping before being itself flattened by the Texas Court of Appeals - footnote 1 below ).

Having failed to coerce compliance with "unwritten (rule) understandings" - & even after physical trespasses - frustrated supporters of an unidentified HOA have embraced a BIZARRE high risk legal strategy against a dissenter attorney lawyer & her professional engineer husband.

The HOA retaliators are attempting to resurrect an attack through the husband's professional regulatory body.

The dissenting pair have so far wiped the floor with the HOA through the courts.

Disturbing trespass interactions & HOA complaints have already rebounded against the HOA after police & municipal investigators reviewed HOA complaints.

The gob-smacking strategy has emerged after a HOA supporter - possibly a Director - appealed for more weapons to the Comments Forum at the giant U.S. site HOATalk.com.

Following in a nutshell : a synopsis of the HOA Director's self-described dilemma & several suggestions from prevailingly hostile response even from the usually Baord friendly Forum commenters.

Topic " Problem Homeowner. I need HELP ! ! !
http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/225375/view/topic/Default.aspx

Posted By DianaJ - Texas " I have a problem homeowner and I need MAJOR help. . . . They both are the libertarian type and seem to have absolutely no respect for authority . .

Things started off OK when they moved in, they birth (sic) seemed friendly in the beginning but things began to change when it became obvious they had no desire to adapt to the social norms of the community (quiet hours, acceptable activities, decorations, yard maintenance ect sic ). . . .

In our neighborhood we have our by-laws plus some unwritten understandings. . . .

The first signs of trouble we had with that couple was when they canceled (sic ) the yard service ( & started doing their own landscaping instead of directly contracting with the Board's 'preferred' landscaper ) . . .

The wife a lot of the time is out there either helping him and his band of merry men or sunning herself in her Itty bitty confederate flag bikini.

We took then to court once and the wife actually got a judgement against us where we had to pay their attorney fees (we ended up putting money directly into her pocket).

When we began sending the violation letters the husband ... started fixing cars and welding projects on his drive way and open garage. On some weekends it is so bad that his neighbors complain that is like living next to a fabrication facility.

We have tried to get the county involved but the wife always seems to intimidate them into inaction. We are always told "they aren't breaking the law".

. . . It is like those two became intimately familiar with the rules and regs do they can push the envelope to the extreme at the expense of the test of the community.

As for other malcontents in the neighborhood, they have started getting disrespectful towards hoa and property management employees. In some situations threatening. And when we issue violations, in the past people simply fixed the issues now we have a core group of trouble makers who show up to hearings with the trouble wife as their legal counsel.

. . . . Nothing works on these people, they have no desire to be part of the community and we are powerless to oust them. . . . . .we have tried being neighborly, we have tried ignoring them, and our last resort was legal action.

. . . We contacted the Texas PE (Professional Engineer Regulatory )board and re-framed our complaint along the lines suggested (the duty to the public issue, and the ethics of brandishing a needlessly brandishing a weapon). And the PE board agrees that some of the incidents would indeed be actionable regardless if there is a criminal complaint filed by the county.

They have agreed to investigate the troublesome young man and at the very least he would be required to attend a disciplinary hearing. . . "

Amongst the contrary suggestions or comments :

"I missed in your comments above what your HOAs attorney advised about tolerating these 'disruptive new folks' who have been legally wiping the floor with the HOA.

If counsel was given, what respectfully did the HOA attorney suggest about enforcing 'unwritten rules', compulsory Christmas decorations, wearing 'Confederate itty bitty bikinis', purporting to professionally damage one or both of the new neighbours, etc ?

- Respectfully, the problem may really be that this pair - & some other owners - are fed up with conformity policing.

Or that Oppressive & Illegal Harassment is the way they & some others see enforcement of "unwritten understandings".

Your Board respectfully would do well to review whatever its counsel has advised about some of its own tactics, or consider whether the Board is listening to realistic legal advice.

Secondly, maybe the only actionable beef you can get anywhere with is proven & substantial nuisance noise. And if its short of proof/ has been tolerated from other sources, you can be sure your so-called problem owners will put such tolerance to good use.

Thirdly, maybe it's time to open the doors to a stakeholder review of community rules.

Fourthly, I would have suggested ADR. But given that weapons may be getting brandished around, sounds sorta late for that. Detoxifying would be better for example than extraneously trying to smear someone's professional reputation even if that wasn't a Board initiative. ( Condo owners in my own jurisdiction have a legislated Oppression remedy and would have been all over that bigtime even if that ain't the case in Texas )."

- Robert B55Texas: "Speaking as a Texas P.E. myself I would like to add that complaining to the board about this man was absolutely the right thing to do.

If this man is really a P.E. his first duty is to the public and he, along with the rest of us who poses a seal, must hold himself to a higher standard of good moral character.

Furthermore the good moral character of a Texas Engineer is established both when he is behind his desk and when he is away from it. . . "

- Larry (Arizona): " . . It sounds like this situation will continue until the lawyer-homeowner and her engineer spouse sue the crap out of these ignorant board members trying to use their positions to enforce imaginary rules.

. . . Under what theory of law does an association acquire the authority ( to )enforce unwritten restrictions by deliberately and intentionally interfering with a property owner's professional reputation ? If someone did that in my state he could be charged with felony harassment.

The basic problem here is that the board seems to be comprised of members who have given "Texas stupid" a new low mark.

Rather than educate themselves as to what they may lawfully do, the board is hell-bent on pursuing a vendetta against the two homeowners who are best able to fight back.

And they are so stupid that no matter how many times a judge hands them a defeat they come right back with more stupidity.

If Diana thinks these owners are rude, she should thank her lucky stars that I am not her neighbor. "

* * *

FOOTNOTE 1 Evans v Casey Davis & Happy Hide-A-way Civic Club Inc. Decision of 14th District Texas Court of Appeals # 14-12-01053-CV Nov 19/13 http://statecasefiles.justia.com/documents/texas/fourteenth-court-of-appeals/14-12-01053-cv.pdf? ts=1384858347 ( Details dereliction, failed tenancies at residence with a HOA; June 16/11 demolitions not by City under some public safety municipal By-Law but by the HOA itself under a mere grass-cutting & cleanup Rule, for which it actually billed the registered owners Evans + $ 80K ! )
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#18698
UPDATED : Texas HOA conformity police target dissenter's PROFESSIONAL REGULATORY BODY 2017/03/25 22:59  
( Update after the topic poster discloses that the HOA or a crony has now filed a second Professional Standards complaint against the target hubby engineer ! )

Further from RobertB55 Texas ( a Texas Professional Engineer too, who now thinks he knows the targets ) :

excrpted : "My best advice to you was to drop the issue and learn to live with it. . . .You made a serious mistake by approaching the PE board again.

You are going to be in for a world of annoyance and hassle.

You think whatever he is doing now is bad just wait until he finds out who filed the complaint. Trying to take then on judicially/administratively is a huge mistake. The court room/board room is their home turf and when you enter it you are stepping into their world.

Here is a little thing you probably didn't know but BOTH of them are attorneys.

The husband just doesn't practice but he has a JD and was admitted to the bar as well." unquote
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