Thursday, April 25, 2024
Two couples who sued the Comanche Cove Owners Association in district court late last week have since been contacted by nine other property owners who asked to join in the legal action, according to one of the parties in the suit.
The civil suit filed in the 355th District Court accuses the HOA of misdeeds that include improperly charged fees, control exerted by a committee that may not legally exist and illegally preventing property owners from voting if they owe assessment fees.
Comanche Cove General Manager Sue Hoffman told the HCN late Wednesday that she could not speak publicly about the matter but indicated that no wrongdoing had occurred and that the HOA has been properly managed.
Hoffman also stated that she was scheduled to speak to an attorney on Thursday and would request that the attorney provide a statement for the newspaper on behalf of the HOA.
That had not happened by press time Friday morning.
The plaintiffs – Douglas and Rebecca Brandt, and Gary and Laura Harris – are being represented by attorney S. Gary Werley, who told the HCN that he has prevailed in lawsuits against the Rock Harbor, Sandy Beach, Western Hills and Oak Trail Shores HOAs.
Werley said that a lawsuit against the Indian Harbor HOA is scheduled for a jury trial on Sept. 28.
Due to the coronavirus pandemic, there has been a months-long moratorium on jury trials. The most recent state directive indicates that jury trials may resume on Sept. 1.
RECEIVER REQUESTED
The lawsuit against Comanche Cove asks that the court appoint a receiver because the HOA “has acted illegally and in an oppressive manner and has misapplied or wasted property of the HOA.”
The suit claims that the HOA “does not have an effective set of Bylaws” and “is currently operating with Bylaws in violation of State law.”
The petition accuses the association of illegally charging lot fees, building permit fees, transfer charges when lots are sold, and penalties ranging from $100-$500 for alleged violations.
The suit claims that these fees are not stated in the filed subdivision restrictions.
The lawsuit states that the Harrises are owed $3,171.25 in damages, and the Brandts are owed $3,424.
The petition also states that according to subdivision restrictions, Comanche Cove’s Architectural Control Committee is composed of three members appointed by Comanche Cove Resort Company and Cove Realty Company, yet neither of those entities is involved in the subdivision.
Laura Harris told the HCN that there is “no record of there ever being a threemember ACC.” She said that for years only one man served on that committee.
The lawsuit also claims that the HOA has improperly charged property owners to view HOA documents and has sometimes denied access to records.
The suit further claims that out of more than $200,000 collected annually, almost $85,700 is paid in office salaries. The petition asserts that $35,000 was paid “in excess of the budgeted amount, with no explanation.”
Laura Harris told the HCN that when she raised questions about salaries and expenditures at an HOA board meeting, sheriff’s deputies were summoned. The lawsuit references her being “shouted down” and law enforcement being called.
In requesting that a receiver be appointed to take control of the HOA, the Harrises and Brandts stated that the homeowners association “has acted illegally and in an oppressive manner” and “has misapplied or wasted property of the HOA.”
kcruz@hcnews.com | 817-573-7066, ext. 258
