San Antonio HOA Lawyer Trey Wilson wrote:
As reported by Cindy George of The Houston Advocate, HOA's and residents of the communities they manage can be disagreeable and destructive. Ms. George reported that The Forrest Lake Townhouse Association sued homeowner, Billy B. Martin, over a flagpole on a cantilever on his porch. Houston police had to intervene to resolve the conflict.
Mr. Martin claimed he was targeted by the HOA because of a recent complaint he made about a tattered flag at the clubhouse. He said that after that incident and after it was replaced, he was told he must remove his flag or risk a $200 per day fine for attorney and civil damages, because it was "infringing on the common area." Mr. Martin disagreed with the HOA's assessment and refused to remove the display. The HOA sought a permanent injunction in December. At that point, Mr. Martin began displaying his flag upside down in protest.
The lawsuit claims that the pole is "a violation of the general scheme and plan for the development and building in the subdivision," and that his "actions are intentional and/or negligent invasions" into the property owned by the HOA & its members. The petition also claims that the display "substantially interferes with their use and enjoyment of the land and it is unreasonable under the circumstances."
In his poem "Mending Wall," Robert Frost says that "Good fences make good neighbors." Frost's narrator displays contempt for walls erected between people, but sadly accepts the expression's truth. As a San Antonio lawyer who handles lawsuits involving homeowners associations (HOA) and disputes among neighbors, Trey Wilson has also found unfortunate wisdom in the maxim. This blog is a chronicle of one Texas attorney's observations about HOAs.
Representing Texas Homeowners Associations & those aggrieved by them
Attorney Trey Wilson handles lawsuits and pre-litigation disputes involving enforcement of restrictive covenants/deed restrictions, Homeowner Association member voting/ballot/proxy issues, HOA Board elections, collection of assessments/dues, placement and removal of liens, CCR/Declaration disputes, developer HOA control/turnover, ACC approval, HOA Board governance, Abuses by Homeowners Associations and drafting/amendment of HOA documents including By-laws.
Resident and HOA Flagpole Dispute
Posted by Trey Wilson Attorney; Trey Wilson San Antonio; San Antonio Real Estate Attorney; Water Lawyer; Real Estate Lawyer in San Antonio; San Antonio Evictions Lawyer; San Antonio HOA lawyer at 9:44 AM
Labels: 1st Amendment HOA, Attorney Trey Wilson, Freedom of Speech HOA, San Antonio Real Estate Attorney