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A TEXAN man has received a cease and desist letter from his HOA’s lawyers amid a battle over a $12 million pool renovation project.
He has offended his homeowners association by posting comments criticizing a likely extra $1,500 payment towards the revamp.
The trouble started when The Stonebridge Ranch Community Association (SRCA) in McKinney, Texas, mooted multi-million-dollar pool renovations.
CBS News reported today that the association hoped to revamp part of the community’s property that hasn’t been upgraded in more than three decades.
The HOA has also warned homeowners that they will be asked to pay a special assessment fee – the exact cost of which has not yet been determined.
However, the plan has prompted a fierce response from John Brandley, 54, who has lived in the area since 1999.
He told the broadcaster: “We are experiencing some issues currently with the HOA and some of the projects that they’re kind of cramming down people’s throats.
“This money will all come from a special assessment from all the residents, which, from what I understand, there’s like 9,500 and something homes currently in Stonebridge Ranch.
“So we’ve heard anywhere from $1,200 to $1,500 per home will be charged.”
The business owner claimed that the proposed project hasn’t been welcomed by all residents.
He added: “We’ve got a beach club that’s dilapidated.
“It’s been in existence for some time, they have not set back any of the dues money to try to do those repairs.”
CBS News said he angered HOA members after criticizing the revamp in comments posted on an online private community group chat.
Brandley further annoyed them by also posting a mock financial “assessment” outlining extra funds needed to fix a fictitious broken wall.
In the mock assessment, he wrote about a speeding driver damaging a brick retaining wall, which needed to be rebuilt.
His post added: “In light of this issue we will be issuing a special assessment fee in the amount of $10,957.67 per resident to help reinforce all retaining walls in the Stonebridge Ranch communities.
“This will make our homes and families more secure as speeding drivers are presenting an ever increasing liability to those in the SB Ranch community.”
It went on: “Together we feel we can fleece you of your remaining assets.
“This is a joke and intended to lighten up the heated debate on this damn beach club.”
It’s not clear whether this latter “satirical assessment” was shared in a public setting.
He described this post as a “joke” to make fun of the special fee about to be charged for the beach club’s facelift.
But this resulted in a swift – and legal – rebuke from the HOA members he had offended.
The board’s president, Jon Dell’Antonia, told CBS News that Brandley’s post was “not satirical.”
He added: “We are here to set the record straight and correct the misinformation that is being publicly shared about a new amenity being built in our community.”
Full response from the Stonebridge Ranch Community Association (SCRA)
The SCRA Board President, Jon Dell’Antonia, said:
“We are here to set the record straight and correct the misinformation that is being publicly shared about a new amenity being built in our community.
“The cease-and-desist letter issued on January 27 was in direct response to specific individuals who falsely accused our Board of taking bribes, kickbacks, and funneling money to friends and family, and not a satirical post.
“Our Board members are volunteers and fellow homeowners.
“The intention of this letter is to prevent individuals from seeding false stories about their neighbors and to protect the integrity of our community, our volunteer Board members as well as the governing processes we follow.
“All procedures have been followed in accordance with the association’s governing documents.
“In addition, we have held numerous homeowner meetings and since last spring have kept the community informed through multiple channels including the homeowner portal, association website, weekly newsletters, and other official means of communication, which we will continue to do as the project progresses.”
Brandley was sent a letter from the HOA’s lawyers which warned him he could end up being sued.
It said that several of his comments had been “interpreted by members of the board and numerous residents of the SRCA community to be offensive, speculative and without substance, truth, or merit.
“Your assertions and innuendos are uninformed and without basis in fact.
“By sharing these falsehoods… on Facebook and other social media outlets it is SRCA’s position that… your actions amount to libel for which the SRCA and affected board members may seek damages.”
The lawyers said that the board had “performed its fiduciary duties and has been fully transparent in its communications to the… community” in regards to the beach club.
They also pointed out that board members are volunteers who “receive no compensation for their involvement and spend countless hours every month addressing the needs of the SRCA community.”
What is an HOA?
One in five Americans live in an area with a Homeowners’ Association – or HOA. But what exactly is it that they do?
- An HOA is a homeowner’s association – an organization that aims to maintain a clean and cohesive place to live for its residents.
- Entire neighborhoods, subdivisions, condominiums, family homes, or townhouses within “a planned development” will often make up an HOA.
- They also act as a governing body for tenants, who run and fund the HOA through monthly fees.
- Their principal aims are to keep the community functioning and visually appealing and to maintain property values.
- They primarily focus on common areas of a neighborhood, such as roads, parks, and pools – but may also stipulate what residents can do with their properties, such as yards and driveways.
- Often these restrictions enforce uniformity on properties, for example, ensuring most houses look the same and all driveways are clear of weeds.
- An HOA rulebook of covenants, conditions, and restrictions (CC&R) is distributed to all residents, and an elected volunteer board of directors enforces these regulations.
- Breaking these rules can result in penalties such as fines and even litigation – as most HOAs are incorporated and subject to state law.
- HOAs are often the subject of controversy, with some members feeling that the rules are too punitive and restricting, or that the leadership has too much power.
- But others like that HOAs give communities the power of self-governance, and can ensure a degree of harmony between residents.
He was told the board had already held multiple open meetings about the proposed work.
The letter added: “There is no justification to speculate and allege that the actions of the board were motivated by anything other than the best interests of the SRCA community.”
Brandley said he was confused by the legal letter, and he alleged that the lawyers had tried to “silence my freedom of speech.”
He said he would be attending the next open meeting on Saturday to discuss the pool revamp.
The U.S. Sun has contacted the HOA for further comment.
A public document on the beach club revamp said it was aimed at “creating the best amenity possible for the future.”
It added: “Our vision calls for a new, modern beach club that can serve generations of residents.
“The original pool was in operation for more than 35 years [and] it reached the end of its lifespan, even to the point of not being able to find parts for repairs.”
