We were fined by our HOA for parking in our own garage – we fought back and judge agreed with us, but it took four years
A HOMEOWNER enlarged their garage, and their HOA took them to court for $80,000 in damages and legal fees - a judge denied it.
He said the organization's authority to enforce was "unreasonable," and dismissed the homeowner's deed violations.
In 2016, the Chang family paid to have the garage of their Houston, Texas home adjusted, sparking a lawsuit from the Garden Oaks Maintenance Organization over deed violations committed from the construction.
Austin Barsalou, the lawyer for the association, argued that ensuring certain restrictions are followed strengthens a community.
"Deed restrictions are extremely important to neighborhoods in Houston," he told the Houston Chronicle.
"(The group) works so hard to enforce them in Garden Oaks. I think you can tell the difference between neighborhoods that enforce and don't. This neighborhood is successful, in part, because of it."
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Casey Lambright, the Chang family's attorney at the time, said that the organization's power should be called into question.
"Can they now come back at a neighbor for not mowing the lawn? Are other deed restrictions at play? The answer is no," he said.
"How are the rights determined between these parties in the future? Do you have the ability to solve those long-term? They have no right to enforce deed restrictions at all."
The association argued that the Chang's garage being a four-car garage violated deed restrictions, and noted that several attempts to settle were made before a lawsuit was filed in 2012.
Therefore, the HOA sought to have a judge rule to force the family to comply with deed restrictions while covering legal fees - totaling to around $80,000.
Judge Dan Hinde ruled in favor after the jury decided that the homeowner was not guilty, due to the organization's track record for "selective enforcement," as other homeowners made similar changes without a notice of violation.
He also denied the organization's plea for $80,000, despite the Changs' garage being in clear violation of their deed.
The Chang's lawyer found 11 examples of deed restrictions being selectively enforced on other homeowners in the subdivision, all close to the Chang's house.
A home across the street from the Changs made the same change to their home, though they were not penalized or sued.
"In its final judgment, the trial court rendered judgment against GOMO and in favor of the Changs," read court documents from the case resolution in 2017.
"The trial court issued four declarations and did not award attorney’s fees to the Changs."
According to the outlet, the HOA was not satisfied with the ruling.
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An attorney mentioned the judgment was being "evaluated" to ensure no other options could be explored.
As of 2017, no further action against the Changs has been taken.