The lawsuit Yancy v Burleson Magnolia Farms Homeowners Association Board of Directors, Et Al was filed on February 21, 2019 by Members Darren & Carol Yancy against the 2017 Board of Directors over issues surrounding this site and other HOA and Texas Law violations. On September 23, 2019, the Court ruled in favor of the Yancy’s in their Amended Petition on their claims and dismissed the Board of Directors Counter Claims.
The Court did not rule on the Non-Member maintenance issue on basis of jurisdiction as no suit had been presented against the Non-Members. This does not imply that the HOA or Board does not have rights for collection, but rather a direct suit must be brought against Non-Members over issues of maintenance fees and Deed Restriction enforcement.
The following are documents related to the suit.
Plaintiffs Original Petition
Yancy V BMFHOA, Et Al Original Petitiion 2.21.190001
BMFHOA Board Response to Original Petition
Defendants Original Answer & Pleas,
Plaintiffs Amended Petition and Response to Defendants Pleas, Court Order on Pleas
Yancy v BMFHOA, ET AL Amended Petition 4.24.20190001, Order on Pleas to Jurisdiction0001
Counter Defendant BMFHOA Board Counter Claims
Counter-ClaimCross-action Filing Fee
Plaintiffs Amended Petition and Answer to Counter Claims
Yancy V BMFHOA Board 3rd Amended with Responses0001
Counter Defendant BMFHOA Board Amended Counter Claim
Counter-plaintiff-Defendant’s 1st Amended Counterclaim
Plaintiffs Response and Motion to Dismiss Counter Claim
CDPlaintiffs Motion to Dismiss Claim for Spcl Assessment0001
Final Judgment for Plaintiff Darren G & Carol A Yancy