Legal

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

Judgement for Plaintiff