The Frys have made yet another offer to the Spring Lake HOA to settle this suit. This is the second such offer. The first one expired with no response from the Spring Lake HOA or their attorney.
This family really just wants to move on. They have offered to move the swing set at their own expense with each side paying their own legal fees. So far…no response.
In the meantime, an account has been set up at Mineola Community bank for anyone who wishes to help them with their legal fees.
I’ve always been under the impression that the best practice is to do everything possible to find a resolution to a problem before filing a law suit. When a law suit is filed, it uses resources at many levels. Sooner or later our courts can become congested with cases that could have been settled far before this stage, had the litigants wanted that.
This seems to be the case in the saga of Bill and Candi Fry. You should know by now about the swing set that prompted a suit from the HOA, but there might be a few things you don’t know. In lieu of writing a long, drawn out article, I will list some points of information I gleaned from a recent interview with the Frys. I also tried to contact their attorney, William Powers, but got no reply.
- The head of the architectural committee for the HOA told Mrs. Fry that ‘it’s a swing set, go ahead and put it up’ when she asked about putting it up.
- A few days later, the chairman of the HOA and the head of the architectural committee were watching as it was being erected. The HOA chairman told Mrs. Fry, “Go ahead and finish putting it up, but you might have to move it if someone complains.”
- After receiving such mixed messages, the Frys referred the HOA to a family friend, an attorney who handles real estate negotiations, in hopes of negotiating an agreement.
- Immediately after this, the HOA broke off communication with them and filed a suit.
- Since the suit was filed, communication has been null.
- A settlement offer has been made by the Frys, without any response at all from the HOA attorney, as of the time of my interview.
- When sued, the Frys hired an attorney to represent them. Since then, all progress seems to have stopped.
It’s sad that once the attorneys get involved, it almost seems as if progress and reasoning give way to billable hours. That seems to be the case here.
One especially sad thing the Frys told me was how their kids ask why the people of the neighborhood don’t like them. You see, some in the Spring Lake subdivision would rather it be zoned as a retirement community. There are only two families with kids, so apparently there is some subtext involved regarding this swing set issue. Either way, it is sad when children grow up thinking the neighbors don’t like them because of something as silly as a HOA that insists on proving its dominance over a homeowner.
Alas, there are some things that come out of such a situation, such as attorney William Power’s comment to the Dallas Morning News equating this swing set controversy to the Frys starting a hog farm on their property. I found that humorous, in a ridiculous kind of way.Meanwhile, the already clogged court system continues to fill up with cases as ridiculous as a swing set.Support the Frys in their battle against the unfair Spring Lake HOA.
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