Holiday Lake Estates Deed Restrictions

HLE SECTIONS 2-5 DO HAVE DEED RESTRICTIONS AND THE RESIDENT RIGHTS/RESPONSIBILITIES DESCRIBED WITHIN THEM: I went to see an attorney and a judge yesterday to have them review HLE governing documents, HLE amendments and amendment rescind, & samples of FB postings. I took a long time HLE resident with me to witness what was said. After reviewing the documents I brought to the meeting, they agreed with the Ernie McClendon decision of 1992 that sections 2-5 do, indeed, have HLE Deed Restrictions. That decision still ‘stands’ unless the Board members who are disputing it can show a court document or governing document amendment that actually REMOVES the deed restrictions for those sections. They said that I could not take this into a court of law because I do not have the ‘burden of proof’. The Board members disputing it have that burden. They would need to take it to a court, along with their ‘proof’ and get a court decision. Here are the documents that I took with me: Cover letter explaining the situation, HLE Deed Restrictions, HLE Deed Amendments (including Vol. 1260 Pgs 046-047 and Vol 1264 Pgs 623-627 originally shown as ‘proof’ by these Board members), Ernie McClendon 1992 letter, and screenshots of the ‘disputing’ Facebook postings. I was also told that if the Board members who dispute this do choose to take this to court, it cannot be heard in District court 258 because of the judge’s involvement. It would need to be heard in District 411. I would be happy to give any HLE Board member or resident a copy of the explanation cover letter and all documents that I took with me. Request it here, or use the contact form to message me privately.

1 Comment

  1. Elizabeth Yingst

    Is it legal to have a vote on bylaws without announcing this to homeowners? Is it legal to have a vote without ballots for homeowners who are unable to attend? Will. Heck with my attorney about this.

    Reply

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