TEXAS – Judge rules against Frisco HOA, allowing City House to operate while civil case is pending

Dallas Morning News:  Judge rules against Frisco HOA, allowing City House to operate while civil case is pending
By Valerie Wigglesworth
October 31, 2014

A district judge’s ruling on Friday effectively allows the nonprofit City House to operate its transitional living program for homeless young adults in a home in a deed-restricted neighborhood in Frisco.

District Judge Jill Willis ruled after a hearing on the arguments that a Frisco homeowners association failed to meet its burden for injunctive relief. The board for the PR2 Homeowners Association had sought to keep City House from expanding its operation in the neighborhood while the civil case is pending. No trial date has been set.

Chad Robinson, who represents the HOA board for the Plantation Resort 2 community, declined to comment after the ruling, saying he needed to consult with his clients. He had argued during Friday’s hearing that the HOA’s deed restrictions required that the homes be used for single-family residential purposes only.

“This case is about the law,” he said. “Just because they are a just cause doesn’t mean they don’t have to follow the law.”

He argued that single-family use restricted the homes in the neighborhood to people who are related by blood or by law. He said Texas courts have also allowed other limited uses, such as nannies or a single renter. But nothing in the law allows for eight unrelated women in a transitional living program to be considered a single family, he argued.  Read more:

Posted on November 1, 2014, in Uncategorized. Bookmark the permalink. Comments Off on TEXAS – Judge rules against Frisco HOA, allowing City House to operate while civil case is pending.

Comments are closed.