A TEXAN man has received a cease and desist letter from his HOA’s lawyers amid a battle over a $12 million pool renovation project.
He has offended his homeowners association by posting comments criticizing a likely extra $1,500 payment towards the revamp.
John Brandley received a cease and desist letter from lawyers acting on behalf of the Stonebridge Ranch Community Association in TexasCredit: CBS
The HOA wants to revamp the beach club at the site in McKinney as it is impossible to find parts for repair work, as the pool is over 35 years oldCredit: CBS
The HOA’s cease and desist letter to John BrandleyCredit: CBS
The trouble started when The Stonebridge Ranch Community Association (SRCA) in McKinney, Texas, mooted multi-million-dollar pool renovations.
CBS News reported today that the association hoped to revamp part of the community’s property that hasn’t been upgraded in more than three decades.
The HOA has also warned homeowners that they will be asked to pay a special assessment fee – the exact cost of which has not yet been determined.
However, the plan has prompted a fierce response from John Brandley, 54, who has lived in the area since 1999.
He told the broadcaster: “We are experiencing some issues currently with the HOA and some of the projects that they’re kind of cramming down people’s throats.
“This money will all come from a special assessment from all the residents, which, from what I understand, there’s like 9,500 and something homes currently in Stonebridge Ranch.
“So we’ve heard anywhere from $1,200 to $1,500 per home will be charged.”
The business owner claimed that the proposed project hasn’t been welcomed by all residents.
He added: “We’ve got a beach club that’s dilapidated.
“It’s been in existence for some time, they have not set back any of the dues money to try to do those repairs.”
CBS News said he angered HOA members after criticizing the revamp in comments posted on an online private community group chat.
Brandley further annoyed them by also posting a mock financial “assessment” outlining extra funds needed to fix a fictitious broken wall.
In the mock assessment, he wrote about a speeding driver damaging a brick retaining wall, which needed to be rebuilt.
His post added: “In light of this issue we will be issuing a special assessment fee in the amount of $10,957.67 per resident to help reinforce all retaining walls in the Stonebridge Ranch communities.
“This will make our homes and families more secure as speeding drivers are presenting an ever increasing liability to those in the SB Ranch community.”
It went on: “Together we feel we can fleece you of your remaining assets.
“This is a joke and intended to lighten up the heated debate on this damn beach club.”
It’s not clear whether this latter “satirical assessment” was shared in a public setting.
He described this post as a “joke” to make fun of the special fee about to be charged for the beach club’s facelift.
But this resulted in a swift – and legal – rebuke from the HOA members he had offended.
The board’s president, Jon Dell’Antonia, told CBS News that Brandley’s post was “not satirical.”
He added: “We are here to set the record straight and correct the misinformation that is being publicly shared about a new amenity being built in our community.”
Brandley was sent a letter from the HOA’s lawyers which warned him he could end up being sued.
It said that several of his comments had been “interpreted by members of the board and numerous residents of the SRCA community to be offensive, speculative and without substance, truth, or merit.
“Your assertions and innuendos are uninformed and without basis in fact.
“By sharing these falsehoods… on Facebook and other social media outlets it is SRCA’s position that… your actions amount to libel for which the SRCA and affected board members may seek damages.”
The lawyers said that the board had “performed its fiduciary duties and has been fully transparent in its communications to the… community” in regards to the beach club.
They also pointed out that board members are volunteers who “receive no compensation for their involvement and spend countless hours every month addressing the needs of the SRCA community.”
He was told the board had already held multiple open meetings about the proposed work.
The letter added: “There is no justification to speculate and allege that the actions of the board were motivated by anything other than the best interests of the SRCA community.”
Brandley said he was confused by the legal letter, and he alleged that the lawyers had tried to “silence my freedom of speech.”
He said he would be attending the next open meeting on Saturday to discuss the pool revamp.
A spokesperson for the HOA told The U.S. Sun: “The homeowner involved is not being sued.
“He received a cease and desist letter for [allegedly] defamatory comments he posted on social media which were directed at the board and its members.”
The Stonebridge Ranch is a planned community in McKinney, TexasCredit: CBS
The HOA has proposed a multi-million-dollar revamp of its old beach clubCredit: CBS
The ambitious project would serve future generations, said the boardCredit: CBS
A public document on the beach club revamp said it was aimed at “creating the best amenity possible for the future.”
It added: “Our vision calls for a new, modern beach club that can serve generations of residents.
“The original pool was in operation for more than 35 years [and] it reached the end of its lifespan, even to the point of not being able to find parts for repairs.”
