Neighbors pitted against neighbors in subdivision fight

This sign in Remuda Estates touched off the latest in a long battle that has pit neighbors against each other in the development.

From the Weatherford Democrat, by Christin Coyne (CNHI), January 9, 2012 –

PARKER COUNTY — Located in far east Parker County off of White Settlement Road, Remuda Ranch Estates is where rural Parker County allows residents to escape the Fort Worth area.

Driving through the sprawling, hilly neighborhood, established around the mid-1970s, it appears quiet and well-kept.

Several of the neighbors waved as they passed each other on the winding roads Thursday afternoon. (Click here to view this complete article.)

9 responses

  1. Jack C. Pickard

    We use to be good neighbors here in Parker County. What happened? I think we generally still are, but when it comes to property ownership and a good neighbor policy, particularly as you move to the more urban neighborhoods over on the East side of the country, those neighborhoods don’t seem to understand tolerance of ones neighbors nor do they seem to care, “it’s all about me”! Learn to live with one another, if you bought land with a hint of an HOA, then that was your choice. Don’t squack to the old timers, we don’t have much tolerance for that. In this case it is properly appealed to the District Court and the law will be decided as to who said and who didn’t and what is enforceable in the contract. GOOD! I thank the Democrat for a complete unbiased reporting of the story from all sides.

  2. Jack,
    When we bought out here in Remuda we were told there was not HOA. Our realtor was correct as the State of Texas had pulled the HOA’s charter for noncompliance. Our contract states there is no mandatory HOA.

    If you talk to the individual neighbors, there are very few problems between neighbors. The problem is with an HOA that sticks it’s nose in places it doesn’t belong. It uses its power and the community’s money go after one resident they don’t like. They have admitted that the case against the Russells was done to get back at this resident for filing suit against the HOA. That’s the same reason all the cases they filed this year were filed.

    As stated in the article, if you are friends with the HOA board members you can do pretty much anything you want. If you are friends with the resident they focus all their anger at, then watch out because you will be their target.

  3. I moved to Remuda in 1986 and became active in the HOA that year. HOA watcher you are correct. The few problems that came to the surface in those years were handled between the HOA and the neighbors and were resolved to the agreement of all. Shortly after Mr. Cavenah moved in he began filing complaints against those that he accused of violating the Restricitions, he filed a suit against a neighbor and then built and used a gun range in clear violation of the Bylaws. His refusal to abide by the very rules that he insisted others abide by is where the problems stated and the heart of the problems that continue to this day. Mr. Cavenah is directly responsible for all of the resent and current legal issues that HOA is involved with.
    While he says that he just wants peace he then admits that he and his co-hearts intentionally violated the Deed Restrictions. He has admitted that his motives include forcing the HOA into bankruptcy. He has publicly started that he wants to force the HOA to disband and then sell the community property. Are these the actions of a man that wants peace? Shortly after the HOA asked him to remove a sign that was clearly in violation of the Restrictions he mounted it to a trailer and parking it in his gate then convinced a neighbor to put the same sign. Are these the actions of a man that wants peace? Now the Russells have mounted a sign on their garage door even with a judgment against them for a previous sign violation. Is this the way a family helps create a peaceful community?
    Be clear in this, the community does not want this consent state of uproar, the community wants to live in peace and could if Mr. Cavenah and his cohorts would stop internally creating conflict.

    1. I had a gun range and used it without complaint for about seven years, because I was never given a copy of the by-laws which it violated until the Gas Lease meeting. Ater receipt of the by-laws, I applied for a variance and was stonewalled by the board until their time allowed by the process outline in the Deed Restrictions ran out and the variance was in affect, granted by default, even though even ten the HOA refused to admit it except for one board member, who is still on the board. How can one abide by a rule they don’t know exists? Simple, they can’t until it is brought to their attention. Has the board ever had occasion to even complain about me committing Deed Restriction violations? NO, because I abide by the Law in all aspects. I wish the board would do the same. Did I file suit against a neighbor, YES. Why? Because the HOA wouldn’t help. I have a certified letter addressed to Tommy Stewart, board member, who refused to accept it when I was asking the board to do its job. As a non-member of the Association, without a vote, it is impossible for me to make them spend money. They have made that decision themselves. I purposely filed my lawsuits in JP Court so that they would NOT be forced to use an attorney, and spend the residents’ money. They felt the need to hide behind an attorney’s skirts, I did not, and still don’t. The best thing to happen to Remuda is for this misguided little band of demagogues to disappear and be heard from no more. The residents of Remuda or any other subdivision do not need an HOA to enforce their Deed Restrictions. We did it when they refused to help, we can do it now. Begone and good riddance.

  4. Sorry, I should have proofed my reply better. But I think you can get my point even with teh errors.

  5. This just in: There were less than 5 deed restriction violations from the inception of Remuda to 1994 (20 years) according to the Association records. Mr. Cavenah moved here in 1994. Since then, there have been 75+ violations cited (next 20 years). As many of my conservative friends say “Nuff said”? I believe so.

  6. The Remuda Estates HOA meeting video tells the real story. If you can sit through the whole thing.This was on the same day they took the Russell’s to court for the Wake Up America sign. Clara Russell is the one filming this and not one person speaks to her. Listen to their plans to change rules to include signs on vehicles to go after one resident. Also the plans to put up signs on the HOA Presidents property concerning not throwing rocks at his bee hives. Marvin Herring proposes spending HOA money to do improvements on the HOA Presidents property.How many times is the name Jack Cavenah brought up?Do these sound like good neighbors to you?

  7. Tommy,
    The problems with all of this really didn’t start until the HOA got gas royalty money. That is when they decided to use the money to retaliate against one resident because he openly disagreed with the baord.
    Have you forgotten how the board in those early days after he moved there got him to file on residents by giving him the money and asking him to go and do the filing? He was doing the work that the board didn’t want to put their name on.
    I hope the HOA does run out of money. Then they will leave everyone alone, just like they did before they had money.

  8. There needs to be a little clarity in some of Mr. Stewart’s statements.
    First of all there were fewer deed restriction violations because there were fewer people that lived here in the beginning.
    Second, Mr. Stewart tries to put all the blame on Mr. Cavenah but a listing of the lawsuits tells the real story:
    1. HOA files against Mr. Cavenah for shooting at his gun range that the board failed to accept or deny a varinace on. Therefore, the variance would have been granted by default. The HOA lost the first hearing in district court and then ran to Commissioner’s Court in an unpublicized meeting to get the gun ordinance passed. Yes Parker County, this is the HOA that brought you the gun ordinance.
    2. The HOA had an annual meeting without a quorum. When it was pointed out to them that they could not have the election without a quorum, the president of the HOA, Steve Coburn, said sue us if you don’t like it. A suit was filed and a mediation agreement was put in place.
    3. Mr. Cavenah sued the HOA for breaking the mediation agreement. He won the case against the HOA in which the judge admonished the HOA for breaking the agreement.
    4. Mr. Cavenah filed suit again for the HOA violating its own bylaws and not equally enforcing deed restrictions. That case was dropped without prejudice.
    5. The HOA filed suit on five of Mr. Cavenah’s friends in the neighborhood while allowing other families with similar deed restrictions violations to be offered variances.
    The HOA even went as far as to spend the community’s money to clean up one lot’s violation only to have that same lot have the same violation a few months later.

    The video of the last HOA meeting does explain it all. Mr. Cavenah has done a lot for the neighborhood and is respected by many of the residents here. If there is a problem, they call Mr. Cavenah. He has been put up for the Good Neighbor Award several years by residents of the association. The only problem the board has with him is that he holds them accountable for their actions. That’s not something they are used to.

    So where does this end? Before the association got money in gas royalties in 2007, the neighborhood was peaceful with very few problems. They are almost out of money and we can only hope that when they have finished wasting all the money, we can have a peaceful neighborhood once again.

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