North Texas Family Sued by HOA for Posting a Wake Up America Sign

by DFWVoter on November 23, 2011 · 10 comments

in Current Issues

http://www.the-912-project.com

source: http://www.the-912-project.com

I am sure you’ve seen these signs posted before. Maybe you’ve even seen them in your neighborhood or you have one in your own front yard.

Wake Up America- a group dedicated to defending our liberties.

There is a family in Parker County who is being sued by their HOA to the tune of $7,000 for placing this very sign on a tree that is on the easement to their property.

Before I go any further let me address the immediate thought that likely came to mind when you just read ‘being sued by their HOA‘. When the homeowners, Clara and Johnnie Russell, purchased this property there was not a homeowners association in the sub-division in which they purchased their two acre lot. As a matter of fact, this was documented specifically by the realtor who sold the Russell’s this property, as well as by the developer and the title company.

Documented.You can view the real estate sales contract here.

Later, a voluntary homeowners association was acquired in their sub-division by a handful of residents.  The Russell’s are not members of this voluntary program.

Mind you, there are neighbors in this sub-division who have signs on their property to support their child’s school, garage sales, etc. According to coverage on WFAA’s webiste about the Russell’s story, neighbors claim their motives for filing this lawsuit against the Russell’s had nothing to do with the message on the 912 sign, but rather in keeping the subdivision attractive.

Seems contradictory, doesn’t it. Selective, maybe?

Additionally, in the voluntary homeowners association there are statements that restrict homeowners from having specific animals,  such as llamas, on their property. Would you be surprised if I told you there are neighbors in the sub-division who have llamas on their property?

Again, selective?

What if I told you the judge handling this case, Justice of the Peace in Parker County Precinct 4, Judge Lynn Marie Johnson, is close friends with board members of the voluntary homeowners association. They are now back peddling to unfriend one another on Facebook and remove photos that imply and support there is a clear conflict of interest.  Unfortunately for them, this is all documented.

On Monday, November 21, 2011, the Russell’s went to court to prove inability to pay this $7,000 lawsuit. Judge Lynn Marie Johnson is denying a reasonable bond amount so this case can go to the next level. She is also not allowing a Pauper’s oath in favor of the Russell’s, as they are unable to afford these fees. The Russell’s can not afford the bond designated to the case by Judge Lynn Marie Johnson, thus disabling the Russel’s from appealing the case.

The Justice of the Peace Courts were created to be The People’s Court. Is Judge Lynn Marie Johnson doing justice for the people? Or for her friends?

Further, why did the judge not see this is as a frivolous suit that has no damages and encourage some sort of mediation?

Why did Judge Lynn Marie Johnson not recuse herself from this case as there is clearly a conflict of interest?

Voting records indicate that Judge Lynn Marie Johnson’s voting history is Democrat. I wonder if she finds the Wake Up America sign offensive?  Does she or does she not support limited government.

When Judge Lynn Marie Johnson made her press release to run for Justice of the Peace in 2010, she promised to:

It is important that the Justice of the Peace take into consideration the seriousness of the offense, the threat to the community, and sound legal principles before the bond is set.

The characteristics of good lawyering are the same as the characteristics of good judging–respect for people, respect for ideas, and respect for justice.

The Justice Court is commonly known as “The People’s Court” and it is her intent to see that the Court operates to quickly and fairly serve the community within the confines of the law.

 

Maybe you should just contact Judge Lynn Marie Johnson yourself and express your concerns.

Willow Park Place

5189 East I-20 Service Road North Suite 109

Willow Park,   TX- 76087

817-441-1071 (office)
817-917-9993 (mobile)

You could also tune in to the Glenn Beck show on Monday Tuesday (updated due to flight availability) to learn more about this story as the Russell’s will be guests on his show.

Wake Up America. Do you see the irony?

{ 6 comments… read them below or add one }

Jack Cavenah November 23, 2011 at 11:00 pm

I can certainly see that I was wrong in supporting her when she ran for office. I am also certainly going to do my level best to see that she is a “one term” Justice of the Peace in Parker County. I used to be naive enough to believe that Harris County and Bexar County were the two most corrupt counties in Texas. I no longer believe that to be the case.
If not a recusal, at least a fitting judgment for a “no damage” infraction. The only damage to Remuda HOA is the thorough “outing” they are experiencing, and that is only just and proper. Same for the Judge. Let home buyers beware:
If there is an HOA where you are looking at property, RUN as fast as you can to another piece of property. Power breeds abuse, and people who have never supervised others in the work place run amok when voted into office in an HOA. Been there, done that, have the emotional scars to prove it. Will I knuckle under? Not on your life! They have vandalized my property, besmirched my name and cursed me soundly. I am still here and intend to remain.

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Greta December 14, 2011 at 10:23 pm

I really culodn’t ask for more from this article.

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Ellen Trop November 28, 2011 at 11:37 pm

If the Russel’s were not originally in the HOA and they did not join the “voluntary” HOA, then how does this HOA have any JURISDICTION over them and/or their property/easement? Does their county or township prohibit signs? If not, I would say this HOA is OOL (out of luck) and they are definately OUT OF LINE!!!

This should have been dismissed immediately! $7,000.00??? Sounds like the HOA wants the Russel’s to fund the HOA Christmas party.

The judge should have definitely recused herself. If it was such a strong case then any other judge would have found the same verdict, however, I still don’t think it would have gotten that far because they are NOT part of the VOLUNTARY HOA. These HOA members are bullies and as long as there are no vulgarities that would offend the common individual, then the sign should stay and and the HOA should be told to go away!

Shame on you Judge Johnson! This is not an appropriate verdict and you know it!

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Alexis Caughell January 10, 2012 at 10:43 pm

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laney February 1, 2012 at 11:53 pm

Sounds familiar! Myself and seven other board members (by a vote of 8-4) voted to replace our parking lot gate with one that is compliant to state law so that emergency vehicles can enter. We were hit with a restraining order by a group of residents and some of the four members who voted against the gate. Eventually a local judge intervened and overturned our board vote! The legal fees were almost as much as the cost of the new gate so we all lost. I urge everyone to think twice before moving into any HOA.

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Kristen Miles Texans for Honesty April 27, 2012 at 11:39 pm

You might want to research the sign city ordinance. What many people do not understand is that they do NOT own the land located between the sidewalk and the curb, the city does, but you are required to maintain the land. Most people place these signs illegally in that particular area. Signs cannot be placed on medians or on public right-of-ways either. Developers, by a special ordinance are allowed to group signs in these areas on specific days adjacent to a weekend when they are having open house…. etc… Also take note that between the medium and the curb (even though you planted it) you do not own the tree and cannot cut it down. In other words, if you don’t like laws, change them. Here is a link to the sign ordinance for FW, look up Parker County Sign ordinance yourself, I am sure it’s similar :) . http://fortworthtexas.gov/planninganddevelopment/permits/default.aspx?id=45122

Perhaps you should write an article about that dumb ass crook Gary Fickes running for County Commissioner who continues to place his signs downtown (out of his precinct) and on several entrances to the highways. On his signs it clearly states ” IT IS A VIOLATION OF STATE LAW (CHAPTERS 392 AND 393, TRANSPORTATION CODE), TO PLACE THIS SIGN IN THE RIGHT-OF-WAYS OF A HIGHWAY” Lets put the 7000.00 fine on him….. he’ll pay this like he pays his taxes. NOT!!!

PS. Instead of WAKE up America the signs should read “OBAMA SUCKS”….. stop beating around the BUSH LOL

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