Updated 01/17/2012 06:41 PM
District judge to weigh in on family's HOA fight
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A family's fight with their homeowners association is now in front of a Williamson County Judge.
The Patton family in Round Rock was hoping to build a storage shed in their backyard, but it hasn't been easy.
"I would have never thought I would have this much trouble to do anything in my own home," Michelle Patton said.
Patton's husband, Brian, said all specifications to construct the backyard building were in line with the Laurel Ridge homeowners association's by laws.
According to an email from the HOA, construction was approved and permits were issued by the City of Round Rock. Then, the HOA issued a complaint to halt construction.
In fact, the HOA filed a lawsuit demanding work on the shed be stopped. The Pattons counter-sued, stating the HOA suit is without merit. Both the HOA's attorney and an HOA representative YNN reached over the phone refused to comment on the case.
The Patton's attorney, Derek Davis, said the entire process is a waste of time and money.
"It is, in my experience, one of the most frivolous lawsuits that I have ever dealt with," he said.
District Judge Ken Anderson set a March date to hear both sides of this argument.
"For reasons unknown to me, for reasons unknown to the Pattons, somebody at the HOA decided they had a bug under their saddle about this, and despite the fact that their building is wholly in compliance, chose to pursue a lawsuit,” Anderson said.
After spending $3,000 to build the shed, the Pattons now say they have a $10,000 attorney bill.
"We should have never been in court for a shed," Michelle Patton said.
The Pattons say since they believed they were not in violation of any HOA or city codes, they chose to finish building the shed.
They are looking to recover attorney fees if the judge rules in their favor.