UPDATE!!!

We the undersigned petitioners are deeply concerned regarding recent communications disseminated by the HOA, which appear to unjustly target and intimidate members of our community. Such actions not only foster a hostile environment but may also infringe upon the legal rights of residents, particularly concerning free speech.

The Texas Citizens Participation Act, codified in Chapter 27 of the Texas Civil Practice and Remedies Code, is designed to protect individuals from strategic lawsuits against public participation (SLAPP). The statute’s purpose is to “encourage and safeguard the constitutional rights of persons to petition, speak freely, associate freely, and otherwise participate in government to the maximum extent permitted by law.”  Texas State Statutes

Under the TCPA, any legal action that is based on, relates to, or is in response to a party’s exercise of the right of free speech, right to petition, or right of association is subject to dismissal. Specifically, Section 27.003(a) allows the filing of a motion to dismiss such legal actions, and if the motion is granted, the court is mandated to award court costs, reasonable attorney’s fees, and other expenses to the moving party.  Texas State Statutes

Should the HOA persist in issuing defamatory or intimidating communications aimed at suppressing the lawful expression of community members, the affected individuals are prepared to pursue the following actions:

 1. Filing a Motion to Dismiss Under the TCPA: Members may seek immediate dismissal of any legal actions that infringe upon their protected rights, as outlined above.

 2. Seeking Attorney’s Fees and Sanctions: Upon a successful motion under the TCPA, the HOA may be liable for attorney’s fees, court costs, and potentially additional sanctions deemed necessary to deter future violations.

 3. Engaging the American Civil Liberties Union (ACLU): The ACLU is known for advocating against violations of free speech. Involving them could bring significant legal and public attention to the HOA’s actions.

 4. Contacting Local Media: Publicizing these issues can raise awareness and place public scrutiny on the HOA’s practices, encouraging a more transparent and fair approach in the future.

Precedent in HOA Disputes:

A pertinent example is highlighted in the article “Texans ‘Slap’ Back,” where homeowners faced defamation claims from their HOA board members after expressing dissenting opinions. The court dismissed the case under the TCPA and ordered the plaintiffs to pay substantial attorney’s fees and sanctions, reinforcing the protection of free speech in community matters. Freedom of Speech is Alive and Well in Texas. The Texas Citizens Participation Act Strikes Again: This time in an HOA dispute.

We urge the HOA to cease any actions that could be construed as defamatory or intimidating towards community members exercising their lawful rights. It is in the best interest of all parties to foster an environment where open dialogue and diverse opinions are respected. Should these unwarranted actions continue, please be advised that the affected members are prepared to pursue all available legal avenues to protect their rights.

The Undersigned Petitioners