Daniel Brannigan/The Community News
Defendants’ ‘protest’ signs break deed restrictions
By Daniel Brannigan
The Community News
A complaint between two residents of a Willow Park development and a builder turned into a lawsuit earlier this month – not between the aforementioned, but between the residents and the growing development’s homeowners association.
On March 7, the Willow Park Village Homeowners Association filed an injunction against residents Kevin and Charla Hawley for violating deed restrictions by placing protest signs against their home’s builder on their property.
The Hawleys have complained about the quality of their home, citing poor workmanship, defects and builder negligence.
The couple was called to 415th Judicial District Court last Monday, March 19 for a preliminary injunction hearing. The two were served with a temporary restraining order by the homeowners association, preventing them from placing any more signs on their property until the matter is resolved.
A final injunction petition hearing is scheduled for July 16, according to district court records.
Situated between Old Bankhead Highway and the Interstate 20 Service Road, Willow Park Village is a 50-acre, 235-home development operated by Winn Ventures and its owner Jeff Duke. About half of the development is complete.
A copy of the injunction states that the Hawleys “have publicly announced that they are placing, and will maintain, protest or complaint signs on the property visible to the general public.”
The injunction also states that the homeowners association informed the Hawleys “that the placement of protest or complaint signs on the property visible to the general public is a violation” of the deed restrictions and the Hawleys “have refused and continue to refuse to remove such signs.”
Duke, currently in charge of the homeowners association, declined to comment on the injunction at this time since the matter is still in progress.
The Hawleys are considering legal action of their own against the builder.
For more on this story, see the March 23 issue of The Community News.
