Woman Wins $100,000 From Her HOA Who Wouldn’t Let Her Build a Backyard Office

There’s an old saying that many people use when they talk about fighting against a powerful group: “You can’t fight City Hall.” While it may be hard for one person to go up against an organization, one Texas woman learned that sometimes you can not only fight, but you can win as well. 

Masha Davis sued Davis Spring Property Owners’ Association (POA), Inc as well as Amanda Mock (the board’s president), in January 2021, when the POA refused to let her build an accessory dwelling (an organization that is broader than a traditional HOA, as it can cover additional properties such as vacant land, commercial properties, and mixed-use land). According to the board, the dwelling violated their shed rules.

However, Davis argued that it was more than a shed, since it would be used as a home office. A legal battle ensued, and Davis eventually won a key ruling, which came along with a pretty sizable cash payout that was supposed to cover her attorney’s fees.

But Mock pushed back, appealing the court’s decision and fighting back against the six-figure award. Here’s what happened. 

The Homeowner Claims Her Office Was Incorrectly Denied

Homeowner wins $150k judgement against her HOA
by
u/mld53a in
fuckHOA

According to the legal paperwork posted on Justia U.S. Law, Davis submitted an application to her POA’s Architectural Review Committee to try to get approval to build the home office. The POA denied the application, saying that the structure didn’t meet regulations because it was above the roofline. 

Davis pushed back since she believed that her application was unfairly denied under the community’s Master Declaration of Covenants, Conditions & Restrictions (CC&Rs). She took the association and Mock to court, winning her case.

Davis’ attorney requested $149,680.25 in compensation, which would go to cover a few different expenses, including future expenses when Mock and the POA eventually filed their appeal. In the end, Davis was awarded $100,000.

The POA Appealed the Attorney’s Fees Award

As Davis and her lawyer predicted, the ruling was appealed, with Mock saying that the courts made an error in giving Davis money to cover her attorney’s fees, since they weren’t correctly segregated in her request. She cited Texas Property Code Section 5.006. However, in the end, the Texas Third Court of Appeals affirmed the original district court’s order on Sept. 29, and the award stands.

Someone claiming to be Davis took to Reddit to share the news of the case, telling Redditors how the judgment is expected to increase by $1,000 for every month it isn’t paid, which would cost the people who live in the POA “over $260 if a special assessment were levied to pay it.”

She says that the POA has sent an email to the homeowners, telling them the case was without merit, defending the original denial. “We will soon learn whether insurance will pay the judgment, as the Board promised residents, or whether the homeowners will be required to pay for the Board’s losing decisions,” she wrote.

“The judgment—and the truth—now speak for themselves,” she concluded.