Homeowners in Silver Lake, A Johnson Development Community, Files Lawsuit . . .

MissouriCityChatter/CRD Exclusive (Click on title link above for more). . .

Another Johnson Development Related Lawsuit?

Many of you were aware that Johnson Development Company (JDC) of Houston developes many communities in the Missouri City area (Riverstone & Sienna Plantation) and of the current SLAPP suit against homeowners here who participated in organizing a petition drive against up to 2700 apartments (approximately 7-11 complexes) last summer in the Sienna area. In February a local homeowner filed a SLAPP-back suit against them for fraud, trade deception and harassment with regard to this legal effort by the company. Also in February it was found through a search of Fort Bend County court records that JDC/SJD has been involved with numerous cases here in this county since 1999 some involving other residents and homeowners (see http://courtcn.co.fort-bend.tx.us:80/pls/public/ck_public_qry_cpty.cp_personcase_details_idx?backto=P&soundex_ind=&partial_ind=&last_name=&first_name=&middle_name=&begin_date=&end_date=&case_type=&id_code=@3129 for more)

Well yesterday word came to us that a lawsuit has been filed in Brazoria County against the Silver Lake HOA board by 20 homeowners, another Johnson Development community. A Ms. Trisha Taylor, the legal counsel for the group stated (from the Houston Business Journal):

"According to a Silverlake resident, the residents pay $480 a year to the homeowners' association.

In a lawsuit filed in the District Court of Brazoria County, the residents claim that the association has breached its fiduciary duty by failing to provide financial statements and reasonable access to corporate books and records.

Trisha Taylor, an attorney with Daughtry & Jordan PC who is representing the homeowners, says because of the association's failure to provide financial information, it is impossible to determine whether the annual assessments being paid by the homeowners are being used for the benefit of the subdivision.

Meanwhile, residents say that the confusion over board representation began when Johnson Development Corp. took over the 4,000-acre master-planned community -- located just east of State Highway 288 -- from Southwyck Limited Partners in the late 1980s and early 1990s and certain board members were replaced.

Today, Silverlake is made up of many individual communities, and each neighborhood is supposed to elect a representative to the homeowners' association, according to Taylor.

She contends that three people on the board formulated "arbitrary" rules to certify whether those elected neighborhood representatives were valid members.

"What's happened is the current members on the board aren't certifying the elected members and have created a situation where they cannot be removed," she says.

The lawsuit states that "because the board failed to properly hold elections pursuant to the association's governing documents, it is the plaintiffs contention that the current board was not properly elected."

To read the entire article please go to http://www.bizjournals.com/houston/stories/2005/04/25/story8.html .

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Comment: With the management team selected without member approval here in Sienna, could this be an issue we face when build out is achieved? Also isn't it curious that such a large company is constantly involved with lawsuits in at least two counties now?

See residents comments on this below. This is very telling:

"Meanwhile, residents say that the confusion over board representation began when Johnson Development Corp. took over the 4,000-acre master-planned community -- located just east of State Highway 288 -- from Southwyck Limited Partners in the late 1980s and early 1990s and certain board members were replaced."




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