|Homeowner's association sues Mineola family over swing set|
|Written by Clayton Neville|
|Thursday, 03 May 2012 10:18|
A Mineola family is receiving national attention regarding a lawsuit filed by their homeowner’s association involving a swing set.
Candi and Texas Army National Guard Captain Bill Fry are fighting a lawsuit filed by the Spring Lake Homeowners Association.
The Fry’s say when initially approaching the homeowner’s association about building the swing set, they were told they could begin construction.
“After the swing set was almost completed there was a complaint by one of the neighbors,” said Captain Bill Fry.
“That turned into it [the swingset] being visible to the street, and that turned into we didn’t submit the proper paperwork. The foundation has changed the reason as to why we are in violation.”
A pre-trial hearing has been held regarding the suit. At the hearing the homeowner’s association was told that in order to proceed with the lawsuit, Captain Fry’s name must be put on the suit. Candi Fry is the sole name on the suit, due to legalities of initially putting Captain Fry’s name on the suit while he was serving overseas.
“As of now I am not aware that they have done this yet,” said Captain Fry.
Today, the swing set remains in the spot it was built. Captain Fry said it was not moved immediately because a request was made by the family and denied by the homeowner’s association to split the cost of moving the swing set.
“Now that we have received a lot of attention, we have had offers by neighbors and companies to assist with the finances of moving the swing set,” said Fry.
The specifics of the suit include moving the swing set and paying court and lawyer costs.
“The point is they want court costs, lawyer fees, and for us to ultimately take down the swing set,” said Fry.
The Fry’s have received attention from the national news media on this issue and have received mixed feedback from their neighbors on this topic.
“I have some neighbors that have sent letters and made phone calls requesting that they [homeowner’s association] drop it,” Captain Fry said.
“I have not had neighbors that have said you need to take it down, but I have had neighbors that are worried about what the publicity will mean for the value of homes in the neighborhood.”
The lawsuit is currently pending.