Mt. Juliet area man spends near $11,000 in dispute with HOA
The Tennessean
Andy Humbles
15 September 2016

Photo: Andy Humbles The Tennessean
David Oakley was fed up with neighbors in his Wilson County community
parking their boats, RVs and commercial vehicles in their yards.
So he took his homeowners association to court. To the tune of almost
$11,000 in his own legal fees.
Oakley, 69, alleged the Seven Springs Estates Homeowners Association
did not enforce parking restrictions according to neighborhood bylaws
for the 66-lot subdivision off Central Pike that he and his wife moved
to in 2007 as a retirement home.
“If I wanted to live in the Kampgrounds of America, I would have moved
to the Kampgrounds of America,” Oakley said. “It’s called property
rights.”
The legal brawl dates back March of 2007, when Wilson County Chancellor
C.K. Smith concluded an amendment to the Seven Springs Estates
“Declaration of Covenants” that included parking restrictions for
commercial vehicles, trailers, recreational vehicles, boats and
non-functioning automobiles “applies to all lot owners."
The homeowners association had contended that the amendment didn’t
apply to homes whose sales closed before the 2007 addendum because of a
grandfather clause. But the chancellor ruled that the clause “does not
excuse,” Seven Springs Estates owners from compliance.
However, the court also ruled the homeowners association did not have
an obligation to enforce the bylaws.
Oakley was back in General Sessions Court last month, this time
specifically seeking to recover $10,892 in legal fees, court costs and
a letter related to the case, he said.
General Sessions Judge Barry Tatum dismissed Oakley's plea for
financial relief based on the Chancery Court’s jurisdiction in the
case. The Chancery Court did not award Oakley financial relief
requested as part of the lawsuit, which Judge Tatum stated can be
interpreted as a denial.
he and his wife have been shunned by some neighbors
Oakley, who said he and his wife have been shunned by some neighbors
over the dispute, doesn't plan to continue to pursue money he's spent
in the case.
The extent of Oakley’s fight has baffled the volunteer homeowners
association, current president Shawn Worlow said.
Oakley took his grievances to court, saying the HOA wouldn’t meet with
him about his concerns. However, Worlow maintained the HOA holds annual
open meetings and that Oakley has not raised concerns. His complaints
about the parking restrictions were made mainly via lengthy email,
Worlow said.
“We don’t have any ill-will toward him,” Worlow said.
The median sales price of homes that closed in the last two years in
Seven Springs Estates is $389,000, Worlow said.
While the homeowners association isn’t obligated to enforce the parking
restrictions, it did send a letter to residents that the regulations
would be enforced starting Sept. 1. Worlow said the rules are now in
effect.
the fine is now $25 per month
The fine for boats, trailers, commercial trucks and similar vehicles
being parked in yards at Seven Springs Estates is $25 per month, which
Worlow said a resident can choose to pay. Oakley has argued the fine is
less expensive than using a commercial storage facility.
Attorney Jason Ferrell, who has represented the homeowners association,
declined comment.
A representative for Community Management Associates that serves as the
property manager for Seven Springs Estates also declined comment.
I won the
war, but lost the battle, the battle being reimbursement of my legal
fees
“I’ll just wait and see,” Oakley said about enforcement. “I won the
war, but lost the battle, the battle being reimbursement of my legal
fees. But the board has changed its tone 180 degrees. I am 100 percent
convinced if I hadn’t brought the lawsuit then nothing would have
changed.”
I have a hard time figuring out what
Mr. Oakley has won. For a mere $25 a month, all the boats, trailers,
commercial trucks and similar vehicles
can remain.
—CondoMadness
top contents
chapter previous next