Judge tells resident, property owners association to work out dispute

MONTGOMERY, Texas (FOX 26) - The homeowner haggling with her neighborhood property owners association over mounting fines for planting flowers has had her day in court, sort of. The judge told Dona Davis and the April Sound Property Owners Association, Inc. to try one last time to work this out on their own.          

Several residents who also live in the Montgomery County subdivision arrived to the court to support Davis, who is facing fines of more than $1,000.            

Davis had hoped to leave court with a victory but she says this is far from defeat after the judge ordered both sides to again attempt to resolve the matter.

"He is a very honest, wise man and a good man and a fair man," says Davis. "If this is what he thinks we should do, I’ll do it."

Davis sued the April Sound Property Owners Association, Inc. after she was hit with $1,000 in fines and fees for planting flowers in a wooded, weed-filled lot next to her house. She says she received permission from the POA to beautify the plot and after five years of doing so, she was told to stop.  

Although Davis says she did dig up the flowers and discontinue planting, the fines just kept coming, even for a couple of crepe myrtles which she says she didn’t plant.

Residents who came to court to support Davis say they can’t believe this is happening.     

"I think it’s just such a waste of everyone’s time and energy," says Wayne Lewoczko. "It just harms community relations. She had a beautiful flower bed."

"Sometimes, you need to set aside your pride and make good common sense decisions and in this instance, a good common sense decision was not made," adds Andrea Fahrenthold.  

Davis will now go before the April Sound executive board to learn if they give her what she wants including getting her gate key back. For three years, she’s had to enter her neighborhood through the guest gate.

"I pay dues," adds Davis. "I should have never had it taken. I want them to give me back my permanent guest list and I would like them to compensate me for the three years I’ve had to sit in that line."   

The board meets again on Dec. 14. If they can’t reach an agreement, the case will go to trial. The POA declined to talk with FOX 26 News.