Horseshoe Bay Resort drops suit vs. POA
Horseshoe Bay Resort dropped its $1 million lawsuit against the Horseshoe Bay Property Owners’ Association on March 6. File photo
Horseshoe Bay Resort dropped its $1 million lawsuit against the Horseshoe Bay Property Owners’ Association on March 6. However, the order to dismiss does not prohibit resort officials from filing a similar suit in the future.
“If I had known how ridiculous all of this was, I would have never bought in Horseshoe Bay,” POA President Donald Beeman told DailyTrib.com. Beeman was individually named in the lawsuit.
Multiple attempts over the past two weeks to contact legal teams representing the resort and the POA were unsuccessful. Others contacted referred all questions as to why the suit was dropped to the two sides’ attorneys.
Resort officials originally filed the suit against the POA, Beeman, and POA Treasurer Belinda Roberts on Oct. 27, claiming the association had caused “irreparable harm” by failing to maintain its landscaped areas in a “first-class manner.”
“The POA has the ‘duty and obligation … to expend’ the money it receives to maintain the (Horseshoe Bay Resort) community,” read the resort’s initial filing on Oct. 27. “This lawsuit concerns the failure of the POA to fulfill its primary duty and obligation to the (Horseshoe Bay Resort) community.”
Other damages sought by the resort included an audit of POA funds and the appointment of a receiver to oversee the association to “prevent material damage” to the resort.
“Monetary damages will be inadequate to remedy the injury of losing access to key evidence and the accumulating physical damage to the subject property,” the Oct. 27 filing continued.
Horseshoe Bay Resort filed the lawsuit after publicly banning all members of the POA’s Board of Directors from the resort and its associated amenities.
“It is essential for our community to understand these actions against the HSB POA Board were necessary to protect our common interests and preserve the community we all hold dear,” wrote Jordan Jaffe, the declarant of the resort, in an email to Horseshoe Bay residents on Oct. 6.
A temporary injunction hearing in Llano on Nov. 15 resulted in a mediation order from 424th District Judge Evan Stubbs after resort attorneys lobbied the court to “freeze” the POA’s accounts.
“I would hope the mediation will help flesh out logistics for how you work together,” Stubbs told both parties on Nov. 15.
Mediation on Feb. 12 was unsuccessful.