ROSHARON, Texas – A Brazoria County couple is expressing frustration after receiving multiple parking violation notices from their homeowner’s association (HOA), particularly during a critical time when they were preparing to take their son, who uses a wheelchair, to the hospital.
“It’s just mind boggling,” homeowner Matt Coe said. “We’ve had no issue for so long, and now for them to fuss and harp on the issues over and over like this, it doesn’t make any sense to me.”
Coe and his family have lived in the Lakes of Savannah North Community for seven years and used their Traverse for four years without issue. However, in recent months Coe said they have a new management administrator for the HOA which he believes is why he’s getting the notices.
“I was a little bit upset and angry because I explained to the property manager when I received the second violation,” Coe said.
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To safely load their son into their SUV, Coe explains that they need to pull the vehicle slightly forward into the roadway.
“I pull forward a bit because this is the only way I can pull out the ramp so my son can safely get into the vehicle,” he said.
The HOA issued a notice stating, “Street parking is not permitted. Please do not park your vehicle perpendicular on a cul-de-sac for safety reasons.”
KPRC 2 reached out to Goodwin & Company, the HOA’s administration, for comment but did not hear back.
KPRC 2’s Rilwan Balogun did speak with the community property manager who said all parking violations, for the entire community, are on hold as the board reviews its policies.
Legal experts suggest that the family’s request for accommodation could open the HOA to potential lawsuits.
Richard Weaver, a real estate attorney, emphasized the importance of communication, stating, “if they do not accommodate, they are in violation of the Fair Housing Act. What that means is that the government can technically investigate them as well.”
The Fair Housing Act, a federal law enacted in 1968, prohibits discrimination in the sale, rental, or financing of housing based on race, color, religion, sex, national origin, familial status, or disability.
Weaver questions whether the HOA can issue violations since the roadway is maintained by the county.
“If the city owns that road, the HOA cannot tell a property owner whether they should or can or cannot park their vehicles on that road,” Weaver said. “Just because the deed restrictions have this type of restriction, it does not mean that the HOA’s own the roads.”
He said the best way to determine who owns the roadway is to begin checking with city/county officials.
Brazoria county officials confirmed Kingston Shores Lane is not a private road.
“In terms of people with disabilities and HOAs, if there are changes in policies or rules that somebody needs because of their disability, you can ask the homeowners association to change the rule,” said Rachel Cohen-Miller, Supervising Attorney at Disabilities Rights Texas. “People can file a complaint with the HUD, with the US Department of Housing and Urban Development. Or you can file with Texas Workforce Commission. The state of Texas also investigates housing discrimination complaints.”
Coe hopes the HOA will consider their circumstances.
“We’re not bothering anybody to the best of my knowledge. I don’t think we’re bothering anybody. We’re not impeding the flow of traffic.”
