Texas HOA Embroiled In Discrimination Allegations

Discrimination allegations plague an HOA in Burleson following a dispute over the display of an LGBT flag. The entire situation even led to the dissolution of an entire board.

The Start of Discrimination Allegations

Calvin Brown recently stepped down from his position on the homeowners association board in Burleson after receiving discriminatory texts from fellow board members regarding a lesbian couple’s yard sign. The couple, Connie and Amy Cooley, faced fines from the HOA for displaying a rainbow-colored sign in their front yard.

The issue arose when the then-HOA President, Marvin Morton, expressed homophobic views in a group text, suggesting that the lesbian couple should be fined for their sign.

Another board member, Kirbi Gibbons, supported this stance. Gibbons claimed that such displays were inappropriate. She also claimed that the displays were personally affecting her role as a teacher at Burleson High School, where three of Amy’s children attend.

Selective Enforcement at Play

Connie Cooley was concerned about the discriminatory treatment. Cooley sought input from the neighborhood Facebook group, discovering that others were not facing fines for similar signs. She and Calvin Brown contacted SBB Community Management, the company overseeing the HOA, to dispute the violation on grounds of discrimination. Evidence from text messages led the HOA’s attorney to instruct Morton and Gibbons to cease their requests for fines.

While the Cooleys, who rent their home, had to pay the fines, they are now seeking reimbursement from the HOA. Other neighbors revealed discrepancies in the application of HOA bylaws, with some displaying signs without facing violations.

Marvin Morton resigned from the board, following the attorney’s advice. Brown mentioned that he and another board member resigned amid the discrimination controversy. The entire board was dissolved, and homeowners were scheduled to vote for a new board. However, as renters, the Cooleys lack voting rights on HOA matters, despite the majority of neighborhood residents being renters.

Brown, re-entering as a candidate, highlighted the selective application of rules by Morton and Gibbons, leading to discrimination. The Cooleys received three violation notices, culminating in a fine in October. They are pursuing legal action through Equality Texas, despite the challenges posed by their busy lives and the desire to stand up against discrimination.