The KA Board Continues its Legal Losing Streak, at Our Expense

In 2017 the KA Board illicitly filed new deed restrictions for all KA Units. Owner Chris Kappmeyer cried foul. The Board dug in, forcing Chris to file a lawsuit to protect his rights. The Board’s response was to petition the court to force Chris to sue all owners for the misdeeds of the Board. It’s akin to a doctor fighting a malpractice case petitioning the court to force the victim to sue all the doctor’s other victims.

Chris fought this silly demand all the way to the Texas Supreme Court and as widely expected the Court ruled in his favor. Now the case goes back to the District Court for further litigation. That the Board had no authority to change the deed restrictions is plain. Still, the Board is fighting to keep them in place. And, they’re fighting with our money.

This follows a pattern. The Board has a history of losing lawsuits over issues in which they’re clearly in the wrong. I’m not aware of the Board ever winning a lawsuit, either as plaintiff or defendant. That would cause most of us to think twice about getting in a lawsuit, but apparently not the Board. Perhaps it’s an example of lack of care when spending “other people’s money,” in this case KA owners’ money. They can play fast and loose and enjoy the excitement of a lawsuit without a personal cost.