Homeowners Associations (HOAs) can only legally govern properties that are explicitly included in their recorded declarations of covenants, conditions, and restrictions (CC&Rs) filed with the county clerk; if a property owner's parcel number is not listed in the legal description, the HOA has no authority to charge dues, file liens, or enforce rules, and such actions constitute fraudulent liens that can be challenged in court.
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Deep Dive
HOA Tried Charging My Ranch Dues Outside Their Jurisdiction — So I Subpoenaed Their DeedsAdded:
My family has owned this ranch for 60 years. The HOA next door, they've only existed for four. That didn't stop them from sneaking a $1,840 invoice under my gate certified mail, late fees payment portal, the whole official-looking scam, demanding money on land my grandfather bought with straight cash in 1961.
Then they threatened to slap a lien on it. So, I drove straight to the county clerk's office, pulled every single deed they ever filed, and read them line by line sitting in my truck. That's when I saw it. Their entire case was built on lies, and I had just found the exact spot where their whole house of cards was going to collapse. She picked the wrong ranch to mess with. If anyone has ever tried to take what your family spent decades building, drop your state below. You're not going to want to miss what happened [music] next. Let me back up and tell you about the land first because the land matters. [music] My name's Garrett Hollowell. I'm 53 years old. I run a small cattle operation out of Kerr County, Texas. And I have the kind of face that comes from spending four decades in direct sunlight without ever remembering to use sunscreen. My grandfather Olan Hollowell bought 42 acres off Farm to Market Road 1340 back in 1961.
He paid $4,200 cash. I know because the receipt is framed in my kitchen. Brown at the edges, written in a hand so precise it looks like a man who expected someone to check his math one day. Olan raised goats. My father Dale switched to Hereford cattle. I kept the Herefords and added a small hay operation on the back eight acres. Nothing glamorous, a working ranch. The kind of place where the alarm goes off at 5:00, and the truck smells like diesel and alfalfa, and the coffee is made in a percolator that my mother bought in 1987, and I have never once cleaned properly. The land butts up against the Guadalupe River on its southern edge. In summer, you can hear the water from the back porch, a low, persistent sound, like the land is breathing. In winter, the cedar gets that particular cold medicine smell, sharp and clean, and the cattle stand in the field looking annoyed at everything, which I respect. Now, four years ago, a developer named Crestfield Properties came in and bought the 180 acres directly to our north. Used to be old Pruitt grazing land. Been fallow since Jerry Pruitt's emphysema got bad in 2018. Crestfield put up a subdivision, 64 homes. Nice enough if you like houses that look like they were printed from the same file. They named it Ridgeline Estates, which is funny because there is no ridge, and the estates are on quarter-acre lots. With the subdivision, came the Ridgeline Estates Homeowners Association, and with the HOA, came Pamela Durst. Pamela was a transplant from the Houston suburbs, recently retired from a career that, as best I could gather, involved telling other people what they were doing wrong in a professional capacity. She moved into Ridgeline Estates in 2021, and became HOA president within eight months, which tells you everything you need to know about who shows up to those meetings. She was, and I want to be precise here, the kind of person who used the phrase "community standards" the way a poker player uses a bluff, constantly and with tremendous confidence, regardless of what cards she was actually holding. I met Pamela for the first time at a county road meeting about dust abatement on FM 1340. She sat in the second row, had a color-coded binder, and interrupted the county engineer four times to circle back on points he had not finished making. I thought she was someone's attorney. She was not. She was just Pamela. I didn't think much about her after that. That was my mistake. The first sign of trouble came in March 2023. A white envelope appeared in my mailbox, not my gate, my actual rural mailbox, which meant someone had driven up FM 1340 specifically to deliver it. Inside was a letter on Ridgeline Estates HOA letterhead. It informed me that my property had been incorporated into the Ridgeline Estates Management District as of January 1st, 2023, and that I owed $1,840 in annual dues, prorated to $460 for Q1, due by April 15th. There was a payment portal QR code at the bottom. I read that letter twice. Then I walked out to the fence line and looked north at the row of beige houses gleaming in the afternoon sun. Then I walked back inside and poured myself a cup of coffee from that unclean percolator. And I thought, "Somebody is about to have the worst year of their life, and it isn't going to be me." I did not pay the $460.
What I did do, and this is important because it set the tone for everything that followed, was respond in writing. I composed a one-page letter on plain paper, no letterhead, no attorney's name, no threats, just calm, specific questions. What is the legal instrument by which the Ridgeline Estates HOA claims jurisdiction over parcel 4, 7-1-890-A, Kerr County?
What recorded deed restriction or annexation covenant applies to said parcel?
Please provide the recording number and the date filed with the Kerr County Clerk's Office. I mailed it certified return receipt requested. The return receipt came back signed by someone named R. Marchetti, which I assumed was Ridgeline's property management company.
No response to the substance of the letter ever arrived. Instead, 2 weeks later, a second notice arrived. This one included a late fee of $75, bringing my alleged total to $535, and informed me that failure to pay within 30 days would result in escalated enforcement action up to and including liens. Liens on property they didn't govern. For dues they had no legal basis to charge. I'll be honest with you. I felt something in my chest at that point that I can only describe as a very quiet, very cold sort of joy. Because the moment they used the word lien, they crossed from being an annoyance into being a legal problem. And legal problems have solutions. I drove into Kerrville that same afternoon and sat down with my attorney, a man named Fletcher Odom, who has been practicing property law in the Texas Hill Country for 30 years and has the disposition of a man who has never once been surprised by human stupidity, but has learned to find it professionally satisfying. I showed Fletcher the original letter, my certified response, and the late fee notice. He read all three without changing his expression, which is his version of being visibly alarmed.
"Garrett," he said, "they have no easement. They have no declaration of covenants. Your land has never been part of any recorded HOA instrument that I can find."
So they just made it up. "What they may have done," Fletcher said carefully, "is expanded their claimed management district boundaries on their internal documents without filing anything with the county, which is sloppy and potentially fraudulent."
Takeaway: In Texas, an HOA can only govern a property if a deed restriction or declaration of covenants, conditions, and restrictions, CC&Rs, is recorded with the county clerk and linked to that property's title. No recording, no authority, full stop. Fletcher recommended we send a formal cease and desist citing Texas Property Code Section 202 and Section 5.012 and demanding documentation of their claimed jurisdiction. We sent it.
Certified mail return receipt, the whole ceremony. Pamela's response arrived not by mail, but in person. On a Saturday morning in late April, I heard gravel crunching in my driveway. That specific dry season crunch that sounds like someone chewing a mouthful of rock, and looked out to see a white Ridgeline Estates HOA golf cart parked beside my fence gate. Pamela Durst was standing next to it in khaki slacks and a polo shirt with the HOA logo embroidered on the chest, holding a clipboard. I went out to meet her. My cattle dog Biscuit went with me and sat on my boot. "Mr. Hollowell," she said in the tone of a person who has rehearsed this. "We're here to conduct a compliance inspection of your property." "Are you?" I said.
"Your property is within our management district and your continued non-payment and non-compliance with HOA standards."
"Ma'am," I said. "You are standing on a county road right-of-way. That gate behind you is my property line. You do not have my permission to enter and you do not have legal authority to conduct any inspection of anything I own." She looked at her clipboard. She looked at me. Biscuit yawned. "I'll be filing a notice of non-compliance," she said.
"You can file whatever you like," I said. "But I'd encourage you to speak with an attorney before you do because the document my attorney sent you 2 weeks ago explained exactly why this is going to go badly for you." She got back in the golf cart and drove away up the caliche road, trailing a little rooster tail of white dust that the morning light turned almost pretty. I went inside and made a note in my legal pad.
April 27th, Durst attempted property inspection, refused entry, no warrant, no authority. Biscuit unimpressed. Then I called Fletcher and told him what had happened. "Good," he said. "Keep documenting." I kept documenting. May came in hot the way it does in the hill country. A dry, serious kind of heat that smells like warm cedar bark and baked caliche and makes the cattle stand in the cedar shade with their eyes half shut like they're meditating on their life choices. I had fence work to do on the south pasture and a hay contract to honor and I will admit that for about 3 weeks the Pamela Durst situation moved to the back of my mind. She did not let it stay there. On May 19th I got a call from my neighbor to the east, a woman named Delores Wicker, who has been ranching that land since before I was born and who at 71 years old can still run a fence line in July heat that would flatten a man half her age. Delores had also received an HOA dues notice. Her property was even further from the Ridgeland Estates boundary than mine, a solid half mile of cedar scrub and rocky pasture between her gate and their nearest cul-de-sac. "Garrett," she said, "I got a letter says I owe these people $1,900."
"I know," I said, "don't pay it." I wasn't going to pay it. I called them up and told the woman on the phone that she could take her invoice and Delores used a phrase here that I'll leave to your imagination, but it involved agricultural metaphors that were impressively creative. This changed things because now it wasn't just me, Pamela Durst or her property management company Ridgemark Solutions was billing multiple properties outside the subdivision's actual recorded boundaries. That's not a billing error, that's a pattern. And patterns have legal names. I did something I probably should have done earlier. I went to the Kerr County Clerk's office in Kerrville and pulled every recorded document associated with Ridgeland Estates and the Ridgeland Estates Homeowners Association. This is public record, anyone can do it. You walk in, you ask for the index, you pay your copying fees and you walk out with paper. What I found was a declaration of covenants, conditions and restrictions filed in September 2020 covering exactly 64 lots within a specific meets and bounds legal description. The described boundary ended at a survey line that was, I measured it later, 847 feet from my north fence. My property was not in it.
Delores Wicker's property was not in it.
As far as I could tell by cross-referencing the parcel numbers, 11 properties had been receiving HOA invoices that had zero legal connection to the filed CC&Rs.
I called Fletcher.
"Fletcher," I said, "this isn't a mistake."
"No," he said, "it doesn't look like one." Here's the thing about HOAs that most people don't know and that Pamela Durst apparently was banking on most people not knowing. An HOA's authority is entirely derived from recorded documents. There is no other source.
They are not a government. They have no inherent power. Every fine, every due, every lien they issue must trace back to a recorded instrument that is legally connected to the property in question.
If that chain doesn't exist, the lien is void. The fine is void. The entire structure collapses. Takeaway: Pull your HOAs' CC&Rs from the county recorder's office, usually available online for free. If your parcel number isn't listed in the legal description, they have no authority over you, period. But here's where Pamela made her second major mistake. She escalated instead of retreating. In early June, we received notice all 11 affected properties that the HOA had engaged a collection attorney named Griswold Tharpe to pursue the outstanding dues. The letter from Tharpe's office was the professional-sounding kind, full of references to contractual obligations and statutory remedies, clearly designed to frighten people into paying. It almost worked on a couple of folks. I heard from a retired school teacher named Raymond Bost who owned 12 acres adjacent to Delores that he had nearly written a check just to make the headache stop. Raymond, I said, don't write that check. I don't want to lean on my land, Garrett. You won't have one because any lien they file on your property, a property that isn't subject to their CC&Rs, is what's called a fraudulent lien. And in Texas, filing a fraudulent lien is a third-degree felony.
Raymond did not write the check. I added his name to my legal pad under a new heading, Allies, July. The kind of Texas July where the air itself seems to have weight pressing down on everything with a humid insistence that makes even the cedar trees look tired. The cattle moved slow. The mockingbirds, usually inexhaustible, went quiet in the afternoon. And Pamela Durst filed liens.
Not on my property, she'd been warned off that by Tharp, apparently, who had enough professional sense to recognize that the legal description problem made my parcel a minefield. But she filed on two of the 11 Raymond Bost's 12 acres and a 40-acre tract owned by a man named Cole Ditmar, who'd inherited his land from his uncle and had been too busy running his welding business to respond to any of the HOA mail. This was the move that made everything real because a lien, even a fraudulent one, shows up on a title search. If Cole Ditmar ever tried to sell that 40 acres or refinance it or pass it to his kids, that lien would surface. It would have to be dealt with. It would cost him attorney's fees, time, stress. And the whole cynical calculation behind it was this: Make it painful enough to fight that people just pay. I drove out to Cole's shop, a corrugated metal building off Highway 27 that smelled of acetylene and iron oxide walls hung with welding masks and cattle brands and a deer mount that Cole had done himself and explained the situation. Cole is a quiet man, the kind of quiet that means he's listening carefully rather than having nothing to say. He listened. Then he asked one question. What do we need to do? First, I said, you need to file a motion to release the lien. Fletcher can handle that. Second, I need to know if you're willing to be part of something bigger.
He was willing. By this point, I had spoken with nine of the 11 affected property owners. All nine were on board.
The holdouts were an elderly couple named the Vandenbergs who had paid the first year's dues without realizing they weren't obligated and who were so distressed by the whole situation that I decided to leave them alone until things resolved. Meanwhile, I had done something that I want to explain carefully because it's a legitimate legal tool that most people have never heard of and that turned out to be the foundation of everything. I filed for pre-litigation discovery under Texas Rule of Civil Procedure 202. Rule 202 allows a potential plaintiff to take depositions and obtain documents before a lawsuit is even filed for the purpose of investigating a potential claim. In plain terms, before I sued anybody, I could legally force the HOA to produce their records.
Takeaway. Texas Rule 202 and similar pre-suit discovery rules in many states let you legally compel document production before you even file a lawsuit. Powerful for investigating fraud before going to court. My Rule 202 petition asked for the production of all HOA meeting minutes from 2020 to present, all resolutions expanding the claimed management district, all financial records showing dues collected from non-member properties, and all communications between the board and Ridgemark Solutions regarding the 11 properties. The petition was granted by a Kerr County District Court Judge in late July. Pamela Durst's attorney, not Tharp, a different one she'd hired for this, a man named Devereux Platt out of San Antonio, filed a motion to quash. He argued the petition was overbroad and constituted harassment. The judge denied the motion in about four sentences. We got the documents, and I want to tell you I sat at my kitchen table on a Wednesday night in August with a glass of iced tea going warm beside me and the ceiling fan turning slow overhead, and I read those documents for 2 and 1/2 hours. And by the end of that reading, what had started as a property dispute had become something considerably more serious. The HOA board minutes from November 2022 contained a resolution passed 3 to 2 with two board members dissenting to extend assessment district boundaries to include adjacent rural parcels as defined in the attached exhibit. The attached exhibit was a hand-drawn map on graph paper that someone had photocopied. It bore no survey data, no legal descriptions, no parcel numbers. It was literally a hand-drawn map. They had extended their claim jurisdiction with a crayon and graph paper map. They had then billed 11 families on the basis of that map. And then they had filed liens when those families didn't pay. I looked at that graph paper for a long time. Then I picked up my phone and called Fletcher.
"Fletcher," I said, "I think we have a RICO problem." There was a pause. "Tell me what you found," he said. Here's what Fletcher said when I finished reading him the relevant minutes. "Garrett RICO is a federal statute and it's a high bar, but what you've described is almost certainly civil conspiracy fraud, and in Texas, given the lien filings, potentially a criminal matter for the county DA. And there's something else."
He paused. Fletcher's pauses always mean he's about to say something that changes the shape of the room. "In those financial records, did you see the line items for district administration fees charged to Ridgemark Solutions?" I flipped back through the pages. There it was, a quarterly charge of $3,200 described as district administration extended service area. "What am I looking at? I asked. Ridgemark Solutions, Fletcher said, is the property management company the HOA contracts with. They handle billing, collections, enforcement. They also, it turns out, have a financial interest in the volume of properties they're billing. The more properties they manage, the higher their fee. The picture sharpened. Pamela Durst had proposed the boundary expansion. The board had passed it barely. Ridgemark Solutions had implemented it billing 11 families who had no legal obligation to pay. Ridgemark was collecting administrative fees on each of those accounts. Tharp, the collections attorney, was presumably on retainer or contingency. The whole system was a machine for extracting money from people who didn't know they had the right to say no. But it went deeper than that. In the financial records, buried in a spreadsheet tab labeled Reserves General, I found a transfer. $14,750 moved from the HOA's operating account to a private LLC called Durst Family Investments in October 2022, 1 month before the boundary expansion vote. The memo line read Consulting Services, Pamela Durst, Durst Family Investments.
The vote she'd let expanding the HOA's jurisdiction, which expanded Ridgemark's billing territory, which generated new revenue, a portion of which found its way through a consulting payment to her own LLC. That is not sloppy administration. That is self-dealing.
And self-dealing by an HOA officer is a breach of fiduciary duty, which is a civil cause of action. If the amount is large enough and the intent is clear enough, it can also constitute fraud.
Takeaway: HOA board members have a fiduciary duty to the association and cannot use their position to financially benefit themselves personally.
Self-dealing transactions are grounds for removal and civil liability in every state. I sat back in my chair and listened to the ceiling fan for a minute. The land outside was dark, the kind of deep hill country dark that only exists when you're far enough from town that the sky actually works. I could hear the cattle shifting in the near pasture, a low, soft sound like someone turning over in their sleep. 42 acres, my grandfather's land, my father's land, my land. And this woman, this woman with her laminated invoices and her color-coded binder, had sat in a board meeting and voted to reach across the fence line and take money from people like me, like Dolores, like Raymond Bost and Cole Dittmar, because she had calculated correctly that most people wouldn't fight back. Most people.
I picked up the phone and called the nine other property owners.
"We're not just defending anymore," I told each of them. "We're going on offense." There's a particular kind of satisfaction in having a plan that you know is going to work. It's not the loud kind of satisfaction. It's quiet. It sits in your chest like a warm stone.
You go about your business, feeding cattle, running hay, fixing the south gate latch that's been sticking since February, and underneath all of it, the plan is just there, patient ticking.
Here's what we built. Fletcher filed a civil lawsuit in Kerr County District Court, naming the Ridgeline Estates HOA, the board's three voting members, including Pamela Durst, and Ridgemark Solutions as defendants. The causes of action were fraud, breach of fiduciary duty, civil conspiracy, and under Texas Property Code Section 12.002, fraudulent lien filing, which carries statutory damages of $10,000 per lien, plus attorney's fees. Takeaway: Texas Property Code Section 12.002 makes filing a fraudulent lien a civil cause of action with $10,000 in statutory damages per lien, no actual damages required. Many states have similar fraudulent lien statutes. While the lawsuit was filed, we executed a parallel strategy that Fletcher called document flooding.
We filed formal complaints with the Texas Real Estate Commission, which licenses property management companies.
Ridge Mark's license was suddenly very relevant. The Kerr County District Attorney's Office, attaching the lien filings and the self-dealing transfer documentation, and the State Attorney General's Consumer Protection Division, which investigates fraudulent debt collection. None of these complaints required us to win anything in court first. They just required filing, which generated investigation timelines, which meant subpoenas, which meant people had to start answering questions under oath.
I want to explain the physical piece, too, because it matters for what happened later. I had 12 years of certified mail records, return receipts, time-stamped photos, and handwritten legal pad notes. Every interaction with the HOA documented. Every letter sent and received. Every attempt at inspection noted with date, time, and witnesses. This documentation became a physical exhibit binder. Fletcher's paralegal organized it into tabbed sections. And when opposing counsel got a look at it during discovery, something interesting happened. Devereux Platt, Pamela's San Antonio attorney, filed a motion for summary judgment. Standard move. Try to get the case thrown out before trial. His argument was essentially that the HOA had made an administrative error and corrected it.
They had quietly retracted the lien on Raymond Boss's property after the lawsuit was filed, and that no damages had actually occurred. Fletcher's response brief was, and I am not exaggerating, a pleasure to read. It pointed out that the liens had not been retracted before causing actual title search complications. The self-dealing transfer predated the lawsuit and therefore the correction was not a good faith error correction, but damage control. And that Raymond Bost had paid $450 to a title company to document the lien's impact on a pending property transaction that had subsequently fallen through.
The motion for summary judgment was denied. Meanwhile, and this is the part I enjoyed the most personally, we started talking to the neighbors inside Ridgeline Estates. Not all 64 homeowners were Pamela Durst fans, not by a long way. Three board members had voted against the boundary expansion. Two of them, a retired civil engineer named Harlan Pruitt, no relation to the old grazing family, and a school teacher named Bethany Colgrove, had been quietly furious about it ever since and were thrilled to discover someone was actually fighting back. Harlan had kept his own notes. He had emails from Pamela directing Ridgemark to accelerate collections on the rural accounts. He had a chain of messages showing that the board had never been shown legal counsel's opinion before the boundary vote because no legal counsel had been sought. Pamela had simply declared that the expansion was consistent with established HOA practice and called for a vote. Harlan and Bethany agreed to provide affidavits. I also called a local reporter, a woman named Claudette Prime, who writes for the Kerrville Mountain Sun and has the rare quality of being both thorough and genuinely annoyed by injustice. I didn't give her anything she couldn't verify herself from public records. I just pointed her at the county clerk's filings and the court records and said, "There might be a story here." She found the story.
Claudette published a piece in late September headlined, "Ridgeline Estates HOA Faces Fraud Claims After Billing Non-Members." It ran on a Friday. By Monday morning, the Mountain Sun's Facebook post had 847 shares and 73 comments, many of them from Ridgeline Estates residents who were furious they'd never been told about any of this. Pamela one was told did not have a good weekend. Good. When people are cornered and frightened, they make one of two decisions. They get reasonable, or they get dangerous. Pamela Durst got dangerous. Within two weeks of the Mountain Sun article, she had done three things. First, she called an emergency HOA board meeting and pushed through a resolution hiring a PR firm at HOA expense. Meaning Ridgeline residents dues money to manage communications about the lawsuit. This firm sent a letter to all 64 homeowners describing the lawsuit as an opportunistic legal action by a small group of neighboring landowners attempting to destabilize our community. It referred to me by implication as someone with financial motivations to undermine Ridgeline's property values. I have 42 acres of red clay ranch land and a 20-year-old diesel pickup. My financial motivations were at that point primarily centered on getting my tractors PTO shaft repaired before hay season. Second, she contacted Kerr County Commissioner Randall Whitley, a man who has been getting his photograph taken at ribbon cuttings since 1999, and apparently suggested that the lawsuit was part of a broader effort by agricultural interests to block residential development in the county. I have no idea what she expected Whitley to do about that. He apparently nodded and offered her a brochure about the county's economic development plan, which is Randall Whitley's solution to most problems. Third, and this is where she got genuinely reckless. Someone filed an anonymous complaint with the Texas Commission on Environmental Quality claiming that my ranch was causing water quality violations in the Guadalupe River. The complaint alleged that my cattle operation was producing runoff into the river without proper permits. My cattle operation has a TCEQ approved water quality management plan that I filed in 2011 and have renewed every 5 years. My property has a vegetated buffer strip along the full length of river frontage. I have never had a violation notice in 32 years of ranching. The TCEQ investigator who came out in October was a young man named Prior who drove a state truck and wore new boots that he clearly wasn't used to walking in. He spent 2 hours on my property. He looked at my buffer strips.
He reviewed my WQMP documentation. He tested the water at three points along my river frontage. Then he wrote his report which found zero violations and noted that the buffer vegetation was exceptional for the watershed type. I kept that report. I added it to the exhibit binder, but I also quietly, carefully hired a process server. I wanted to know who had filed the anonymous TCEQ complaint. Anonymous complaints are still public record requests. TCEQ doesn't release the complainant's identity automatically, but the internal communications are subject to open records law with a delay. I filed my request in October and set a calendar reminder for 60 days out.
While I waited, I dealt with the escalating pressure in the only way that actually works, by continuing to document, continuing to prepare, and not letting it show. This is the thing about people like Pamela Durst that I want you to understand. They count on you getting emotional. They count on you making noise, making threats, saying things in anger that can be used against you. The strategy is to make you react so that they can claim they're the victim. I did not react. I responded in writing through counsel to every action she took. I kept feeding my cattle at 5:00 in the morning. I fixed the south gate latch. I drank bad coffee and watched the hill country dark, and I waited.
Delores Wicker called me one evening in October just to check in. She's not much for phone calls, Delores. She prefers to appear in person with a Tupperware container of something she's baked, which is her version of emotional support. You doing all right, Garrett?
she asked. I'm doing fine, Delores.
They're not going to break you. They were never going to break me, I said.
They just don't know it yet. She laughed. Delores has a laugh like a screen door in a windstorm, sudden, a little rattling, fundamentally warm.
All right, then, she said. You call me when it's time. You'll be the first call I make, I told her. The TCEQ open records request came back in December.
The complaint had been filed by a Ridgeland Estates resident using a Gmail account created the same week the Mountain Sun article ran. The account name was a string of numbers, but in the complaint forms complainant employer field, someone had typed out of apparent habit Ridgeland Estates HOA. I added it to the binder. January. Cold the way the Hill Country gets cold, not the bone-deep cold of the Northern Plains, but a damp, cutting cold that comes off the Guadalupe at night and makes the cedar smell like something ancient and mineral. My breath fogged in the early mornings. The cattle were placid and fat on winter hay. Biscuit slept closer to the wood stove than usual. The lawsuit had been proceeding through discovery, and the document production from the defendant's side had been, to put it charitably, reluctant. Fletcher's team had filed two motions to compel when Ridgemark Solutions claimed their internal financial records were, proprietary.
The judge had granted both. When the records finally arrived in three cardboard boxes that smelled of a printer that had been worked very hard, they contained something neither of us had anticipated. Ridgemark Solutions had been billing the 11 non-member properties since January 2023. Total collected across all 11 was $23,480.
Of that amount, $11,200 had been transferred to the HOA's operating account. The remaining $12,280 had been retained by Ridgemark as administrative fees under a provision in their management contract that allowed them to keep up to 52% of dues collected from extended district accounts.
Extended district accounts. That phrase was in Ridgemark's standard contract, meaning Ridgemark had a template for this. Meaning, this was not the first time Ridgemark had expanded an HOA's claimed jurisdiction without legal basis and retained half the proceeds. Fletcher called me with this information on a Tuesday afternoon while I was re-stacking hay bales in the north barn.
The barn smells in winter like dry grass and old wood and something faintly sweet that I've never been able to identify.
I put my phone on speaker and propped it on a bale.
"Fletcher," I said, "are you telling me Ridgemark has done this before?" "Their contract template strongly suggests they have a standard practice," he said.
"I've already called two colleagues in other counties. One in Hays County has a client with a similar situation. One in Comal County may have one, too."
This was now larger than Kerr County.
This was potentially a statewide pattern of fraud. Fletcher contacted the Texas Attorney General's Consumer Protection Division directly, not just a complaint, but a formal communication flagging the potential scope. The AG's office, I was told, later opened a civil investigative demand against Ridgemark Solutions within 3 weeks. Meanwhile, Devereux Platt made his final significant legal move. He filed a motion to dismiss the self-dealing claims against Pamela personally, arguing that she had acted in her capacity as a board member and was therefore shielded by the HOA's corporate structure. It was a legitimate legal argument. Corporate officers often have immunity for business decisions made in good faith, but Fletcher had anticipated this. The self-dealing transfer to Durst Family Investments had occurred before the boundary expansion vote. Pamela had voted to expand the district, which would generate revenue, and then 1 month before the vote had transferred funds to her own LLC, labeled as consulting fees, for a project that no board resolution had authorized. That sequencing mattered. It suggested that the transfer was not a good faith business decision, but a self-dealing transaction made in anticipation of the scheme's profits.
The immunity argument failed. On the community front, things had shifted inside Ridgeline Estates in ways I found quietly satisfying. Two dozen homeowners had shown up to the HOA's January meeting, demanding financial transparency. Harlan Pruitt and Bethany Colegrove had formally requested a special election to recall Pamela from the board. The recall petition required signatures from 30% of homeowners. They gathered 47%.
The special election was scheduled for late February, but I didn't want the story to end at a board recall. I wanted the moment where everything became undeniable and public, in front of witnesses documented, where Pamela Durst had to stand in a room full of people and account for what she'd done.
Fletcher and I had been working on something for 2 months, a simple, legal, devastating trap. It centered on a requirement in the Ridgeline Estates CC&Rs 1 that Pamela had apparently forgotten existed. Probably because she'd never read the document she governed by, that required any district boundary modification to be approved by a 2/3 supermajority of all HOA members, not just the board. The board vote had been 3 to 2, three board members, not 2/3 of 64 homeowners. The boundary expansion had never been validly adopted. Every dues notice, every lien, every collections letter sent to the 11 properties, all of it, rested on a vote that violated the HOA's own governing documents. We were going to prove this in public at the annual HOA meeting in February and we were going to bring witnesses. The Ridgeline Estates annual HOA meeting was held on the second Thursday of February at the Kerrville Moose Lodge, a low building off Water Street that smells of industrial carpet cleaner and 50 years of covered dish dinners. They'd booked the main hall room for about 150 with folding chairs and a plywood podium at the front and fluorescent lights that made everyone look like they were operating on three hours of sleep. There were 212 people in that room. The extra 60-something were not Ridgeline residents. They were the nine other affected property owners, several of their family members, Claudette Pruitt from the Mountain Sun with a notebook and a recording device, a representative from the Texas Attorney General's Consumer Protection Office.
She introduced herself only as from the AG's office and sat in the back row. Two Kerr County Sheriff's deputies who had been requested by Fletcher as a precautionary measure. And Dolores Wicker, who was 71 years old and had driven herself in a 2004 F250 that she refers to as Old Brutus and who was wearing her good boots. Pamela opened the meeting. She was controlled, I'll give her that. She dressed carefully.
She had her binder. She had a presentation on a laptop connected to a projector. The first 20 minutes were routine. Treasurer's report, maintenance updates, landscaping contract renewal.
Then she opened the floor for general business. Harlan Pruitt raised his hand.
"I'd like to raise the matter of the boundary expansion resolution passed in November 2022," he said loud and clear.
Pamela's jaw tightened just barely.
"That matter is currently subject to litigation and it's also subject to our CC&Rs," Harlan said. "Specifically Article 7 Section 3, which requires a 2/3 member vote for any district boundary modification. Would you like me to read it aloud? He didn't wait for her answer. He read it, all of it, in the voice of a man who had been a civil engineer for 35 years and knew how to speak in a way that made technical language sound like the simplest thing in the world. The room was completely quiet. Fletcher, sitting in the third row, stood up. He had a document in his hand. He identified himself for the record. "I filed with this HOA's registered agent a formal demand for rescission of the November 2022 boundary resolution on the grounds that it lacked the required member vote. I'm also presenting for the record the affidavit of Harland Pruitt and Bethany Colgrove attesting that no member vote was ever called. And I'm presenting the financial records obtained through pre-litigation discovery showing that $23,480 was collected from non-member properties, of which $12,280 was retained by Ridgemark Solutions, and $11,200 deposited to the HOA's operating account, from which $14,750 was transferred to Durst Family Investments in October 2022, 1 month before the boundary vote." He placed a copy on the table in front of Pamela. He handed copies to the two deputies. He handed one to Claudette Prime. The room made a sound, not a shout, not a gasp, something more like a collective exhale. The sound of 64 homeowners realizing that their dues money had been used in ways they had never authorized. Pamela said, "These are allegations." "These are bank records," Fletcher said pleasantly, "produced under court order." Devereux Platt, sitting beside her, put a hand on her arm. He leaned in and said something. She went very still. Cole Dittmar, sitting in the row beside me, stood up without being asked. "My name's Cole Dittmar," he said. "I have a lien on my 40 acres because of this expansion. I never signed a CC&R. I never attended an HOA meeting. I never lived in this subdivision. I want to know who's going to fix that. Raymond Boss stood up. I lost a property transaction because of that lien. The buyer walked when it showed up in the title search.
Dolores stood up. She didn't say anything for a moment. She just stood there, 71 years old in her good boots, and looked at Pamela Durst. My family's ranched that land for 50 years, she said finally. And you sent me an invoice.
The silence after that was the loudest thing in the room. The AG's representative made her way to the front. She handed Pamela a civil investigative demand from the Attorney General of Texas, requiring the production of all HOA and Ridge Mark financial records within 30 days. Pamela Durst sat down. The recall vote held that same night passed 51 to 6.
Claudette Prine's article ran the next morning. By the weekend, it had been picked up by the San Antonio Express News, and a legal affairs newsletter out of Austin that covers HOA issues statewide. My phone rang for 4 days. I let most of the calls go to voicemail. I had cattle to feed. Here's how it ended.
The civil lawsuit settled 8 months later.
Ridge Mark Solutions, facing the AG's civil investigative demand and parallel investigations in Hays and Comal counties, agreed to a settlement that included full refund of all dues collected from non-member properties with interest, $27,340 total across 11 families, a $50,000 civil penalty paid to the Texas AG's Consumer Protection Fund, and the surrender of Ridge Mark's property management license in Texas. The Ridge Line Estates HOA, under new leadership, Harlan Pruitt as president, Bethany Colegrove as treasurer, separately agreed to pay $18,500 in attorney's fees to the affected property owners, and to formally record a corrected district boundary document with the Kerr County Clerk that matched the original 2020 CC&Rs.
Every fraudulent lien was released.
Every cloud on every title was cleared.
Cole Ditmar got his land back clean.
Raymond Bost found a new buyer. Delores Wicker received a check for $2,190.
Her first year's dues plus interest plus her share of the attorney fee reimbursement. And she sent me a Tupperware container of lemon bars by way of acknowledgement. They were very good lemon bars. Pamela Durst resigned before the recall vote made it official.
Devereux Platt negotiated a resolution of the personal claims against her that involved a payment I'm not able to disclose under the settlement's confidentiality clause. But I can tell you that Durst Family Investments was dissolved with the Texas Secretary of State's office in March. She sold her Ridgeline Estates home in April, and as far as I know, moved back to the Houston area. I wish her nothing. I also don't think about her very much. The criminal matter, the fraudulent lien filings, was reviewed by the Kerr County DA's office.
The DA declined to prosecute, citing the civil resolution and the absence of a prior record. Fletcher thought we might get more. I don't lose sleep over it.
The DA makes that call, not me. Here's what I do think about. The 11 families who almost paid because they didn't know they had the right to say no. Raymond Bost, who nearly wrote a check to make the headache stop. The Vandenbergs, the elderly couple who had already paid a full year's worth of dues they never owed. They got their money back, but they'd spent months frightened, and no settlement check covers that cost completely, which is why Harlan Pruitt, with the backing of the reconstituted HOA board and several of the affected property owners, including me, established the Kerr County Rural Property Rights Fund in the fall. It's a modest thing, a pooled fund administered through the local bar association to help rural landowners pay for initial legal consultations when they receive questionable HOA or assessment district notices.
Seed money came from a portion of the settlement proceeds. The goal for year one is to fund 50 consultations. The fund held its first public information session at the Moose Lodge in November.
Same room, same fluorescent lights, and 43 people showed up. Harlan presented, Fletcher presented. I sat in the back and drank coffee from a Styrofoam cup and watched people learn that they had rights they hadn't known about, and that those rights are worth defending. That's the warm stone feeling. That's what this was actually about. My grandfather Olan bought those 42 acres because he believed that what a man could stand on was what he could call his own. He wasn't a complicated person. He raised goats and paid cash and kept his receipts, and he expected the world to be basically honest. He wasn't always right about that last part. But his receipt is still hanging in my kitchen, brown at the edges, written in a hand expecting someone to check his math.
Somebody checked. If you've ever dealt with an HOA overstepping its boundaries or a neighborhood association, a management company, a petty local authority of any kind, drop your story in the comments. I read every one, and if you know someone who's being squeezed by a system they don't know they can fight back against, share this video with them. It might be the thing they needed to see. Subscribe if you want to hear what happened when we looked into whether Ridgemark had done this in a third county. That story is something.
Take care of your land. Take care of your neighbors, and keep your receipts.
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