Home business owners sue Vista Oaks HOA

Couple who run child care business claim association is trying to shut them down.

A Williamson County couple has filed suit against their homeowners association, claiming it is trying to shut down their home-based business for deed violations when others in the neighborhood also operate home-based businesses — including HOA board members.

Russell and Sandra Perry live in Vista Oaks, a community just south of Southwest Williamson County Regional Park on RM 1431. The couple, who operate a state-licensed child care business, Perrywinkle Day Home, filed suit in district court against the Vista Oaks Owners Association, said David Attwood, an attorney whose firm is representing the Perrys.

The lawsuit alleges the Vista Oaks HOA board has singled out the Perrys and is selectively enforcing community deed restrictions that prohibit the operation of a home business of any type, profit or nonprofit. The community’s Facebook page lists numerous home-based businesses operating in Vista Oaks, including home business operations for four current and past board members, according to the lawsuit.

The lawsuit alleges three HOA board members and a former board member are operating home businesses in Vista Oaks.

Sandra Perry said she is in fear of her HOA and that “if I were an attorney working from home, I wouldn’t have been picked” for violating the deed restrictions.

“It’s white collar jobs versus blue collar jobs,” she said.

The HOA notified the Perrys in June they had to close their home business. The Perrys, who have lived in the neighborhood 17 years and have operated their home business for more than four years, said they had to close their business or face daily fines of up to $200.

The Perrys said they provide day care for four children, including the couple’s grandchild, and provide muchneeded income for the family.

The lawsuit states more than a hundred home businesses have operated in Vista Oaks during the past decade, and the HOA took no action to close them until seeking enforcement against the Perrys.

The lawsuit argues that the board waived its right to enforce a deed restriction banning home businesses long ago because it failed to enforce it against other home businesses in Vista Oaks.

In August, the HOA board notified Dianna Sells she had to shut down her business or face fines. For two years, Sells and her husband operated a crate-free dog boarding business in their Vista Oaks home.

She said instead of contesting the HOA she chose to shut it down Aug. 23.

“We felt the cards were stacked against us,” Sells said.

Alex Valdes, an attorney representing the Vista Oaks homeowners association, said he needed additional time before commenting about the lawsuit. An HOA staff member also declined to comment.

The lawsuit seeks a declaratory judgment that the HOA waive the deed restriction banning home businesses, that the HOA is harassing the Perrys and that the Perrys can continue to operate their home business.

The lawsuit also seeks to have the HOA pay the Perrys’ legal expenses in the matter.