Judge rules against HOA on Missouri family's purple swing set

Judge rules against HOA on Missouri family's purple swing set

The Stouts' purple swing set can stay.

As we reported recently, a Missouri homeowners association took one of its families to court — even raising the specter of a possible "daily fine or jail time" — over a backyard swing set that the family had stained purple (a color we're rather partial to, here at Yahoo).

This was after the HOA tried to fine the Stouts for the swing set — and suffered defeat at the hands of its own appeals committee when the family asked the panel to reconsider the fine. Jackson County Circuit Court Judge Jennifer M. Phillips referred to that defeat in ruling against the Raintree Lake Property Owners Association on Friday.

(Click here or on a photo to see the ruling and other documents associated with the case.)

The judge denied the HOA's petition, its request for fines and its request for attorney fees.

A cake to celebrate. Click photo for slideshow with more pictures and documents.
A cake to celebrate. Click photo for slideshow with more pictures and documents.

She also denied the Stouts' request for attorney fees. The Stouts have received some help — about $4,000 worth at the time of this writing — via a Go Fund Me legal defense fund. Donors have included other members of the Raintree HOA and simple supporters. Here are some of the donors' comments:

• "Not only do I hope you win the lawsuit, but I also hope your case changes laws regarding HOAs. Homeowners need to take their power back."

• From a neighbor who belongs to the Raintree association: "Our HOA has gotten out of control and this frivolous suit is infuriating and a waste of our dues. Wish I could help more!"

• "This HOA is making all of the Lee's Summit community look ridiculous. The City of Lee's Summit has worked so hard to make this community a great place to live and for businesses to prosper. It's really a shame they are making the national media following the story and troubles in Ferguson, MO. ... It's embarrassing to even those that live elsewhere. Take a stand and stop the harassment of this family and neighborhood!"

• "Never give in to bullies. Fight the good fight!"

• From a $10 donor: "This is for the kids. I don't have much but hope they know there are some adults in this world that are nice people. Go Stout Family!"

• "I have also been the victim of HOA Board harassment, they rule without any regulatory oversight which leaves us all at their uncaring mercy. Take them down for all of us. Good Luck my friend."

• "I absolutely hate small minded people hurting others to make themselves feel important."

• "I like the idea of painting the HOA office purple so it's easier to find."

The judge ruled against the HOA because it sought an injunction that is supposed to be "an extraordinary and harsh remedy" to "irreparable harm."

"There was no evidence presented to this Court," she wrote, "that Plaintiff Raintree Lake will or has suffered irreparable harm as a result of the erection and/or color of the swing set."

Marla Stout tells Yahoo Homes that she is trying to get a transcript of the court testimony, because her family feels that "all residents need to read what their money paid for." If Yahoo Homes can update this post with that transcript, we will.

There's no indication whether the HOA will appeal the judge's decision, though it's free to do so.

Click here or on a photo to see the ruling and other documents associated with the case.

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