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Frisco HOA drops libel lawsuit against 3 homeowners
By Ann Marie Shambaugh, Staff Writer
The Frisco Fairways Homeowners Association reached a settlement agreement last week with three residents it sued in February for libel, slander, and defamation.
The HOA filed the lawsuit after residents David Doumani, Doug Macari, and David Snell posted comments on an the HOA’s Web site and another public forum about not being allowed to attend a board meeting to question a decision on which kinds of plants may be used to screen air conditioner units.
The agreement restores Macari and Snell’s access to the HOA Web site and ensures that the defendants have all information and materials needed to participate in the HOA’s annual meeting on May 21. Doumani’s access was never removed.
Snell said that he was glad that the lawsuit was settled out of court.
“This has done nothing but bring bad press and negativity to our community,” he said Wednesday.
The agreement states that neither party may reinstitute the litigation in the future.
“It’s resolved once and for all,” Payne said.
Both sides also agreed to pay their court costs, and neither side is allowed to claim that they “won” the case.
The agreement also states that it must be posted on the HOA’s Web site, www.FriscoFairways.org, for not less than 30 days.
At a temporary injunction court hearing at the Denton County District Court on April 9, Judge Vicki Isaacks set a trial date for Oct. 7, but with the settlement agreement a jury will not have to decide if the defendant’s online comments were libelous.
Although the slander allegations are behind him, Snell said that his original issue with the plant selection to screen air conditioner units has not been addressed. He plans to speak about the issue at the HOA’s annual meeting.
He also said that he will vote for three new board members to fill positions on the HOA board that will be up for a vote on May 21, although he does not plan to seek a seat.
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