What Has Really Been Going on in Farragut? Part 7--The Battle in Brixworth HOA
I have unfortunately had to file a lawsuit against my HOA. Below I will discuss what has gone on in my battles with them.
I have spent well over $10,000 in my lawsuit about our community access being unlawfully taken away. Under the law when I win, Brixworth will be responsible for these fees. Every homeowner in Brixworth should be concerned about receiving a bill for these expenses.
Before continuing, please read if you have not What Has Really Been Going on in Farragut? Part 1.
One of the most disappointing parts of this process is the behavior of people I unfortunately have to live with. The worst of the worst is Brixworth HOA President Kirk Swor. Notable bad actors are Maury Ford, Julie Ford, and David Rea.
Back in late 2022, I saw HOA President Kirk Swor a few houses away over someone complaining about someone’s grass being too tall. In our discussion, I notified him that I would be putting up yard art. He encouraged me. I would bet that Kirk has not told people he said this. Privately, he cheered me taking action to stop the abuses in Farragut. Guess he never meant it.
Ask yourself while reading this: why did I put this display up?
In May 2023, Kirk contacted me and demanded I remove my yard display shown below.
I requested in writing all of the Covenants and Restrictions (C&Rs). He refused to provide them. My copy was incomplete and did not match his copy. It is customary when in a business relationship (like this) if you accuse someone of breach of an agreement to provide them a copy of the agreement. This is done to make sure both parties are looking at the same document. I eventually received it after my lawyer demanded it.
I received this letter I believe on June 8, 2023. Substack does not have the ability to post PDFs, so you will see screenshots. Ask yourself when reading this:
Is this professional?
Is this respectful?
There are a number of problems with this letter.
First, all owners in an HOA have due process rights which include a hearing before their property rights are taken away. I was never offered one. I have asked for one repeatedly and been ignored.
I paid the dues for 2023 on time and lost access to the pool, clubhouse, and the courts for the entire summer of 2023. As of writing, we still do not have access.
One of the most insulting things done is the pass was reactivated Father’s Day weekend and I was never notified. Remember, each homeowner is a partial owner of an HOA. Do you find this as an acceptable way to treat people you are in business with?
My lawyer discovered the board did not keep up the corporation that protects individual homeowners. This is a potentially huge liability issue. It was corrected and up to date as of 2023. I felt it a good idea to invoke my right to review the actions of the Brixworth Board.
I requested board minutes, records of complaints and actions taken, and the like. Any owner of a corporation should check to make sure the board is doing what it is required to. At this time, I cannot confirm that the board is doing what it is legally required to. To this day, I have received nothing.
To my knowledge, I am the only person who the board has cancelled the pool pass for.
Then came the below mentioned Facebook post later in the summer of 2023:
Note here that Kirk mentions the C&R’s requirement on trash cans. Brixworth Treasurer Maury Ford, who is tasked to enforce the rules, has a history of leaving his trash cans outside.
The last part of the post is typical of Kirk’s unprofessional conduct. If you talk to him, he will tell you to work out issues with neighbors privately. He decided to attempt to publicly take me to task.
I sent Kirk Swor an email on August 26, 2023. Below is the content of the email.
This post forced me to go public with my numerous health issues. This should have been handled privately via email. Kirk’s post was unnecessary.
Here is the second part of HOA President Kirk Swor’s post”
Ask yourself this: is it fair that HOA President Kirk Swor posts this when I have no ability to see it or respond? This is a private group for Brixworth residents. My guess is over half of the neighborhood saw this.
You can read what really happened at the Kangaroo Court in Farragut here. The judge is illegally seated, and the town attorney admitted in the court that I did not violate the ordinance I was summoned on. This was a rigged court that Stalin would be proud of. I was granted an appeal to County Court. My attorney moved the case to federal court. The corrupt Judge Jerome Melson and corrupt Farragut Town Attorney Tom Hale held the hearing anyway, without my attorney nor I present.
Below is the second display that Brixworth HOA President Kirk Swor referenced.
Notice his comments stating I am being selfish?
There is a very good reason for it. The short version is I had spent 2 years being lied about by Farragut Mayor Ron Williams and Aldermen Louise Povlin and Scott Meyer, and their social media attack dogs. I have documented some of the abuses here.
After years of abuse and no recourse, the only means to force this issue was to put up on my front yard what I did. It sure got a lot of people’s attention.
HOA President Kirk Swor stated that I threatened the Brixworth HOA, him personally, and his family with a lawsuit. An HOA taking away someone’s property rights without affording required due process is lawful grounds to file a lawsuit.
His comments about me demanding $5,000 was part of a confidential settlement negotiation and HOA President Kirk Swor had no right to release that. The offer was made to avoid expensive litigation, which has not been avoided.
Have you noticed that the Brixworth Board, including Kirk Swor have repeatedly failed to act in good faith?
What is amazing is how people are angry for the display I posted. You know what these people are not angry about?
Below is a copy of a letter I received threatening my life and the safety of my children.
Or how about former Town of Farragut IT Director Joe LaCroix posting a photo of my license plate on Next Door?
Or how about Farragut Alderman Louise Povlin stating her husband needs a gun because I make her feel unsafe? I have never been within 10 feet of her nor ever spoken to her personally.
People are angry at a display of three terrible elected officials who abuse and terrorize their political opponents.
You know what all these people who complained about me to Kirk are not angry about?
What has really been going on in Farragut
Schools are overcrowded, roads are above peak traffic capacity, and worst of all the town has been allowing subsidized housing with apartments all over the town.
From my lawsuit:
—Kirk Swor and the Brixworth Board colluded with elected officials in the Town of Farragut, with Alderman Louise Povlin likely leading the charge.
—They worked in concert to punish me for speaking out against what has been going on in town. This is called First Amendment retaliation.
—The Town of Farragut has been approving high density apartments that have subsidized units in them (Biddle Farms is one example). I had no idea how deep the problems were until a few months ago. Farragut Mayor Ron Williams and Alderman Louise Povlin want to distract from what they have been doing to ruin Farragut.
Instead of just believing what you hear. Come to the source directly. I will gladly send a copy of the federal lawsuit, which includes an explanation of Brixworth’s involvement in all of it as well as provide the hundreds of pages of exhibits substantiating the accusations.
There is a lot to release about what has been going on in Farragut. The key thing to understand is:
The real issue here is all the unlawful activity going on in Farragut. The abuse done to me was to threaten and intimidate me into silence.
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