Lawsuit pitting homeowners against subdivision manager

PHARR - A corps of activist homeowners say the Pharr Plantation subdivision's current manager is using their money for his own purposes and not following the rules that came with their deeds.

Heblen Kanan bought the subdivision from its bankrupt founders in 1991.

Several Plantation Homeowners Association officers refused to comment, speaking only on condition of anonymity because they said they fear retribution from the developer.

Because deed covenants are private contracts, not government ordinances, the city doesn't enforce them. So, disputes between the Plantation homeowners and Kanan over management and upkeep of the gated community have gone to court three times.

The most recent suit was filed by Kanan last year, when Plantation Homeowners Association members wrote their declaration of independence.

"Therefore be it resolved that the Plantation Homeowners Association on this 8th day of January 2007 has terminated Pharr Plantation Management Company ..." read the declaration members passed at a group meeting.

The upscale gated community has fallen on hard times since its heady beginnings in the 1980s as a country club subdivision with streets named for characters and places in Gone with the Wind.

At the back, decrepit trailers and garden-sized shacks house families, and pricier houses are surrounded by tall weeds.

Homeowners say Kanan has allowed some residents to build to the edges of their lots or build houses in the area reserved for mobile homes.

Kanan's company, Pharr Kanan, has continued to develop some of the empty lots he owns into homes and condos, although residents say they are not selling as well as they once did.

The current suit, filed to stop the homeowners' association declaration from taking effect, has dragged on for 16 months, and the parties are at an uneasy, bitter stalemate while an audit is conducted on the management company's books.

Kanan referred questions to his lawyer, who said his court filings speak for themselves.

The homeowners' attorney, Amy McLin, said she, too, had little to publicly say about the conflict.

It would seem there is no quick end in sight.