21-02-2025
Veterans in North Texas fight to retain benefits after community fee changes
Some disabled veterans in North Texas are fighting to keep the benefits they earned after a controversial change in how their neighborhood fees are assessed.
The veterans, who live in the Harvest community in Denton County, say a well-known homebuilder's decision to shift neighborhood improvement funding from a Public Improvement District (PID) to a Homeowners Association (HOA) fee has left them unfairly burdened.
For years, veterans Bobby Somers and Jim Mathis were exempt from property taxes and PID fees, thanks to their VA 100% disability status.
But, in October 2024, a unanimous vote by the Northlake City Council dissolved the PID, effectively replacing it with an HOA fee—one that veterans now have to pay.
What happened?
"They told me to fight for them, protect them, die for them," Somers said, wiping tears from his eyes. "Well, where is it now? Where's the help?"
Somers, a former Army sergeant who served for 13 years, expressed the deep frustration many veterans feel after years of sacrifice, only to be faced with financial uncertainty in their retirement.
"It just feels like the veterans are just totally disrespected," he said.
"Now I have to beg for everything. That sucks."
Jim Mathis, a 5½-year Air Force veteran, echoed his friend's sentiments.
"I didn't go beg for it," Mathis said. "I'm a veteran. I earned this."
The veterans say they are particularly upset because of the stark contrast between the promises they received when joining the military and the reality they face now.
"They made me into this guy who never quits," Somers explained, his voice cracking.
"They forged me into this piece of metal, and now it's hard because I have to beg. It's just wrong."
Both men say they were blindsided by the change.
Mathis, who says he lives in a neighborhood full of disabled veterans, pointed out that he believes that there are over 80 people in his neighborhood who are 100 percent disabled.
The Transition from PID to HOA
The change comes after a consultant hired by Hillwood, the developer behind Harvest, proposed dissolving the PID during a Northlake City Council meeting in May 2022.
"Our goal is to dissolve the Northlake PID Number One," consultant Rick Rosenberg said during the meeting.
According to Rosenberg and charts he showed, eliminating the PID would result in cost savings for most residents, as they would no longer have to pay the county for maintaining improvements such as landscaping and irrigation.
Instead, homeowners would pay a fee to the HOA, an entity controlled by Hillwood.
Though the proposal was met with questions from some council members, it ultimately passed in October 2024, leaving residents facing a new annual cost structure with some veterans paying certain costs for the first time.
The New Financial Burden
The decision means that, while no one in the community is paying a PID tax assessment anymore, everyone, including disabled veterans, is now paying the HOA fee, which averages about $700 per year.
Mathis, who has lived in the neighborhood for over a decade, expressed his frustration.
"You just can't change the name of something and call it something different and assess it to me and now I gotta pay it. That's wrong."
Somers added that the sudden appearance of the fees was unsettling.
"It just showed up out of nowhere, like, hey, here, you owe me this all of a sudden," he said.
Fighting for Exemptions
The new fee structure has left the veterans questioning how their sacrifices are being valued.
"Some of these guys need these 700 bucks for their lunch or their groceries or their daycare or maybe even transportation to get to the VA," Mathis said.
Mathis appealed to the HOA board to restore their original exemption from the fees, but their efforts have been unsuccessful.
In response to the veterans' concerns, Hillwood issued the following statement on behalf of the Harvest HOA:
"HOA assessments are not a tax and are uniformly applied to all property owners," said Leah Burton, legal counsel for the HOA at Harvest. "After careful consideration of the veteran's request, the HOA decided not to take action. With no mechanism for exempting specific classes of residents, it's industry standard that HOA assessments be shared uniformly across all property owners. Granting exemptions could result in selective enforcement, which would conflict with our obligation to treat all property owners equitably."
Refusing to Give Up
Despite the emotional toll, Somers says he isn't giving up.
"The Army didn't show me how to give up," he said firmly.
"I'll complain and cry while I'm doing it, but I'm not going to give up."
State Law and Legal Complications
A spokesperson for the Texas Comptroller's office clarified that while disabled veterans are exempt from property taxes and PID fees, they are not exempt from HOA fees.
HOA fees are considered private fees, not public taxes.
This distinction leaves the veterans paying fees they once thought they were exempt from.
Town of Northlake Responds
"The Town does not apply legislatively approved state-wide property tax exemptions such as those for disabled veterans. However, public improvement district (PID) assessments are not property taxes. The Town of Northlake presumed that the PID assessments were being assessed at one hundred percent by the Denton County Tax Assessor/Collector. The Town is not aware of any provisions for PID assessment exemptions for disabled veterans in Chapter 11 of the Texas Tax Code.
On September 14, 2023, the Town lowered the PID assessment to zero. At the public hearing for this action, there was only one speaker who commented on the structure of the PID and inquired about the creation of the PID but did not mention exemptions. On September 12, 2024, the Town was presented with a petition to dissolve the PID, and Council set a public hearing per State statute. The PID dissolution public hearing was held on October 10, 2024, and there was only one speaker who inquired about annexation of the area in the PID but did not mention exemptions. After the public hearing was closed, Council dissolved the PID."
What's Next for the Veterans?
As the dispute continues, these veterans in the Harvest community are challenging the change.
The Texas Veterans Commission, which is not involved in this case, does provide resources for veterans seeking assistance, and a spokesperson from the commission suggested veterans with any questions or concerns reach out to the "Texas Lawyers for Texas Veterans" program, which offers pro bono legal services for veterans in need.
For veterans who need guidance or assistance in any situation, the U.S. Department of Veterans Affairs also offers a crisis line.
