Complaint,Petition: Kingsbridge Court Homeowners Association, Inc. VS. Manuel Bactad

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                                by deed restrictions recorded in the real property records of Fort Bend County, Texas, and




       Defendant is the owner of the property at 15122 Kingsbridge Way,            Houston, Fort

Bend County, Texas 77083, described as Kingsbridge Court, Section 1, Block 2, Lot 9 (the




       Defendant has violated the Declaration by failing to remove the dead palm tree from

the Property. This violation of the deed restrictions detracts from the appearance of the




       Plaintiff and the property owners in the Subdivision, have no adequate remedy at

law or otherwise for the harm or damage done by the above described breach of the deed

restrictions. Monetary damages        in an action at law would be an inadequate remedy for

Plaintiff because of the essentially aesthetic nature and purpose of the deed restrictions on

which this petition is based and because        of the difficulty of precise computation    of the

amount by which the continued violation of such restrictions has lowered the value of the




       Plaintiff and the property owners       in the Subdivision, will suffer irreparable harm,

damage, and injury unless the acts and conduct herein complained of are cured by being




deed   restrictions   described   herein   because   for every   day that any violation    remains
unresolved, Plaintiff and the property owners in Kingsbridge Court, Section 1, are deprived

of the benefits which the Declaration confers upon them as owners of restricted property.




       Plaintiff is also entitled under the Texas              Property Code,       Section   202.004(c), to




       Defendant's refusal to bring the Property into compliance with the deed restrictions

despite written       requests   to do so     has   made      it necessary   for Plaintiff to employ           the

undersigned attorney to enforce its rights. Plaintiff has obligated itself to pay a reasonable

fee for the    professional      services    of said   attorney    in this controversy,       who     is hereby

designated     as Plaintiffs expert on the subject of the reasonableness                    and necessity of

attorney's    fees.   Upon    prevailing     in this action     Plaintiff is entitled     to an     award    from

Defendant of attorney's fees, as a matter of law, in an amount deemed                      reasonable       in the




                 That upon final hearing hereof, Defendant, as well as Defendant’s servants,

                 agents, and employees be ordered to remove the dead palm tree from the

                 Defendant's      Property     at   15122     Kingsbridge    Way,       Houston,     Fort   Bend




                 Plaintiff recover all costs of suit;
3    Plaintiff recover attorney's fees in an amount             deemed    reasonable   in the

     judgment   of the   Court   with   interest   from   the    date    of judgment   at the



4    Plaintiff recover civil damages for viol




5.   Plaintiff have such other and further relief both general and special, legal and




                                            KINGSBRIDGE COURT HOMEOWNERS