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SOUTHERN COLONY HOMEOWNERS
ASSOCIATION, INC.
IN THE JUDICIAL DISTRICT COURT
VS. § OF FORT BEND COUNTY, TEXAS
BRANDIN D. LINDSEY
A/K/A BRANDIN D. LINSEY
PLAINTIFF'S ORIGINAL PETITION
SOUTHERN COLONY HOMEOWNERS ASSOCIATION, INC. (hereinafter referred to
as "Plaintiff") files this Plaintiff's Original Petition against Brandin D. Lindsey a/k/a Brandin D.
Linsey (hereinafter referred to as "Defendant”), and in support thereof respectfully shows this
PARTIES
1. Plaintiff, SOUTHERN COLONY HOMEOWNERS ASSOCIATION, INC., is a
Texas non-profit corporation that is duly organized and existing under the laws of the State of
Texas. Plaintiff's principal place of business is in Fort Bend County, Texas. Plaintiff intends for
2. Defendant, BRANDIN D. LINDSEY A/K/A BRANDIN D. LINSEY, is an individual
residing in Fort Bend County, Texas, and is the owner of the property made the basis of this
lawsuit. Such Defendant may be served with citation at Defendant's residence at
ee e Defendant may be found.
SESSMENTS
3. Plaintiff SOUTHERN COLONY HOMEOWNERS ASSOCIATION, INC. is
comprised of property owners in the subject community. Defendant owns real property in the
subject community that is commonly known ie
= the "Property’’), and more part towt:
Lot 10, Block 06, of Southern Colony, Section 4A, a subdivision in Fort Bend
County, Texas, according to the map or plat thereof recorded in Plat No.
20180188, of the Plat Records of Fort Bend County, Texas, as modified by any
supplements thereto or replats thereof.
4. The Property is governed, in part, by an instrument filed of record with the Real
Property Records of Fort Bend County, Texas. Such instrument is hereinafter referred to as the
“Declaration”, and more particularly known as the Declaration of Covenants, Conditions and
Restrictions for Southern Colony, Section One, and by the Declaration of Annexation, recorded
in the Real Property Records of Fort Bend County, Texas, under Clerk's File Nos. 2006034366
and 2018128613, respectively, along with the amendments or supplements thereto.
5. Defendant is charged with actual and constructive knowledge of the Declaration. The
Declaration and/or Texas law provide that property owners in the subject community shall pay
assessments to Plaintiff, along with any interest, attorney fees, and other costs of collection that
result from a property owners failure to timely pay Plaintiff. The said interest, attorney fees and
costs of collection are added to and made a part of the property owners assessment account. All
sums assessed by Plaintiff and not paid by a property owner shall bear interest at the rate
Til.
LIEN
6. Pursuant to the Declaration, the past-due assessments, interest, attorneys fees, and cost
of collection shall constitute a charge on the land and shall be a continuing lien upon the
Property. In this regard, Plaintiff SOUTHERN COLONY HOMEOWNERS ASSOCIATION,
INC. will show that it has a lien upon the Property for unpaid
NOTICE OF DELINQUENCY
7. Defendant has an unpaid balance due and owing to Plaintiff for assessments and/or
related charges. Plaintiff gave Defendant multiple notices of the delinquency and informed
Defendant that failure to pay certain delinquent charges to Plaintiff SOUTHERN COLONY
HOMEOWNERS ASSOCIATION, INC. within a given period would result in Plaintiff taking
Vv.
DAMAGES
8. Defendant has failed and refused to pay the sums due and owing to Plaintiff in the
amount of at least Four Thousand Five Hundred Sixty-Seven and 81/100 Dollars ($4,567.81),
plus additional assessments, attorney's fees, cost and interest that have accrued and/or that will
accrue during the pendency of this matter. All offsets, payments and credits allowed are reflected
in the said amount owing to Plaintiff SOUTHERN COLONY HOMEOWNER
ASSOCIATION, INC. by Defendant. Plaintiff now seeks a judgment for all sums due and owing
stablishment and foreclosure of
ATTORNEY FEES
9. In accordance with the Declaration, the Texas Property Code and the Texas Civil
Practice and Remedies Code, Plaintiff is entitled to reimbursement from Defendant for its
attorney fees and costs incurred in pursuing this action against Defendant. Plaintiff has retained
the undersigned attorneys to enforce its rights against Defendant. Therefore, Plaintiff is entitled
to an award from Defendant for
Plaintiff seeks those reasonable and necessary attorney's fees and cost that will likely be incurred
in collecting on any judgment awarded in this case. In the event of an attack upon the judgment,
Defendant should be required to reimburse Plaintiff for additional attorney’s fees and cost that
CONDITIONS PRECEDENT
10. All conditions precedent to Plaintiff SOUTHERN COLONY HOMEOWNERS
ASSOCIATION, INC. recovering upon its claims herein have occurred or been waived by
VII.
RELIEF
WHEREFORE, PREMISES CONSIDERED, Plaintiff SOUTHERN COLONY
HOMEOWNERS ASSOCIATION, INC. pray
Petition and that upon final trial of this cause, Plaintiff have a judgment against Defendant as
delinquent assessments and/or expenses;
post-judgment interest at the maximum rate allowed by the laws of
for all reasonable and necessary attorney’s fees incurred by
Plaintiff, including reasonable and necessary fees that are likely to
be incurred to collect upon any judgment obtained herein, as we
as reasonable and necessary fees that can be anticipated upon a
appeal of such judgment;
for all costs of court incurred by Plaintiff;
for the establishment and foreclosure of Plaintiffs lien against
Defendant's property and for an order of sale of Defendant's
f. for such other and further relief, both general and special, legal and
tiff may be justly entitled.
Respectfully submitted,
HOLTTOLLETT, P.C.
Vow.
J.C. Jamison
State Bar No. 24029632
jamison@holttollett.com
State Bar No.
State Bar No.
courtnotice@holttollett.com
ATTORNEYS FOR PLAINTIFF
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SOUTHERN COLONY HOMEOWNERS ASSOCIATION, INC. IN THE JUDICIAL DISTRICT COURT VS. § OF FORT BEND COUNTY, TEXAS BRANDIN D. LINDSEY A/K/A BRANDIN D. LINSEY PLAINTIFF'S ORIGINAL PETITION SOUTHERN COLONY HOMEOWNERS ASSOCIATION, INC. (hereinafter referred to as "Plaintiff") files this Plaintiff's Original Petition against Brandin D. Lindsey a/k/a Brandin D. Linsey (hereinafter referred to as "Defendant”), and in support thereof respectfully shows this PARTIES 1. Plaintiff, SOUTHERN COLONY HOMEOWNERS ASSOCIATION, INC., is a Texas non-profit corporation that is duly organized and existing under the laws of the State of Texas. Plaintiff's principal place of business is in Fort Bend County, Texas. Plaintiff intends for 2. Defendant, BRANDIN D. LINDSEY A/K/A BRANDIN D. LINSEY, is an individual residing in Fort Bend County, Texas, and is the owner of the property made the basis of this lawsuit. Such Defendant may be served with citation at Defendant's residence at ee e Defendant may be found. SESSMENTS 3. Plaintiff SOUTHERN COLONY HOMEOWNERS ASSOCIATION, INC. is comprised of property owners in the subject community. Defendant owns real property in the subject community that is commonly known ie = the "Property’’), and more part towt: Lot 10, Block 06, of Southern Colony, Section 4A, a subdivision in Fort Bend County, Texas, according to the map or plat thereof recorded in Plat No. 20180188, of the Plat Records of Fort Bend County, Texas, as modified by any supplements thereto or replats thereof. 4. The Property is governed, in part, by an instrument filed of record with the Real Property Records of Fort Bend County, Texas. Such instrument is hereinafter referred to as the “Declaration”, and more particularly known as the Declaration of Covenants, Conditions and Restrictions for Southern Colony, Section One, and by the Declaration of Annexation, recorded in the Real Property Records of Fort Bend County, Texas, under Clerk's File Nos. 2006034366 and 2018128613, respectively, along with the amendments or supplements thereto. 5. Defendant is charged with actual and constructive knowledge of the Declaration. The Declaration and/or Texas law provide that property owners in the subject community shall pay assessments to Plaintiff, along with any interest, attorney fees, and other costs of collection that result from a property owners failure to timely pay Plaintiff. The said interest, attorney fees and costs of collection are added to and made a part of the property owners assessment account. All sums assessed by Plaintiff and not paid by a property owner shall bear interest at the rate Til. LIEN 6. Pursuant to the Declaration, the past-due assessments, interest, attorneys fees, and cost of collection shall constitute a charge on the land and shall be a continuing lien upon the Property. In this regard, Plaintiff SOUTHERN COLONY HOMEOWNERS ASSOCIATION, INC. will show that it has a lien upon the Property for unpaid NOTICE OF DELINQUENCY 7. Defendant has an unpaid balance due and owing to Plaintiff for assessments and/or related charges. Plaintiff gave Defendant multiple notices of the delinquency and informed Defendant that failure to pay certain delinquent charges to Plaintiff SOUTHERN COLONY HOMEOWNERS ASSOCIATION, INC. within a given period would result in Plaintiff taking Vv. DAMAGES 8. Defendant has failed and refused to pay the sums due and owing to Plaintiff in the amount of at least Four Thousand Five Hundred Sixty-Seven and 81/100 Dollars ($4,567.81), plus additional assessments, attorney's fees, cost and interest that have accrued and/or that will accrue during the pendency of this matter. All offsets, payments and credits allowed are reflected in the said amount owing to Plaintiff SOUTHERN COLONY HOMEOWNER ASSOCIATION, INC. by Defendant. Plaintiff now seeks a judgment for all sums due and owing stablishment and foreclosure of ATTORNEY FEES 9. In accordance with the Declaration, the Texas Property Code and the Texas Civil Practice and Remedies Code, Plaintiff is entitled to reimbursement from Defendant for its attorney fees and costs incurred in pursuing this action against Defendant. Plaintiff has retained the undersigned attorneys to enforce its rights against Defendant. Therefore, Plaintiff is entitled to an award from Defendant for Plaintiff seeks those reasonable and necessary attorney's fees and cost that will likely be incurred in collecting on any judgment awarded in this case. In the event of an attack upon the judgment, Defendant should be required to reimburse Plaintiff for additional attorney’s fees and cost that CONDITIONS PRECEDENT 10. All conditions precedent to Plaintiff SOUTHERN COLONY HOMEOWNERS ASSOCIATION, INC. recovering upon its claims herein have occurred or been waived by VII. RELIEF WHEREFORE, PREMISES CONSIDERED, Plaintiff SOUTHERN COLONY HOMEOWNERS ASSOCIATION, INC. pray Petition and that upon final trial of this cause, Plaintiff have a judgment against Defendant as delinquent assessments and/or expenses; post-judgment interest at the maximum rate allowed by the laws of for all reasonable and necessary attorney’s fees incurred by Plaintiff, including reasonable and necessary fees that are likely to be incurred to collect upon any judgment obtained herein, as we as reasonable and necessary fees that can be anticipated upon a appeal of such judgment; for all costs of court incurred by Plaintiff; for the establishment and foreclosure of Plaintiffs lien against Defendant's property and for an order of sale of Defendant's f. for such other and further relief, both general and special, legal and tiff may be justly entitled. Respectfully submitted, HOLTTOLLETT, P.C. Vow. J.C. Jamison State Bar No. 24029632 jamison@holttollett.com State Bar No. State Bar No. courtnotice@holttollett.com ATTORNEYS FOR PLAINTIFF