On January 19, 2022 a
No Value
was filed
involving a dispute between
River Oaks Property Owners Inc,
Shinder, Mark,
and
2300 River Oaks Inc,
Barbouti, Haidar,
for OTHER CIVIL
in the District Court of Harris County.
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CAUSE NO, 2022-03453
RIVER OAKS PROPERTY OWNERS, INC. § IN THE DISTRICT COURT OF
Vv, HARRIS COUNTY, TEXAS
HAIDAR BARBOUTI and
2300 RIVER OAKS INC. 80" JUDICIAL DISTRICT
AFFIDAVIT OF HAIDAR BARBOUTI
THE STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME, the undersigned authority, on this day personally appeared HAIDAR
BARBOUTL who, being by me duly sworn, deposed as follows:
1 “My name is HAIDAR BARBOUTI. I am over 21 years of age, of sound mind, and fully
competent to make this affidavit. All facts stated herein are based on my personal
knowledge and are true and correct.
“I currently teside with my small children at 2300 River Oaks Boulevard (the
“Property”). I have occupied the Property at various times over the past 30 years and
have lived full-time at the Property for the past 9 years. The Property is owned by 2300
River Oaks Inc., but ] am fully authorized to occupy, maintain, and make changes to the
Property.
“In May 2021, I decided to build a two-story addition on the existing garage on the
Property along the south property line. [ was aware of the location of the existing garage,
which had existed along the south property line since the Property was originally
purchased. I did not think that there would be any problems if I built a two-story garage
addition along the same line as the existing garage. I hired contractors and proceeded
with the construction of the garage addition in May 2021.
“After a few months of construction, ] became aware that the River Oaks Property
Owners, Inc. (“ROPO”) wanted some information about my construction on the Property.
“T cooperated with the requests for information from ROPO and permitted ROPO to
conduct a drone inspection of the construction. It was my understanding at that time that
ROPO approved the height of the new construction and did not have any other problems
or issues with my construction. ROPO never indicated otherwise until late 2022 after my
neighbor Mark Shinder filed an intervention action,
EXHIBIT C
“The exterior of the garage addition was completed sometime in September 2021, at a
cost between $200,000.00 and $250,000.00. The footprint of the completed garage
addition was approximately 31 feet long by 31 feet wide.
“I was not aware of anyone telling me to stop the construction or that the construction
was in violation of any deed restrictions during construction.
“In 2022, ROPO filed a lawsuit against me and the owner of the Property, but such
lawsuit was unrelated to the garage addition construction (until after my neighbor filed
his intervention).
“My neighbor Mr. Shinder never notified me that he had any problems with the
construction until he filed his intervention in 2022. Mr. Shinder’s intervention was filed
long after the garage addition was fully completed—and was a complete surprise to me.
10. “Had anyone notified me during the construction of the garage addition that they had a
concern or problem with my construction, I would have done my best to remedy their
concerns or problems. I was led to believe that no one had any concerns or problems with
the garage addition because of the long-existing structure that preceded my garage
addition, and the lack of objection that occurred throughout the many months of
construction (which was completed in an open and obvious manner). The equipment used
in the construction was large and could easily be seen by anyone outside of the Property.
11 “T am still willing to try and remedy anyone’s concerns or problems, but it would not be
fair for me to have to tear down a $200,000.00-plus structure after it has been fully
completed without anyone having indicated an issue during the construction.”
FURTHER, AFFIANT SAYETH NOT.
_
BARBOUTI
SUBSCRIBED AND SWORN TO BEFORE ME on this the 7 f 1 day of March, 2023,
to certify which witness my hand and official seal.
er Jeannie Pena
My Commission Expires
NOT, IG; Staten Texas
Document Filed Date
June 23, 2023
Case Filing Date
January 19, 2022
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CAUSE NO, 2022-03453 RIVER OAKS PROPERTY OWNERS, INC. § IN THE DISTRICT COURT OF Vv, HARRIS COUNTY, TEXAS HAIDAR BARBOUTI and 2300 RIVER OAKS INC. 80" JUDICIAL DISTRICT AFFIDAVIT OF HAIDAR BARBOUTI THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, on this day personally appeared HAIDAR BARBOUTL who, being by me duly sworn, deposed as follows: 1 “My name is HAIDAR BARBOUTI. I am over 21 years of age, of sound mind, and fully competent to make this affidavit. All facts stated herein are based on my personal knowledge and are true and correct. “I currently teside with my small children at 2300 River Oaks Boulevard (the “Property”). I have occupied the Property at various times over the past 30 years and have lived full-time at the Property for the past 9 years. The Property is owned by 2300 River Oaks Inc., but ] am fully authorized to occupy, maintain, and make changes to the Property. “In May 2021, I decided to build a two-story addition on the existing garage on the Property along the south property line. [ was aware of the location of the existing garage, which had existed along the south property line since the Property was originally purchased. I did not think that there would be any problems if I built a two-story garage addition along the same line as the existing garage. I hired contractors and proceeded with the construction of the garage addition in May 2021. “After a few months of construction, ] became aware that the River Oaks Property Owners, Inc. (“ROPO”) wanted some information about my construction on the Property. “T cooperated with the requests for information from ROPO and permitted ROPO to conduct a drone inspection of the construction. It was my understanding at that time that ROPO approved the height of the new construction and did not have any other problems or issues with my construction. ROPO never indicated otherwise until late 2022 after my neighbor Mark Shinder filed an intervention action, EXHIBIT C “The exterior of the garage addition was completed sometime in September 2021, at a cost between $200,000.00 and $250,000.00. The footprint of the completed garage addition was approximately 31 feet long by 31 feet wide. “I was not aware of anyone telling me to stop the construction or that the construction was in violation of any deed restrictions during construction. “In 2022, ROPO filed a lawsuit against me and the owner of the Property, but such lawsuit was unrelated to the garage addition construction (until after my neighbor filed his intervention). “My neighbor Mr. Shinder never notified me that he had any problems with the construction until he filed his intervention in 2022. Mr. Shinder’s intervention was filed long after the garage addition was fully completed—and was a complete surprise to me. 10. “Had anyone notified me during the construction of the garage addition that they had a concern or problem with my construction, I would have done my best to remedy their concerns or problems. I was led to believe that no one had any concerns or problems with the garage addition because of the long-existing structure that preceded my garage addition, and the lack of objection that occurred throughout the many months of construction (which was completed in an open and obvious manner). The equipment used in the construction was large and could easily be seen by anyone outside of the Property. 11 “T am still willing to try and remedy anyone’s concerns or problems, but it would not be fair for me to have to tear down a $200,000.00-plus structure after it has been fully completed without anyone having indicated an issue during the construction.” FURTHER, AFFIANT SAYETH NOT. _ BARBOUTI SUBSCRIBED AND SWORN TO BEFORE ME on this the 7 f 1 day of March, 2023, to certify which witness my hand and official seal. er Jeannie Pena My Commission Expires NOT, IG; Staten Texas