Preview
Filed
12/5/2017 3:08 PM
Annie Rebecca Elliott
District Clerk
Fort Bend County, Texas
Shelby Taylor
CAUSENO, 17-DCV-246998
BRIGHTWATER HOMEOWNERS § IN THE DISTRICT COURT OF
ASSOCIATION §
§
VS. § FORT BEND COUNTY, TEXAS
OMOTAYO J. LAWAL and §Fort Bend County - 240th Judicial District Court
TYABODE 0, LAWAL § JUDICIAL DISTRICT
PLAINTIFF'S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, BRIGHTWATER HOMEOWNERS ASSOCIATION, Plaintiffin the above-
entitled and numbered cause, complaining of OMOTAYO J. LAWAL and IYABODE O, LAWAL,
Defendants herein, and for cause of action would respectfully show the Court as follows:
1 Pursuant to Rule 190.1 of the Texas Rules of Civil Procedure, discovery is intended
to be conducted under Level 2.
2 Defendants are residents of Fort Bend County, Texas, who may be served with
process at Defendants' residence at ii! ‘This is an
attempt to collect a debt and any information obtained will be used for that purpose.
3 Plaintiff is the authorized governing body of Lakeside Meadows, Section One (1),
hereinafter known as the "Subdivision." Defendants are the record owners of a lot in the
Subdivision. Specifically, said lot is described as ME being further described as:
Lot Twenty-Nine (29), in Block One (1), of Lakeside Meadow, Section One (1) at
Brightwater, a Subdivision in Fort Bend County, Texas, according to map or plat
thereof, recorded under Clerk's Slide Nos, 1267/A, 1267/B, 1268/A and 1268/B, Plat
Records Fert Bend County, Texas
4 At County Clerk's File No, 9404682 of the Official Public Records of Real Property
of Fort Bend County, Texas, there is recorded an instrument entitled "Master Declaration of
120de304,POP.3831.0031.17
Covenants, Conditions and Restrictions for Lakes of Brightwater" establishing restrictive covenants
or deed restrictions applicable to all lots in the Subdivision. Subsequent to the establishment of said
restrictive covenants, Defendants purchased the aforementioned lot and all improvements thereto,
which purchase was made expressly subject to the terms of the restrictive covenants for the
Subdivision.
5 The Master Declaration of Covenants, Conditions and Restrictions for Lakes of
Brightwater is hereinafter referred to as "Plaintiff's Restrictions," Plaintiff's Restrictions state that
each owner of a lot in the Subdivision is a member of Plaintiff and, as such, is obligated to pay
assessments, whether maintenance, special or otherwise, as imposed by Plaintiff's Board of Managers
or Directors. Plaintiff's Restrictions and/or Section 204,.010(a)(12) of the Texas Property Code
further provides for interest and late charges on such assessments in the event of late payment, costs,
attorney's fees, and a lien for those items secured by the lien set out in Plaintiff's Restrictions in favor
of Plaintiff against such owner's lot and all improvements thereto in order to secure payment.
6 Plaintiff's Restrictions reserve unto Plaintiff a continuing lien against all lots and
improvements thereto to secure the payment of the assessments and other items set out therein.
Thus, a continuing lien against Defendants’ lot and improvements thereon is reserved to Plaintiff by
Plaintiff's Restrictions. Plaintiff is entitled to foreclose such lien pursuant to the express provisions
of Plaintiff's Restrictions.
7 Pursuant to Plaintiff's Restrictions, Plaintiff has levied assessments against
Defendants' lot. Defendants have failed and refused to pay one or more of the assessments, interest,
and attorney's fees and/or related charges, plus charges for preparing and filing this Plaintiffs
Original Petition as well as additional charges which accrue after the date hereof, all of which are
1204eb304.POP.3831,0031.17
an amount in excess of theminnie jurisdictional limits of this Court. In addition, it is anticipated
that Defendants will continue to fail and refuse to pay additional assessments and/or related charges
to be levied by Plaintiff between the date of filing of this Petition through and including the date of
trial. Accordingly, Plaintiff sues Defendants for all assessments and/or related charges as may
become due and payable prior to and through the trial of this cause.
8 Plaintiff sues Defendants for pre-judgment interest on all sums which became due
pursuant to Plaintiff's Restrictions and/or Section 204.010(a)(12) of the Texas Property Code and
were not paid by Defendants from the date or dates such sums became due and payable through the
date of the trial of this cause, Plaintiff sues Defendants for post-judgment interest at the maximum
legal rate from the date of judgment through the date Plaintiffs judgment is paid.
9 Plaintiff sues Defendants for reasonable attorney's fees and costs of Court pursuant
to Plaintiff's Restrictions. In the alternative, Plaintiff sues Defendants for reasonable attorney's fees
and costs of Court pursuant to Section 5.006 and Section 204.01 0(a)(12) of the Texas Property Code.
In the alternative, Plaintiff sues Defendants for reasonable attorney's fees and costs of Court pursuant
to Chapter 38, Civil Practice & Remedies Code, V.A.C.S. as Plaintiff made demand for satisfaction
for this claim on Defendants more than thirty (30) days prior to the filing of this suit and
notwithstanding such demand, Defendants have failed and refused to pay Plaintiff the amount owed
and demanded. Therefore, pursuant to V.T.C.A., Civil Practice & Remedies Code Section 38.001,
et seq., Plaintiff is entitled to recover its reasonable attorney's fees incurred herein, together with
such additional reasonable attorney's fees as may be awarded by the Court in the event of one or
more appeals.
[204¢b304,POP,3831.0031.17
10. Pursuant to Rule 54 of the Texas Civil Procedure, all conditions precedent have been
performed or have occurred.
WHEREFORE, PREMISES CONSIDERED, Plaintiff, BRIGHTWATER HOMEOWNERS
ASSOCIATION requests judgment against Defendants, OMOTAYO J. LAWAL and TYABODEO.
LAWAL, as follows:
1 For Plaintiff's damages incurred in this matter through the date of trial;
2 For pre-judgment interest on all amounts owed Plaintiff by the Defendants from the
date they became due and payable;
For post-judgment interest at the maximum legal rate from the date of judgment until
paid;
For reasonable attorney's fees incurred by Plaintiff in prosecuting this action;
For costs of Court;
That all such sums secured by the lien set out in Plaintiff's Restrictions be declared
a lien on the subject lot and improvements located thereon;
That a decree be made for the sale of the lot and improvements thereto, the proceeds
of the sale to be applied in payment of the amount due Plaintiff}
That Plaintiff have judgment and execution against Defendants for any deficiency
which may remain after applying all proceeds of the sale of the lot and improvements
thereon properly applicable to the satisfaction of judgment;
That Plaintiff or any other party to this action may become the purchaser at said sale;
10 ‘That the person or persons designated by the Court to conduct a sale, execute a deed
or deeds to the purchaser or purchasers according te the law; and
li. For such other and further relief, both general and special, at law or in equity, as the
Court deems appropriate and to which Plaintiff may be justly entitled.
ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF
THE UNITED STATES. IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE
MILITARY DUTY, INCLUDING ACTIVE MILITARY DUTY AS A MEMBER OF THE
TEXAS NATIONAL GUARD OR THE NATIONAL GUARD OF ANOTHER STATE OR
1204eb304 POP.3831.0031.17 4
AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE
UNITED STATES, PLEASE SEND WRITTEN NOTICE OF THE ACTIVE DUTY
MILITARY SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATELY. YOU MAY
HAVE SPECIAL RIGHTS OR RELIEF RELATED TO THE ENFORCEMENT ACTION
UNDER FEDERAL LAW, INCLUDING THE SERVICEMEMBERS CIVIL RELIEF ACT
(50 U.S.C. APP. SECTION 501 ET SEQ.), IF THE OWNER IS SERVING ON ACTIVE
MILITARY DUTY.
Respectfully submitted,
BARTLEY & SPEARS, P.C.
14811 St. Mary's Lane, Suite 270
Houston, Texas 77079
(281) 531-0501 Telephone
(281) 493-1539 Telecopier
State Bar No. 01850500
Email: rbartley@bartleyspears.com
ATTORNEYS FOR PLAINTIFF
1204eb304.POP.3831,0031.17
Preview
Filed 12/5/2017 3:08 PM Annie Rebecca Elliott District Clerk Fort Bend County, Texas Shelby Taylor CAUSENO, 17-DCV-246998 BRIGHTWATER HOMEOWNERS § IN THE DISTRICT COURT OF ASSOCIATION § § VS. § FORT BEND COUNTY, TEXAS OMOTAYO J. LAWAL and §Fort Bend County - 240th Judicial District Court TYABODE 0, LAWAL § JUDICIAL DISTRICT PLAINTIFF'S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, BRIGHTWATER HOMEOWNERS ASSOCIATION, Plaintiffin the above- entitled and numbered cause, complaining of OMOTAYO J. LAWAL and IYABODE O, LAWAL, Defendants herein, and for cause of action would respectfully show the Court as follows: 1 Pursuant to Rule 190.1 of the Texas Rules of Civil Procedure, discovery is intended to be conducted under Level 2. 2 Defendants are residents of Fort Bend County, Texas, who may be served with process at Defendants' residence at ii! ‘This is an attempt to collect a debt and any information obtained will be used for that purpose. 3 Plaintiff is the authorized governing body of Lakeside Meadows, Section One (1), hereinafter known as the "Subdivision." Defendants are the record owners of a lot in the Subdivision. Specifically, said lot is described as ME being further described as: Lot Twenty-Nine (29), in Block One (1), of Lakeside Meadow, Section One (1) at Brightwater, a Subdivision in Fort Bend County, Texas, according to map or plat thereof, recorded under Clerk's Slide Nos, 1267/A, 1267/B, 1268/A and 1268/B, Plat Records Fert Bend County, Texas 4 At County Clerk's File No, 9404682 of the Official Public Records of Real Property of Fort Bend County, Texas, there is recorded an instrument entitled "Master Declaration of 120de304,POP.3831.0031.17 Covenants, Conditions and Restrictions for Lakes of Brightwater" establishing restrictive covenants or deed restrictions applicable to all lots in the Subdivision. Subsequent to the establishment of said restrictive covenants, Defendants purchased the aforementioned lot and all improvements thereto, which purchase was made expressly subject to the terms of the restrictive covenants for the Subdivision. 5 The Master Declaration of Covenants, Conditions and Restrictions for Lakes of Brightwater is hereinafter referred to as "Plaintiff's Restrictions," Plaintiff's Restrictions state that each owner of a lot in the Subdivision is a member of Plaintiff and, as such, is obligated to pay assessments, whether maintenance, special or otherwise, as imposed by Plaintiff's Board of Managers or Directors. Plaintiff's Restrictions and/or Section 204,.010(a)(12) of the Texas Property Code further provides for interest and late charges on such assessments in the event of late payment, costs, attorney's fees, and a lien for those items secured by the lien set out in Plaintiff's Restrictions in favor of Plaintiff against such owner's lot and all improvements thereto in order to secure payment. 6 Plaintiff's Restrictions reserve unto Plaintiff a continuing lien against all lots and improvements thereto to secure the payment of the assessments and other items set out therein. Thus, a continuing lien against Defendants’ lot and improvements thereon is reserved to Plaintiff by Plaintiff's Restrictions. Plaintiff is entitled to foreclose such lien pursuant to the express provisions of Plaintiff's Restrictions. 7 Pursuant to Plaintiff's Restrictions, Plaintiff has levied assessments against Defendants' lot. Defendants have failed and refused to pay one or more of the assessments, interest, and attorney's fees and/or related charges, plus charges for preparing and filing this Plaintiffs Original Petition as well as additional charges which accrue after the date hereof, all of which are 1204eb304.POP.3831,0031.17 an amount in excess of theminnie jurisdictional limits of this Court. In addition, it is anticipated that Defendants will continue to fail and refuse to pay additional assessments and/or related charges to be levied by Plaintiff between the date of filing of this Petition through and including the date of trial. Accordingly, Plaintiff sues Defendants for all assessments and/or related charges as may become due and payable prior to and through the trial of this cause. 8 Plaintiff sues Defendants for pre-judgment interest on all sums which became due pursuant to Plaintiff's Restrictions and/or Section 204.010(a)(12) of the Texas Property Code and were not paid by Defendants from the date or dates such sums became due and payable through the date of the trial of this cause, Plaintiff sues Defendants for post-judgment interest at the maximum legal rate from the date of judgment through the date Plaintiffs judgment is paid. 9 Plaintiff sues Defendants for reasonable attorney's fees and costs of Court pursuant to Plaintiff's Restrictions. In the alternative, Plaintiff sues Defendants for reasonable attorney's fees and costs of Court pursuant to Section 5.006 and Section 204.01 0(a)(12) of the Texas Property Code. In the alternative, Plaintiff sues Defendants for reasonable attorney's fees and costs of Court pursuant to Chapter 38, Civil Practice & Remedies Code, V.A.C.S. as Plaintiff made demand for satisfaction for this claim on Defendants more than thirty (30) days prior to the filing of this suit and notwithstanding such demand, Defendants have failed and refused to pay Plaintiff the amount owed and demanded. Therefore, pursuant to V.T.C.A., Civil Practice & Remedies Code Section 38.001, et seq., Plaintiff is entitled to recover its reasonable attorney's fees incurred herein, together with such additional reasonable attorney's fees as may be awarded by the Court in the event of one or more appeals. [204¢b304,POP,3831.0031.17 10. Pursuant to Rule 54 of the Texas Civil Procedure, all conditions precedent have been performed or have occurred. WHEREFORE, PREMISES CONSIDERED, Plaintiff, BRIGHTWATER HOMEOWNERS ASSOCIATION requests judgment against Defendants, OMOTAYO J. LAWAL and TYABODEO. LAWAL, as follows: 1 For Plaintiff's damages incurred in this matter through the date of trial; 2 For pre-judgment interest on all amounts owed Plaintiff by the Defendants from the date they became due and payable; For post-judgment interest at the maximum legal rate from the date of judgment until paid; For reasonable attorney's fees incurred by Plaintiff in prosecuting this action; For costs of Court; That all such sums secured by the lien set out in Plaintiff's Restrictions be declared a lien on the subject lot and improvements located thereon; That a decree be made for the sale of the lot and improvements thereto, the proceeds of the sale to be applied in payment of the amount due Plaintiff} That Plaintiff have judgment and execution against Defendants for any deficiency which may remain after applying all proceeds of the sale of the lot and improvements thereon properly applicable to the satisfaction of judgment; That Plaintiff or any other party to this action may become the purchaser at said sale; 10 ‘That the person or persons designated by the Court to conduct a sale, execute a deed or deeds to the purchaser or purchasers according te the law; and li. For such other and further relief, both general and special, at law or in equity, as the Court deems appropriate and to which Plaintiff may be justly entitled. ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES. IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE MILITARY DUTY, INCLUDING ACTIVE MILITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR THE NATIONAL GUARD OF ANOTHER STATE OR 1204eb304 POP.3831.0031.17 4 AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES, PLEASE SEND WRITTEN NOTICE OF THE ACTIVE DUTY MILITARY SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATELY. YOU MAY HAVE SPECIAL RIGHTS OR RELIEF RELATED TO THE ENFORCEMENT ACTION UNDER FEDERAL LAW, INCLUDING THE SERVICEMEMBERS CIVIL RELIEF ACT (50 U.S.C. APP. SECTION 501 ET SEQ.), IF THE OWNER IS SERVING ON ACTIVE MILITARY DUTY. Respectfully submitted, BARTLEY & SPEARS, P.C. 14811 St. Mary's Lane, Suite 270 Houston, Texas 77079 (281) 531-0501 Telephone (281) 493-1539 Telecopier State Bar No. 01850500 Email: rbartley@bartleyspears.com ATTORNEYS FOR PLAINTIFF 1204eb304.POP.3831,0031.17