Preview
Filed
12/30/2016 5:12:46 PM
Anniv Rebecca Elliott
District Clerk
Fort Bend County, Texas.
Cle-RxV-22R14e Nereyda Flores
Cause No.
17-DCV-238148
—_—_
WESTHEIMER AKES PROPERTY 8 IN THEDISTRICT COURT OF
OWNER SSOCIATION,
lain i,
FORT BEND COUNTY, TEXAS
MA
Fort Bend County - 240th Judicial District Court
NIM. SCHEXNA YHER
Deénda 8 ___ JUDICIAL DISTRICT
[N TIFF’: © AS L PETITION AND REQUESTS FOR DISCLOSURE
Plaintifi theimer Property Owners Association, in this lawsuit, would
respectfully show the Co oflowing.
PARTI RVICE OF PROCESS
Plaintiff is a non-pro! tgorporation ¢ ‘ish ig, under and by virtue of the laws of the State
of Texas with its principal offite dcated in Fy Bend \nty, Texas.
Defendant, Mandi M. Schexnayder, i ier Bend County, Texas, and may be
served with process at 10906 Tipton Q Dr, mond RX TRB 01 wherever Mandi M.
Schexnayder may be found.
II. JURISDICTIO. VED
Pursuant to Texas Civil Practice and Remedies Cod diction d venue this case
properly lie in Fort Bend County, Texas, in that Fort Bend the co which all or
part of the property made the basis of this cause is located and/ or is # g ty of Defendant's
residence at the time the cause of action accrued.
This lawsuit seeks monetary relief of one hundred thousand doll (etbaa 8 less
and non-monetary relief. The damages sought are within the jurisdictional hm ife cour,
III. DISCOVERY CONTROL PLAN
Discoye4 w this matter will be controlled by Discovery Control Plan Level 2 described
in Rul, X of the Texas Rules of Civil Procedure.
IV. TYPE OFCAUSE OF ACTION
ha: bé mé necessary for the Plaintiff to bring this case to: (1) obtain a judgment for
unpaid assessments sharges legally due and owing to the Plaintiff; and (2) foreclose
its lien for unpé sessments g other charges legally due and owing to the Plaintiff that are
secured by the Plaintiff's on thep ‘operty in question.
ANT Ri RICTIVE COVENANTS
Y"
“Restrictive Covenar means ly LOVSA a ition, or restriction contained in a
dedicatory instrument, whether nrandatory, 6 bij e, pe ive, or administrative. TEX.
PROP. CODE ANN. § 202.001(4) (Vernon 96)
There are recorded certain restrictive preng 's (Res! s) providing for the creation of
assessments and. other charges to be paid to the Pla. fat are the responsibility of the owner
or owners of each lot under the jurisdictionYof intiff. Nese Restrictions and
amendments, if any, ran with the land, are enforceabl law, and ecordd the Official
Public Records of Real Property of Fort Bend County, Texas.
These Restrictions and amendments, if any, continue to id and e eable against
CS
all properties under thejurisdiction of the Plaintiff.
According to a deed recorded in the office of the County Cle ead Coupt
Texas, Defendant is the owner of a tract of land described as LOT TWEN’ OUR OCK
THREE (3) OF VILLAS AT WESTHEIMER LAKES, SECTION ONE (1), A S BLD SION IN
2
FORT BEND COUNTY, TEXAS (Property). The street address of the Property is 10906 Tipton
Oaks Drive, wiond, TX 77406. The Property is encumbered by the Restrictions and
amend el 6, if any,
IN TIFF’'S AUTHORITY TO ENFORCE THE
RESTRICTIVE COVENANTS
per owne ssociation may initiate litigation affecting the enforcement of a
restrictive covena protection, preservation, or operation of the property covered by the
dedicatory instrament. TEX,PR ‘CODE ANN. § 202.004(b) (Vernon 1995).
VILN Q STRICTIVE COVENANTS
An instrument that is properly recdrd din the proper county is notice to all persons of
the existence of the instrument PX PCODE 1SSO02 (Vernon 1984).
The Restrictions have been propet corded X he Olficial Public Records of Real
Property of Fort Bend County, Texas.
Despite notice of the Restrictions, IS dant is ting the Restrictions by failing to
pay to Plaintiff the assessments and other charges thor estrictions or applicable
law.
VIIL REQUEST FOR JUDGMENT ON ALL AMO DUE FO PEAINTIFF
The Restrictions obligate the owner or owners of each g nder the j ‘isd ion of the
Plaintiff to pay to the Plaintiff assessments and other charges. Subs iNo thé date the
Restrictions were filed in the Official Public Records of Real Property of Fo otint exas,
Defendant obtained an ownership interest in the Property. Upon the De et mt ob ing an
ownership interest in the Property, the Defendant became obligated to pay to the Plaintiff
assessments apd oth er charges, allas set forth in the Restrictions.
Defe dant has been mailed statements from Plaintiff requesting payment of the amount
b apd owing
to the Plait but, despite such requests, Defendant has failed and refused, and
col es to fail arfd ret e to pay such amount.
the bove-d¢ d reasons, the Defendant is obligated to pay to the Plaintiff the
balance due for paidassessments and other charges authorized by the Restrictions or applicable
law together with court cost; dreasonable attorney’s fees.
Plaintiff requeg dgme st Wye Defendant for all amounts that are legally due and
owing to Plaintiff.
IX. REQUEST FOR LOSURE OF XT PF’S LIEN ONAMOUNTS
SECURED BY PLA INTLEF i QN EPROPERTY
The Restrictions reserve to P a lien os roperkx to secure the payment of
assessments and certain other charges dueand & € on the ent account of the Property.
Plaintiff is entitled to foreclose its lien on the of the total amount due and owing to
the Plaintiff that is secured by the Plaintiff's lien on ie Prey
X. ATTORNEY'S FEES A osTs
Plaintiff is entitled to recover attorney's fees pursuant to the R ‘tions.
In addition, and/or in the alternative, in an action ba: ‘d on oa of A\réstrictive
covenant pertaining to real property, the Court shall allow to a prev rho asserted
the action reasonable attomey’s fees in addition to the party’s costs and clip Te PROP.
ANN. § 5.006 (Vernon 1984).
Plaintiff designates the undersigned attorneys as expert witnesses on reasonable and
necessary atto 8 fees and costs of litigation incurred by the Plaintiff in connection with this
suit.
XI. REQUESTS FOR DISCLOSURE
Kule 194 of the Texas Ruies of Civil Procedure, each Defendant in this lawsuit
is requested to disclos hin fifty (50) days of service of this Plaintiff's Original Petition and
Requesis for D #@, the infor tion or material described in Rule 194.2.
ON B IONS PRECEDENT
All conditions precedént Kave been per ormed or have occurred. TEX. R. CIV. P.54.
WHEREFORE, PREMISES CON: the Bp prays that the Defendant be
cited to appear and answer this Petitio’ afid, that, ot fcifhaptd fing Dearing on this cause, that:
1 The Plaintiff have judgmen eainst Deferfdan for all charges legally due and
owing to the Plaintiff on the’assessmé ‘count of the Property that are not
secured by the Plaintiff's lien op Troper toge er with any additional
unsecured charges that may accrue pei6r to jtidgn ent;
The Plaintiff have judgment against De dant for a. harges ké ily due and
owing to Plaintiff on the assessment account & the Proper reSecured by the
Plaintiff's lien on the Property together > any, add charges that are
secured by the Plaintiffs lien on the Property that may a prior tojudgment;
The Plaintiff be awarded reasonable attorney's pl Reses ddition reasonable
postjudgment attorney fees and expenses) and costs pyfs texthe teyn of the
Restrictions and/ or the Texas Property Code;
The Plaintiff have foreclosure of its lien created by the pro sici estrick
on the amounts awarded for numbers 2 and 3 above on the fo g ingd béd
Property owned by the Defendant:
LOT TWENTY-FOUR (24), BLOCK THREE (3), OF VILLAS AT WESTHEIMER
S, SECTION ONE (1),A SUBDIVISION IN FORT BEND COUNTY, TEXAS,
MRDING TO THE MAP OR PLAT THEREOF RECORDED UNDER PLAT
O(S). 20040190, OF THE PLAT RECORDS OF FORT BEND COUNTY, TEXAS
more commonly known as 10906 Tipton Oaks Drice, Ridumond, TX 77406;
An Order g shall issue to any sheriff or any constable within the State of Texas,
dire ng eriff or constable to seize and sell the Property the same as under
exert pin satisfaction of the final judgment in this cause subject to any superior
py ‘ovided for in the Restrictions or at law, ifany;
The P. So low edall such writs and processes as may be necessary to enforce
and the judgment in this cause, including all reasonable attorney’s fees
€d in any sii proceedings, and that execution issue for thejudgment; and
The Plaintiféb arded postjudgment interest on the entire amount awarded,
including cCSO e interest rate authorized in the Restrictions or, where
applicable/at the est el lowed by law, from the date ofjudgment until fully
paid, together, all costs d t, and all such other and further relief, special or
general, at la dr in equity, Oy hich Plaintiff may show itself justly entitled or as
theCourt ma deem just.
RO RTS KA) BERG BUTLER HAILEY PC
AA
cA
rown,
TBN: 24063
[chrowe atbhiaw.com|
Melissa cLaipt
TBN: 240327)
[mmelain@rmivkhlaw
com
Sandy Huynh
TBN: 24057454
ey
Cliff Davis
TBN: 00792447
2800 Post Oak Boulevard, S'
Houston, Texas 77056
(844) 775-9344
Attorneys for Plaintiff
CFB/jm/jm
13541-40663
Preview
Filed 12/30/2016 5:12:46 PM Anniv Rebecca Elliott District Clerk Fort Bend County, Texas. Cle-RxV-22R14e Nereyda Flores Cause No. 17-DCV-238148 —_—_ WESTHEIMER AKES PROPERTY 8 IN THEDISTRICT COURT OF OWNER SSOCIATION, lain i, FORT BEND COUNTY, TEXAS MA Fort Bend County - 240th Judicial District Court NIM. SCHEXNA YHER Deénda 8 ___ JUDICIAL DISTRICT [N TIFF’: © AS L PETITION AND REQUESTS FOR DISCLOSURE Plaintifi theimer Property Owners Association, in this lawsuit, would respectfully show the Co oflowing. PARTI RVICE OF PROCESS Plaintiff is a non-pro! tgorporation ¢ ‘ish ig, under and by virtue of the laws of the State of Texas with its principal offite dcated in Fy Bend \nty, Texas. Defendant, Mandi M. Schexnayder, i ier Bend County, Texas, and may be served with process at 10906 Tipton Q Dr, mond RX TRB 01 wherever Mandi M. Schexnayder may be found. II. JURISDICTIO. VED Pursuant to Texas Civil Practice and Remedies Cod diction d venue this case properly lie in Fort Bend County, Texas, in that Fort Bend the co which all or part of the property made the basis of this cause is located and/ or is # g ty of Defendant's residence at the time the cause of action accrued. This lawsuit seeks monetary relief of one hundred thousand doll (etbaa 8 less and non-monetary relief. The damages sought are within the jurisdictional hm ife cour, III. DISCOVERY CONTROL PLAN Discoye4 w this matter will be controlled by Discovery Control Plan Level 2 described in Rul, X of the Texas Rules of Civil Procedure. IV. TYPE OFCAUSE OF ACTION ha: bé mé necessary for the Plaintiff to bring this case to: (1) obtain a judgment for unpaid assessments sharges legally due and owing to the Plaintiff; and (2) foreclose its lien for unpé sessments g other charges legally due and owing to the Plaintiff that are secured by the Plaintiff's on thep ‘operty in question. ANT Ri RICTIVE COVENANTS Y" “Restrictive Covenar means ly LOVSA a ition, or restriction contained in a dedicatory instrument, whether nrandatory, 6 bij e, pe ive, or administrative. TEX. PROP. CODE ANN. § 202.001(4) (Vernon 96) There are recorded certain restrictive preng 's (Res! s) providing for the creation of assessments and. other charges to be paid to the Pla. fat are the responsibility of the owner or owners of each lot under the jurisdictionYof intiff. Nese Restrictions and amendments, if any, ran with the land, are enforceabl law, and ecordd the Official Public Records of Real Property of Fort Bend County, Texas. These Restrictions and amendments, if any, continue to id and e eable against CS all properties under thejurisdiction of the Plaintiff. According to a deed recorded in the office of the County Cle ead Coupt Texas, Defendant is the owner of a tract of land described as LOT TWEN’ OUR OCK THREE (3) OF VILLAS AT WESTHEIMER LAKES, SECTION ONE (1), A S BLD SION IN 2 FORT BEND COUNTY, TEXAS (Property). The street address of the Property is 10906 Tipton Oaks Drive, wiond, TX 77406. The Property is encumbered by the Restrictions and amend el 6, if any, IN TIFF’'S AUTHORITY TO ENFORCE THE RESTRICTIVE COVENANTS per owne ssociation may initiate litigation affecting the enforcement of a restrictive covena protection, preservation, or operation of the property covered by the dedicatory instrament. TEX,PR ‘CODE ANN. § 202.004(b) (Vernon 1995). VILN Q STRICTIVE COVENANTS An instrument that is properly recdrd din the proper county is notice to all persons of the existence of the instrument PX PCODE 1SSO02 (Vernon 1984). The Restrictions have been propet corded X he Olficial Public Records of Real Property of Fort Bend County, Texas. Despite notice of the Restrictions, IS dant is ting the Restrictions by failing to pay to Plaintiff the assessments and other charges thor estrictions or applicable law. VIIL REQUEST FOR JUDGMENT ON ALL AMO DUE FO PEAINTIFF The Restrictions obligate the owner or owners of each g nder the j ‘isd ion of the Plaintiff to pay to the Plaintiff assessments and other charges. Subs iNo thé date the Restrictions were filed in the Official Public Records of Real Property of Fo otint exas, Defendant obtained an ownership interest in the Property. Upon the De et mt ob ing an ownership interest in the Property, the Defendant became obligated to pay to the Plaintiff assessments apd oth er charges, allas set forth in the Restrictions. Defe dant has been mailed statements from Plaintiff requesting payment of the amount b apd owing to the Plait but, despite such requests, Defendant has failed and refused, and col es to fail arfd ret e to pay such amount. the bove-d¢ d reasons, the Defendant is obligated to pay to the Plaintiff the balance due for paidassessments and other charges authorized by the Restrictions or applicable law together with court cost; dreasonable attorney’s fees. Plaintiff requeg dgme st Wye Defendant for all amounts that are legally due and owing to Plaintiff. IX. REQUEST FOR LOSURE OF XT PF’S LIEN ONAMOUNTS SECURED BY PLA INTLEF i QN EPROPERTY The Restrictions reserve to P a lien os roperkx to secure the payment of assessments and certain other charges dueand & € on the ent account of the Property. Plaintiff is entitled to foreclose its lien on the of the total amount due and owing to the Plaintiff that is secured by the Plaintiff's lien on ie Prey X. ATTORNEY'S FEES A osTs Plaintiff is entitled to recover attorney's fees pursuant to the R ‘tions. In addition, and/or in the alternative, in an action ba: ‘d on oa of A\réstrictive covenant pertaining to real property, the Court shall allow to a prev rho asserted the action reasonable attomey’s fees in addition to the party’s costs and clip Te PROP. ANN. § 5.006 (Vernon 1984). Plaintiff designates the undersigned attorneys as expert witnesses on reasonable and necessary atto 8 fees and costs of litigation incurred by the Plaintiff in connection with this suit. XI. REQUESTS FOR DISCLOSURE Kule 194 of the Texas Ruies of Civil Procedure, each Defendant in this lawsuit is requested to disclos hin fifty (50) days of service of this Plaintiff's Original Petition and Requesis for D #@, the infor tion or material described in Rule 194.2. ON B IONS PRECEDENT All conditions precedént Kave been per ormed or have occurred. TEX. R. CIV. P.54. WHEREFORE, PREMISES CON: the Bp prays that the Defendant be cited to appear and answer this Petitio’ afid, that, ot fcifhaptd fing Dearing on this cause, that: 1 The Plaintiff have judgmen eainst Deferfdan for all charges legally due and owing to the Plaintiff on the’assessmé ‘count of the Property that are not secured by the Plaintiff's lien op Troper toge er with any additional unsecured charges that may accrue pei6r to jtidgn ent; The Plaintiff have judgment against De dant for a. harges ké ily due and owing to Plaintiff on the assessment account & the Proper reSecured by the Plaintiff's lien on the Property together > any, add charges that are secured by the Plaintiffs lien on the Property that may a prior tojudgment; The Plaintiff be awarded reasonable attorney's pl Reses ddition reasonable postjudgment attorney fees and expenses) and costs pyfs texthe teyn of the Restrictions and/ or the Texas Property Code; The Plaintiff have foreclosure of its lien created by the pro sici estrick on the amounts awarded for numbers 2 and 3 above on the fo g ingd béd Property owned by the Defendant: LOT TWENTY-FOUR (24), BLOCK THREE (3), OF VILLAS AT WESTHEIMER S, SECTION ONE (1),A SUBDIVISION IN FORT BEND COUNTY, TEXAS, MRDING TO THE MAP OR PLAT THEREOF RECORDED UNDER PLAT O(S). 20040190, OF THE PLAT RECORDS OF FORT BEND COUNTY, TEXAS more commonly known as 10906 Tipton Oaks Drice, Ridumond, TX 77406; An Order g shall issue to any sheriff or any constable within the State of Texas, dire ng eriff or constable to seize and sell the Property the same as under exert pin satisfaction of the final judgment in this cause subject to any superior py ‘ovided for in the Restrictions or at law, ifany; The P. So low edall such writs and processes as may be necessary to enforce and the judgment in this cause, including all reasonable attorney’s fees €d in any sii proceedings, and that execution issue for thejudgment; and The Plaintiféb arded postjudgment interest on the entire amount awarded, including cCSO e interest rate authorized in the Restrictions or, where applicable/at the est el lowed by law, from the date ofjudgment until fully paid, together, all costs d t, and all such other and further relief, special or general, at la dr in equity, Oy hich Plaintiff may show itself justly entitled or as theCourt ma deem just. RO RTS KA) BERG BUTLER HAILEY PC AA cA rown, TBN: 24063 [chrowe atbhiaw.com| Melissa cLaipt TBN: 240327) [mmelain@rmivkhlaw com Sandy Huynh TBN: 24057454 ey Cliff Davis TBN: 00792447 2800 Post Oak Boulevard, S' Houston, Texas 77056 (844) 775-9344 Attorneys for Plaintiff CFB/jm/jm 13541-40663