Motion,Ex Parte: FRF, Inc., Trail Blazer Builders LLC VS. April Sound Property Owners Association

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                                21-06-07955

FRF, I                                                                               ISTRICT   OURT
 RAIL     LAZER UILDERS,      LLC,
          LAINTIFF

                                                                     ONTGOMERY       OUNTY      EXAS

          OUND    ROPERTY

          OUND    ROPERTY

                                                                                             ISTRICT

                           LAINTIFFS              FOR                 ELIEF

         FRF, Inc. “(FRF”) and Trail Blazer Builders, LLC (“Trail Blazer”) now move for the Court

to grant emergency relief, in support of which they respectfully would show the following.

                 FRF owns lots in the April Sound real estate development. Trail Blazer holds



                 FRF is engaged in the business of assigning equitable interests in the lots it owns,

and/or in selling the lots outright, to third parties.

                 Trail Blazer is engaged in the business of building homes on the lots to which it

holds equitable interests, which lots transfer to third parties upon completion of construction



                 In order to transfer the real estate with clear title, Plaintiffs must pay the

assessments legitimately made by Defendant. There is a four-year statute of limitations on such

assessments.

                 FRF has pending agreements to assign and/or sell lots. Trail Blazer has pending

agreements to construct homes on and/or transfer lots with completed construction to third




  It was Defendant’s wrongful and unauthorized refusal to accept Plaintiffs’ assignments that impaired
their businesses and caused substantial damages, as described more fully in Plaintiffs’ First Amended


     .C .P      .&R .C         §16.004( )(3). See Richard Gill Co. v. Jackson’s Landing Owners’ Asso,
758 S.W.2d 921, 924 (Tex. App. — Corpus Christi 1988).

                                                                                           Page
party buyers. In order to complete these transactions Plaintiffs must, and wish to, pay all

properly pending assessments of Defendant on the subject properties.

                Plaintiffs have requested Defendant to provide them with accurate and up-to-

date statements of any assessments, properly limited to the four-year statute of limitations, on

the lots that are the subject of this motion. Defendant has sent assessments not for the proper

time period but for many years previous to that. These statements are for assessments that are

wholly or partly uncollectible because the statute of limitations has expired.

                Plaintiffs properly and timely objected to these excessive and improper

assessments and repeatedly requested Defendant to provide assessments correctly limited by

the statute of limitations, but Defendant has refused and continues to refuse to do so.

                Defendants’ refusal to present statements for the proper time periods and

amounts makes it impossible for Plaintiffs to complete the transactions and meet their

obligations to third parties in respect of the tracts at issue. This is creating the risk of immediate

and irreparable harm to Plaintiffs, for which money damages will not be a sufficient remedy.

                Plaintiffs are ready, willing, and able to tender payment for the four-year period

that applies, but Defendant refuses to provide them with the amounts owed for that period.

                Plaintiffs are entitled to receive an order from this Court requiring Defendant to

provide statements of assessments limited to the time period set by the statute of limitations,

and to accept tenders of payment by Plaintiffs for those amounts.

        Wherefore, premises considered, Plaintiffs respectfully pray that the Court set this

matter for an emergency hearing, and issue an order of emergency relief requiring Defendant to

provide statements of assessments limited to the time period set by the statute of limitations,

and to accept tenders of payment by Plaintiffs for those amounts, and for such other relief, legal

and equitable, as to which Plaintiffs justly may be entitled.

                                                            Respectfully submitted,


 Plaintiffs attach a true and correct list of the tracts that are the subject of this motion as Exhibit A hereto.

 Plaintiffs attach true and correct copies of the assessments at issue as Exhibit B to this motion.

Plaintiffs’ Motion for Emergency Relief                                                              Page
                                                    /s/ James J. Burnett

                                                    James J. Burnett
                                                    State Bar Number 03426950
                                                    The Law Office of James J. Burnett
                                                    12002 Pine Brook Drive
                                                    Stafford7 Texas 77478
                                                    Phone: 281.703.9097
                                                    Fax: 210.547.7841
                                                    jburnett@jamesburnett.com

                                                    Counsel for Plaintiffs



       I hereby certify that a true and correct copy of the foregoing Plaintiff’s motion has been
served upon all parties to be served, or their duly authorized agents or counsel of record, in a
manner permitted by the Texas Rules of Civil Procedure, on September 29, 2021.

                                                    /s/ James J. Burnett

                                                    James J. Burnett




Plaintiffs’ Motion for Emergency Relief                                                Page