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Cause No. __________________
RAYFORD RIDGE PROPERTY OWNERS § IN THE DISTRICT COURT OF
ASSOCIATION, INC., §
Plaintiff, §
§
VS. § MONTGOMERY COUNTY, TEXAS
§
§
ASSAF HALEVY, §
Defendant, § _____ JUDICIAL DISTRICT
PLAINTIFF’S ORIGINAL PETITION
Plaintiff, Rayford Ridge Property Owners Association, Inc., in this lawsuit, would
respectfully show the Court the following.
I. PARTIES; SERVICE OF PROCESS
Plaintiff is a non-profit corporation existing under and by virtue of the laws of the State
of Texas with its principal office being located in Montgomery County, Texas.
Defendant, Assaf Halevy, is a resident of Montgomery County, Texas, and may be served
with process at 443 Carson Ridge Drive, Spring, TX 77386 or wherever Assaf Halevy may be found.
II. JURISDICTION AND VENUE
Pursuant to Texas Civil Practice and Remedies Code, jurisdiction and venue of this case
properly lie in Montgomery County, Texas, in that Montgomery County is the county in which
all or part of the property made the basis of this cause is located and/or is the county of
Defendant’s residence at the time the cause of action accrued.
This lawsuit seeks monetary relief of one hundred thousand dollars ($100,000.00) or less
and non-monetary relief. The damages sought are within the jurisdictional limits of the court.
III. DISCOVERY CONTROL PLAN
Discovery in this matter will be controlled by Discovery Control Plan Level 2 described in
Rule 190.3 of the Texas Rules of Civil Procedure.
IV. RELEVANT RESTRICTIVE COVENANTS AND TYPE OF CAUSE OF ACTION
“Restrictive Covenant” means any covenant, condition, or restriction contained in a
dedicatory instrument, whether mandatory, prohibitive, permissive, or administrative. TEX. PROP.
C O D E A NN. § 202.001(4) (Vernon 1995).
There are recorded certain restrictive covenants (Restrictions) providing for the creation of
assessments and other charges to be paid to the Plaintiff that are the responsibility of the owner
or owners of each lot under the jurisdiction of the Plaintiff. These Restrictions and amendments,
if any, run with the land, are enforceable at law, and are recorded in the Official Public Records of
Real Property of Montgomery County, Texas.
These Restrictions and amendments, if any, continue to be valid and enforceable against
all properties under the jurisdiction of the Plaintiff.
These Restrictions constitute a legally binding and enforceable contract between the
Plaintiff and Defendant. Boudreaux Civic Ass’n v. Cox, 882 S.W.2d 543, 547 (Tex. App. –Houston
[1st Dist.] 1994, no writ); See also Dunn v. Polly Ranch Homeowners Association, 943 S.W.2d 906.
Defendants’ failure to pay assessments to the Plaintiff constitutes a material breach of the contract.
Defendants’ breach of the contract caused Plaintiff to suffer monetary damages in the form of
unpaid assessments, interest, late fees, attorney’s fees, costs of court and other charges.
It has become necessary for the Plaintiff to bring this case to: (1) obtain a judgment for
unpaid assessments and other charges legally due and owing to the Plaintiff; and (2) foreclose its
lien for unpaid assessments and other charges legally due and owing to the Plaintiff that are
secured by the Plaintiff’s lien on the property in question.
V. OWNERSHIP OF PROPERTY
According to a deed recorded in the office of the County Clerk of Montgomery County,
Texas, Defendant is the owner of a tract of land described as Lot Two (2), in Block Four (4), of Rayford
Ridge, Section Three (3), an addition in Montgomery County, Texas, according to the map or plat thereof
recorded in Cabinet Z, Sheet 1000 of the Map Records of Montgomery County, Texas in Montgomery
County, Texas (Property). The street address of the Property is 443 Carson Ridge Dr, Spring, TX
77386. The Property is encumbered by the Restrictions and amendments, if any.
VI. PLAINTIFF’S AUTHORITY TO ENFORCE THE
RESTRICTIVE COVENANTS
A property owners’ association may initiate litigation affecting the enforcement of a
restrictive covenant or the protection, preservation, or operation of the property covered by the
dedicatory instrument. TEX. PROP. CODE ANN. § 202.004(b) (Vernon 1995).
VII. NOTICE OF RESTRICTIVE COVENANTS
An instrument that is properly recorded in the proper county is notice to all persons of
the existence of the instrument. TEX. PROP. CODE ANN. § 13.002 (Vernon 1984).
The Restrictions have been properly recorded in the Official Public Records of Real
Property of Montgomery County, Texas.
Despite notice of the Restrictions, Defendant is violating the Restrictions by failing to pay
to Plaintiff the assessments and other charges authorized by the Restrictions or applicable law.
VIII. REQUEST FOR JUDGMENT ON ALL AMOUNTS DUE TO PLAINTIFF
The Restrictions obligate the owner or owners of each lot under the jurisdiction of the
Plaintiff to pay to the Plaintiff assessments and other charges. Subsequent to the date the
Restrictions were filed in the Official Public Records of Real Property of Montgomery County, Texas,
the Defendant obtained an ownership interest in the Property. Upon the Defendant obtaining an
ownership interest in the Property, the Defendant became obligated to pay to the Plaintiff
assessments and other charges, all as set forth in the Restrictions.
Defendant has been mailed statements from Plaintiff requesting payment of the amount
due and owing to the Plaintiff but, despite such requests, Defendant has failed and refused, and
continues to fail and refuse to pay such amount. Attached as Exhibit A is a breakdown of the
amount owed as of the date of filing this Original Petition. The breakdown does not reflect the
total amount of attorney’s fees owed as a result of the collection of assessments and other charges
owed. Interest will continue to accrue on the principal balance until the total amount due is paid
in full.
For the above-described reasons, the Defendant is obligated to pay to the Plaintiff the balance
due for unpaid assessments and other charges authorized by the Restrictions or applicable law
together with court costs and reasonable attorney’s fees.
Plaintiff requests judgment against the Defendant for all amounts that are legally due and
owing to Plaintiff.
IX. REQUEST FOR FORECLOSURE OF PLAINTIFF’S LIEN ON AMOUNTS SECURED BY
PLAINTIFF’S LIEN ON THE PROPERTY
The Restrictions reserve to Plaintiff a lien on the Property to secure the payment of
assessments and certain other charges due and owing on the assessment account of the Property.
Plaintiff is entitled to foreclose its lien on the portion of the total amount due and owing to
the Plaintiff that is secured by the Plaintiff’s lien on the Property.
X. ATTORNEY’S FEES AND COSTS
Plaintiff is entitled to recover attorney’s fees pursuant to the Restrictions.
In addition, and/or in the alternative, in an action based on breach of a restrictive
covenant pertaining to real property, the Court shall allow to a prevailing party who asserted the
action reasonable attorney’s fees in addition to the party’s costs and claim. TEX. PROP. CODE ANN.
§ 5.006 (Vernon 1984).
In the alternative, Plaintiff is entitled to recover its reasonable attorney’s fees and costs
pursuant to Section 38.001 of the Civil Practice & Remedies Code for a breach of contract.
Plaintiff designates the undersigned attorneys as expert witnesses on reasonable and
necessary attorney’s fees and costs of litigation incurred by the Plaintiff in connection with this
suit.
XI. CONDITIONS PRECEDENT
All conditions precedent have been performed or have occurred. TEX. R. CIV. P. 54.
PRAYER
WHEREFORE, PREMISES CONSIDERED, the Plaintiff prays that the Defendant be
cited to appear and answer this Petition and, that on a full and final hearing on this cause, that:
1. The Plaintiff have judgment against Defendant for all charges legally due and owing
to the Plaintiff on the assessment account of the Property that are not secured by the
Plaintiff’s lien on the Property together with any additional unsecured charges that
may accrue prior to judgment;
2. The Plaintiff have judgment against Defendant for all charges legally due and owing
to Plaintiff on the assessment account of the Property that are secured by the Plaintiff’
s lien on the Property together with any additional charges that are secured by the
Plaintiff’s lien on the Property that may accrue prior to judgment;
3. The Plaintiff be awarded reasonable attorney's fees (plus additional reasonable post-
judgment attorney fees and expenses) and costs pursuant to the terms of the
Restrictions and/or the Texas Property Code;
4. The Plaintiff have foreclosure of its lien created by the provisions of the Restrictions
on the amounts awarded for numbers 2 and 3 above on the following described
Property owned by the Defendant:
Lot Two (2), in Block Four (4), of Rayford Ridge, Section Three (3), an addition in
Montgomery County, Texas, according to the map or plat thereof recorded in Cabinet Z, Sheet
1000 of the Map Records of Montgomery County, Texas more commonly known as 443
Carson Ridge Dr, Spring, TX 77386;
5. An Order of Sale shall issue to any sheriff or any constable within the State of Texas,
directing the sheriff or constable to seize and sell the Property the same as under
execution, in satisfaction of the final judgment in this cause subject to any superior
liens provided for in the Restrictions or at law, if any;
6. The Plaintiff be allowed all such writs and processes as may be necessary to enforce
and collect the final judgment in this cause, including all reasonable attorney’s fees
incurred in any such proceedings, and that execution issue for the judgment; and
7. The Plaintiff be awarded post-judgment interest on the entire amount awarded,
including attorney’s fees, at the interest rate authorized in the Restrictions or, where
applicable, at the highest rate allowed by law, from the date of judgment until fully
paid, together with all costs of court, and all such other and further relief, special or
general, at law or in equity, to which Plaintiff may show itself justly entitled or as the
Court may deem just.
Respectfully submitted,
ROBERTS MARKEL WEINBERG BUTLER HAILEY PC
/s/ Pooja Patel
Pooja Patel
TBN: 24103354
ppatel@rmwbh.com
Eric B. Tonsul
TBN: 24029865
etonsul@rmwbh.com
2800 Post Oak Boulevard, Suite 5777
Houston, Texas 77056
(713) 780-4135
Attorneys for Plaintiff
PAP/SAO/SAO - 4645-00067
ITEMIZATION OF AMOUNT DUE
(“S” = Secured; “U” = Unsecured)
Year Type Amount
2022 Assessments (S)(A) $260.00
2022 Assoc. Collection Costs (S)(A) $67.64
2022 Interest (S)(A) $58.32
2023 Assessments (S)(A) $260.00
2023 Assoc. Administrative Costs (S)(A) $100.00
2023 Assoc. Collection Costs (S)(A) $67.64
2023 Interest (S)(A) $32.40
2023 Late Fees (S)(A) $6.50
2023 RMWBH Collection Attorney Fees (S)(A) $635.00
2024 Assessments (S)(A) $286.00
2024 Interest (S)(A) $7.14
2024 RMWBH Collection Attorney Fees (S)(A) $425.00
Total $2,205.64
* The Total Amount Due does not include attorney’s fees and court costs related to the preparation and
filing of this lawsuit, additional assessments and other charges that may accrue on your assessment
account prior to a final judgment, and interest on unpaid assessments that may accrue prior to judgment.
Please contact the attorney for the full balance to satisfy this matter.
EXHIBIT A