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Received and E-Filed for Record
12/30/2020 12:52 PM
Melisa Miller, District Clerk
Montgomery County, Texas
Deputy Clerk, Alexis Wall
No. 20-12-15976
_____________
§
§
RIVER PLANTATION COMMUNITY
§ Montgomery County - 457th Judicial District Court
IMPROVEMENT ASSOCIATION, INC.
§ IN THE _____ JUDICIAL DISTRICT COURT
§
VS. § OF MONTGOMERY COUNTY, TEXAS
§
LEONARD GICHANGI IRERI §
§
PLAINTIFF'S ORIGINAL PETITION
River Plantation Community Improvement Association, Inc. (hereinafter referred to as
"Plaintiff") files this Plaintiff's Original Petition against Leonard Gichangi Ireri (hereinafter
referred to as "Defendant), and in support thereof respectfully shows this Court the following:
PARTIES
1. Plaintiff, River Plantation Community Improvement Association, Inc., is a Texas non-
profit corporation that is duly organized and existing under the laws of the State of Texas.
Plaintiff's principal place of business is in Montgomery County, Texas. Plaintiff intends for
discovery to be conducted under Level 2 of Rule 190 of the Texas Rules of Civil Procedure.
2. Defendant, Leonard Gichangi Ireri, is an individual owning real property in
Montgomery County, Texas, and is the owner of the property made the basis of this lawsuit.
Such Defendant may be served with citation at Defendant's residence at 19200 Space Center
Blvd. APT# 2521, Houston, Texas 77058 or such other place where Defendant may be found.
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AUTHORITY FOR ASSESSMENTS
3. Plaintiff is comprised of property owners in the subject community. Defendant owns
real property in the subject community that is commonly known as 20 Brandon Rd, Conroe, TX
77302 (hereinafter referred to as the "Property), and more particularly described, to wit:
Lot 20, of River Plantation, Section 4, an addition in Montgomery County, Texas,
according to the map or plat thereof recorded in the Map Records of Montgomery
County, Texas, under Volume 8, Page 23, as modified by any supplements thereto
or replats thereof.
4. The Property is governed, in part, by an instrument filed of record with the Real
Property Records of Montgomery County, Texas. Such instrument is hereinafter referred to as
the “Declaration”, and more particularly known as the Restrictions for River Plantation, Section
4, recorded in the Real Property Records of Montgomery County, Texas, under Volume 663,
Page 0854, along with any amendments and any supplements thereto.
5. Defendant is charged with actual and constructive knowledge of the Declaration. The
Declaration and/or Texas law provide that property owners in the subject community shall pay
assessments to Plaintiff, along with any interest, attorney fees, and other costs of collection that
result from a property owners failure to timely pay Plaintiff. All sums assessed by Plaintiff and
not paid by a property owner shall bear interest at the rate provided for in the Declaration or such
other rate as allowed by law.
LIEN
6. Pursuant to the Declaration, all or a portion of the charges that have become due and
owing by the Defendant to Plaintiff constitute a charge on the land and a continuing lien against
the property. In this regard, Plaintiff will show that it has a lien against the Property.
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NOTICE OF DELINQUENCY
7. Defendant has an unpaid balance due and owing to Plaintiff for assessments and/or
related charges. Plaintiff gave Defendant multiple notices of the delinquency and informed
Defendant that failure to pay certain delinquent charges to Plaintiff within a given period would
result in Plaintiff taking the necessary steps to foreclose upon its lien.
DAMAGES
8. Defendant has failed and refused to pay the sums due and owing to Plaintiff in the
amount of at least Three Thousand Four Hundred Sixty-Eight and 23/100 Dollars ($3,468.23),
plus additional assessments, attorney's fees, cost and interest that have accrued and/or that will
accrue during the pendency of this matter. All offsets, payments and credits allowed are reflected
in the said amount owing to Plaintiff by Defendant. Plaintiff now seeks a judgment for all sums
due and owing to it by Defendant and for the establishment and foreclosure of any existing lien
against the Property.
ATTORNEY FEES
9. In accordance with the Declaration, the Texas Property Code and the Texas Civil
Practice and Remedies Code, Plaintiff is entitled to reimbursement from Defendant for its
attorney fees and costs incurred in pursuing this action against Defendant. Plaintiff has retained
the undersigned attorneys to enforce its rights against Defendant. Therefore, Plaintiff is entitled
to an award from Defendant for reasonable and necessary attorney’s fees and costs. Additionally,
Plaintiff seeks those reasonable and necessary attorney's fees and cost that will likely be incurred
in collecting on any judgment awarded in this case. In the event of an attack upon the judgment,
Defendant should be required to reimburse Plaintiff for additional attorney’s fees and cost that
can reasonably be anticipated to be incurred in such an appeal.
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CONDITIONS PRECEDENT
10. All conditions precedent to Plaintiff recovering upon its claims herein have occurred
or been waived by Defendant.
RELIEF
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendant be cited to
appear and answer this Petition and that upon final trial of this cause, Plaintiff have a judgment
against Defendant as follows:
a. delinquent assessments and/or expenses;
b. post-judgment interest at the maximum rate allowed by the laws of
the State of Texas;
c. for all reasonable and necessary attorney’s fees incurred by
Plaintiff, including reasonable and necessary fees that are likely to
be incurred to collect upon any judgment obtained herein, as well
as reasonable and necessary fees that can be anticipated upon an
appeal of such judgment;
d. for all costs of court incurred by Plaintiff;
e. for the establishment and foreclosure of Plaintiff's lien against
Defendant's property and for an order of sale of Defendant's
property; and
f. for such other and further relief, both general and special, legal and
equitable, to which Plaintiff may be justly entitled.
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Respectfully submitted,
HOLT & YOUNG, P.C.
Kevin Gracey
State Bar No. 24109941
9821 Katy Freeway, Suite 350
Houston, Texas 77024
Phone No. (713) 510-1000
Fax No. (713) 510-1001
Email: kgracey@holtyoung.com
ATTORNEYS FOR PLAINTIFF
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Preview
Received and E-Filed for Record 12/30/2020 12:52 PM Melisa Miller, District Clerk Montgomery County, Texas Deputy Clerk, Alexis Wall No. 20-12-15976 _____________ § § RIVER PLANTATION COMMUNITY § Montgomery County - 457th Judicial District Court IMPROVEMENT ASSOCIATION, INC. § IN THE _____ JUDICIAL DISTRICT COURT § VS. § OF MONTGOMERY COUNTY, TEXAS § LEONARD GICHANGI IRERI § § PLAINTIFF'S ORIGINAL PETITION River Plantation Community Improvement Association, Inc. (hereinafter referred to as "Plaintiff") files this Plaintiff's Original Petition against Leonard Gichangi Ireri (hereinafter referred to as "Defendant), and in support thereof respectfully shows this Court the following: PARTIES 1. Plaintiff, River Plantation Community Improvement Association, Inc., is a Texas non- profit corporation that is duly organized and existing under the laws of the State of Texas. Plaintiff's principal place of business is in Montgomery County, Texas. Plaintiff intends for discovery to be conducted under Level 2 of Rule 190 of the Texas Rules of Civil Procedure. 2. Defendant, Leonard Gichangi Ireri, is an individual owning real property in Montgomery County, Texas, and is the owner of the property made the basis of this lawsuit. Such Defendant may be served with citation at Defendant's residence at 19200 Space Center Blvd. APT# 2521, Houston, Texas 77058 or such other place where Defendant may be found. 1 21906402 AUTHORITY FOR ASSESSMENTS 3. Plaintiff is comprised of property owners in the subject community. Defendant owns real property in the subject community that is commonly known as 20 Brandon Rd, Conroe, TX 77302 (hereinafter referred to as the "Property), and more particularly described, to wit: Lot 20, of River Plantation, Section 4, an addition in Montgomery County, Texas, according to the map or plat thereof recorded in the Map Records of Montgomery County, Texas, under Volume 8, Page 23, as modified by any supplements thereto or replats thereof. 4. The Property is governed, in part, by an instrument filed of record with the Real Property Records of Montgomery County, Texas. Such instrument is hereinafter referred to as the “Declaration”, and more particularly known as the Restrictions for River Plantation, Section 4, recorded in the Real Property Records of Montgomery County, Texas, under Volume 663, Page 0854, along with any amendments and any supplements thereto. 5. Defendant is charged with actual and constructive knowledge of the Declaration. The Declaration and/or Texas law provide that property owners in the subject community shall pay assessments to Plaintiff, along with any interest, attorney fees, and other costs of collection that result from a property owners failure to timely pay Plaintiff. All sums assessed by Plaintiff and not paid by a property owner shall bear interest at the rate provided for in the Declaration or such other rate as allowed by law. LIEN 6. Pursuant to the Declaration, all or a portion of the charges that have become due and owing by the Defendant to Plaintiff constitute a charge on the land and a continuing lien against the property. In this regard, Plaintiff will show that it has a lien against the Property. 2 21906402 NOTICE OF DELINQUENCY 7. Defendant has an unpaid balance due and owing to Plaintiff for assessments and/or related charges. Plaintiff gave Defendant multiple notices of the delinquency and informed Defendant that failure to pay certain delinquent charges to Plaintiff within a given period would result in Plaintiff taking the necessary steps to foreclose upon its lien. DAMAGES 8. Defendant has failed and refused to pay the sums due and owing to Plaintiff in the amount of at least Three Thousand Four Hundred Sixty-Eight and 23/100 Dollars ($3,468.23), plus additional assessments, attorney's fees, cost and interest that have accrued and/or that will accrue during the pendency of this matter. All offsets, payments and credits allowed are reflected in the said amount owing to Plaintiff by Defendant. Plaintiff now seeks a judgment for all sums due and owing to it by Defendant and for the establishment and foreclosure of any existing lien against the Property. ATTORNEY FEES 9. In accordance with the Declaration, the Texas Property Code and the Texas Civil Practice and Remedies Code, Plaintiff is entitled to reimbursement from Defendant for its attorney fees and costs incurred in pursuing this action against Defendant. Plaintiff has retained the undersigned attorneys to enforce its rights against Defendant. Therefore, Plaintiff is entitled to an award from Defendant for reasonable and necessary attorney’s fees and costs. Additionally, Plaintiff seeks those reasonable and necessary attorney's fees and cost that will likely be incurred in collecting on any judgment awarded in this case. In the event of an attack upon the judgment, Defendant should be required to reimburse Plaintiff for additional attorney’s fees and cost that can reasonably be anticipated to be incurred in such an appeal. 3 21906402 CONDITIONS PRECEDENT 10. All conditions precedent to Plaintiff recovering upon its claims herein have occurred or been waived by Defendant. RELIEF WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendant be cited to appear and answer this Petition and that upon final trial of this cause, Plaintiff have a judgment against Defendant as follows: a. delinquent assessments and/or expenses; b. post-judgment interest at the maximum rate allowed by the laws of the State of Texas; c. for all reasonable and necessary attorney’s fees incurred by Plaintiff, including reasonable and necessary fees that are likely to be incurred to collect upon any judgment obtained herein, as well as reasonable and necessary fees that can be anticipated upon an appeal of such judgment; d. for all costs of court incurred by Plaintiff; e. for the establishment and foreclosure of Plaintiff's lien against Defendant's property and for an order of sale of Defendant's property; and f. for such other and further relief, both general and special, legal and equitable, to which Plaintiff may be justly entitled. 4 21906402 Respectfully submitted, HOLT & YOUNG, P.C. Kevin Gracey State Bar No. 24109941 9821 Katy Freeway, Suite 350 Houston, Texas 77024 Phone No. (713) 510-1000 Fax No. (713) 510-1001 Email: kgracey@holtyoung.com ATTORNEYS FOR PLAINTIFF 5 21906402