Preview
5/18/2023 10:14 AM
Marilyn Burgess - District Clerk Harris County
Envelope No. 75763845
2023-30923 / Court: 215 By: Nelson Cuero
Filed: 5/18/2023 10:14 AM
CAUSE NO.
MEYERLAND COMMUNITY IN THE DISTRICT COURT OF
IMPROVEMENT ASSOCIATION
VS. HARRIS COUNTY, TEXAS
BRYAN LOBO JUDICIAL DISTRICT
PLAINTIFF’S ORIGINAL PETITION AND
REQUEST FOR PERMANENT INJUNCTION
MEYERLAND COMMUNITY IMPROVEMENT ASSOCIATION files Plaintiff’ s Original Petition
and Request for Permanent Injunction complaining of BRYAN LOBO and shows the following:
DISCOVERY CONTROL PLAN
1 Discovery is intended to be conducted under Level 2 of the Texas Rules of Civil
Procedure, Rule 190.
RELIEF SOUGHT - RULE 47
2 Plaintiff affirmatively pleads that it seeks monetary relief of $250,000 or less and
non-monetary relief.
PARTIES
3 Meyerland Community Improvement Association, is a Texas non-profit corporation
transacting business in Harris County, Texas.
4 Bryan Lobo is an individual who may be served with process at 6143 Sycamore
Avenue, Pasadena, Texas 77503, or wherever else he may be found.
811015\00344\01669175.WPD 1
VENUE
5 Venue is proper in Harris County, Texas, because all of the events, or a substantial
portion of events, bringing rise to this cause of action occurred in Harris County, Texas. The
property that is the subject of this lawsuit is located in Harris County, Texas. This case is within the
jurisdictional limits of this court.
NATURE OF THE CASE
6 This lawsuit has been filed by Plaintiff to enforce restrictive covenants as a result of
Defendant’s neglect of his property and failure to comply with the deed restrictions.
7 Plaintiffhas been organized for the purpose of caring for and maintaining Meyerland,
asubdivision in Harris County, Texas (the "Subdivision"), and generally attending to the best interest
of the property owners in the Subdivision.
8 Defendant owns real property commonly known as 5023 Cheena, Houston, legally
described as: Lot Seven (7), in Block Two (2) of Replat "A", Meyerland, Section No. Eight (8), a
subdivision in Harris County, Texas, according to the map or plat thereof, recorded in Volume 55,
Page 3, of the Map Records of Harris County, Texas (the "Property").
9 By virtue of Defendant’s ownership in the Property, Defendant is subject to the
restrictive covenants recorded for Meyerland, Section Eight — A, known as Amended and Restated
Deed Restrictions for Meyerland, Section Eight — F (8F) recorded under Clerk’s File No. N908700,
as supplemented and amended from time to time (“Deed Restrictions”). The Deed Restrictions
govern the Defendant’s use and enjoyment of the Property. The purpose of the Deed Restrictions
is to establish a uniform plan for the development, improvement, and use of any unit or property
within the Subdivision to ensure the preservation of the values and amenities for the benefit of both
present and future owners of the units or properties located within the Subdivision.
811015\00344\01669175.WPD 1 2-
VIOLATIONS
10. Among other things, the Deed Restrictions establish certain standards by which all
properties in the Subdivision must be maintained. Section 10 of the Deed Restrictions requires all
owners to maintain their property in good repair as follows:
All residences and other buildings located within the subdivision must be kept in
good repair and must be painted when necessary to preserve their attractiveness. . .
ll. In addition, the Deed Restrictions expressly prohibit any activity which may become
anuisance. Section 11 of the Deed Restrictions provides:
No noxious or offensive activity shall be permitted to occur on any Lot, nor shall
anything be done thereon, which may be or become an annoyance or nuisance to Lot
Owners or Residents of nearby Lots. No Lot Owner shall permit or continue to
permit the erections, placement, or existence upon the Lot Owner's Lot any condition
which endangers the health of any neighboring Lot Owner or Resident, nor which
disturbs the reasonable enjoyment of any neighboring property by its owner or
resident.
12. The Defendant has violated express terms of the Deed Restrictions by failing to
properly care for and maintain the Property and improvements located thereon. Namely:
a. The dwelling has become dilapidated and is uninhabitable. Defendant has
failed to make necessary repairs to bring the structure to a neat, attractive, and
habitable condition;
The Defendant applied for approval to elevate the structure, which was
approved. Nevertheless, the Defendant has failed to complete construction
as required by agreement and by the Construction Rules Policy;
The construction fence is dilapidated and must be repaired or replaced; and
The yard and landscaping has become unkempt. Defendant must perform
routine yard maintenance, including: the need to mow, weed eat, edge the
yard, trim the hedges, bushes and/or trees, remove the weeds from the seams
of the sidewalk and driveway, and remove the tree debris from the Property.
13. Plaintiff advised Defendant of the violation before filing suit. To date, Defendant has
failed and refused to cure the violations. A photo depicting the condition of the Property is attached
as Exhibit A.
811015\00344\01669175.WPD 1 -3-
INJUNCTIVE RELIEF
14. Defendant’s continued violation of the express terms of the Deed Restrictions are
clear, distinct, and harmful. The violations are detrimental to the Subdivision and run afoul of the
general plan and scheme of Subdivision and community-wide standard therein, causing imminent
harm and irreparable injury to the Plaintiff. Plaintiff cannot be adequately compensated with
damages and has no adequate remedy at law.
15. Accordingly, Plaintiffrequest that the court award it a permanent injunction requiring
Defendant to:
Complete the repairs necessary to bring the structure to a neat, attractive, and
habitable condition within 90 days;
Complete the structure elevation as approved by the Association’s
architectural review authority within 90 days;
Repair or replace the construction fence within 10 days; and
Perform routine yard maintenance, including: mowing, weed eating, edging
the yard, trimming the hedges, bushes and/or trees, removing the weeds from
the seams of the sidewalk and driveway, and removing the tree debris from
the Property within 10 days.
CONDITIONS PRECEDENT
16. All conditions precedent to filing this suit and Plaintiff's right to recovery have been
performed.
ATTORNEYS’ FEES & COSTS
17 As a result of Defendant’s violations of the Deed Restrictions and failure to timely
cure, Plaintiff was forced to retain the legal services of Hoover Slovacek LLP. The Association has
a right to enforce, by proceeding at law or in equity, all restrictions, conditions and covenants
imposed by the provisions of the Deed Restrictions.
811015\00344\01669175.WPD 1 -4.
18. Plaintiffis entitled to reimbursement of costs and attorneys’ fees incurred in enforcing
the restrictions pursuant to §5.006, §204.010, and §209.008 of the Texas Property Code as well as
Chapters 37 and 38 of the Texas Civil Practice & Remedies Code. As such, Plaintiff requests its
costs and attorney’s fees incurred in this matter.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that this Court award Plaintiff
the following remedies and damages against the Defendant:
a. A permanent mandatory injunction requiring Defendants to:
1 Complete the repairs necessary to bring the structure to a neat,
attractive, and habitable condition within 90 days;
i. Complete the structure elevation as approved by the
Association’s architectural review authority within 90 days;
iii. Repair or replace the construction fence within 10 days; and
Iv, Perform routine yard maintenance, including: mowing, weed
eating, edging the yard, trimming the hedges, bushes and/or
trees, removing the weeds from the seams of the sidewalk and
driveway, and removing the tree debris from the Property
within 10 days.
Reasonable and necessary costs and attorney’s fees;
Post-judgment interest on costs and fees at the rate of five percent (5%); and
Such other and further relief, at law or in equity, to which Plaintiffmay show
itself justly entitled.
811015\00344\01669175.WPD 1 -5-
Respectfully submitted,
HOOVER sLovacts
4,
By:
Jonathan irk
‘gi
State B, (600793,
5051 “sy Lite 1200
(718) 97 13) 977-5395 Fax
Hotst asf 7056
Em clatk@Hooverslovacek.com
ATTORN S FOR PLAINTIFF
811015\00344\01669175.WPD 1 -6-
CAUSE NO.
MEYERLAND COMMUNITY IN THE DISTRICT COURT OF
IMPROVEMENT ASSOCIATION
VS. HARRIS COUNTY, TEXAS
BRYAN LOBO JUDICIAL DISTRICT
VERIFICATION
STATE OF TEXAS §
§
COUNTY OF HARRIS §
BEFORE ME, the undersigned Notary Public, on this day personally appeared Monique
Cordoba, known to me to be the person whose signature appears below, and upon her oath deposed
and stated as follows:
“My name is Monique Cordoba. I am the Authorized Agent and Representative
for Meyerland Community Improvement Association, Plaintiff in the above-styled
and numbered cause. I have read the above and foregoing Plaintiff's Original
Petition and Request for Permanent Injunction. The factual statements contained
therein are within my personal knowledge and are true and correct.”
MEYERLAND COMMUNITY
IMPROVEMENT ASSOCIATION
By,
Monique Cordoba,
Authorized Agent and Representative
SUBSCRIBED AND SWORN TO before me this iV day of. Un wu »2023,
by the said Monique Cordoba, to which certify my hand C eal of office. 0
Siz, MINDY ALICIA VARGAS
s!
otary Public, State of Texa
Comm, Expires 07-06-2025
Notary ID 126786959
Notary Rublic, Statdof Texas
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Preview
5/18/2023 10:14 AM Marilyn Burgess - District Clerk Harris County Envelope No. 75763845 2023-30923 / Court: 215 By: Nelson Cuero Filed: 5/18/2023 10:14 AM CAUSE NO. MEYERLAND COMMUNITY IN THE DISTRICT COURT OF IMPROVEMENT ASSOCIATION VS. HARRIS COUNTY, TEXAS BRYAN LOBO JUDICIAL DISTRICT PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR PERMANENT INJUNCTION MEYERLAND COMMUNITY IMPROVEMENT ASSOCIATION files Plaintiff’ s Original Petition and Request for Permanent Injunction complaining of BRYAN LOBO and shows the following: DISCOVERY CONTROL PLAN 1 Discovery is intended to be conducted under Level 2 of the Texas Rules of Civil Procedure, Rule 190. RELIEF SOUGHT - RULE 47 2 Plaintiff affirmatively pleads that it seeks monetary relief of $250,000 or less and non-monetary relief. PARTIES 3 Meyerland Community Improvement Association, is a Texas non-profit corporation transacting business in Harris County, Texas. 4 Bryan Lobo is an individual who may be served with process at 6143 Sycamore Avenue, Pasadena, Texas 77503, or wherever else he may be found. 811015\00344\01669175.WPD 1 VENUE 5 Venue is proper in Harris County, Texas, because all of the events, or a substantial portion of events, bringing rise to this cause of action occurred in Harris County, Texas. The property that is the subject of this lawsuit is located in Harris County, Texas. This case is within the jurisdictional limits of this court. NATURE OF THE CASE 6 This lawsuit has been filed by Plaintiff to enforce restrictive covenants as a result of Defendant’s neglect of his property and failure to comply with the deed restrictions. 7 Plaintiffhas been organized for the purpose of caring for and maintaining Meyerland, asubdivision in Harris County, Texas (the "Subdivision"), and generally attending to the best interest of the property owners in the Subdivision. 8 Defendant owns real property commonly known as 5023 Cheena, Houston, legally described as: Lot Seven (7), in Block Two (2) of Replat "A", Meyerland, Section No. Eight (8), a subdivision in Harris County, Texas, according to the map or plat thereof, recorded in Volume 55, Page 3, of the Map Records of Harris County, Texas (the "Property"). 9 By virtue of Defendant’s ownership in the Property, Defendant is subject to the restrictive covenants recorded for Meyerland, Section Eight — A, known as Amended and Restated Deed Restrictions for Meyerland, Section Eight — F (8F) recorded under Clerk’s File No. N908700, as supplemented and amended from time to time (“Deed Restrictions”). The Deed Restrictions govern the Defendant’s use and enjoyment of the Property. The purpose of the Deed Restrictions is to establish a uniform plan for the development, improvement, and use of any unit or property within the Subdivision to ensure the preservation of the values and amenities for the benefit of both present and future owners of the units or properties located within the Subdivision. 811015\00344\01669175.WPD 1 2- VIOLATIONS 10. Among other things, the Deed Restrictions establish certain standards by which all properties in the Subdivision must be maintained. Section 10 of the Deed Restrictions requires all owners to maintain their property in good repair as follows: All residences and other buildings located within the subdivision must be kept in good repair and must be painted when necessary to preserve their attractiveness. . . ll. In addition, the Deed Restrictions expressly prohibit any activity which may become anuisance. Section 11 of the Deed Restrictions provides: No noxious or offensive activity shall be permitted to occur on any Lot, nor shall anything be done thereon, which may be or become an annoyance or nuisance to Lot Owners or Residents of nearby Lots. No Lot Owner shall permit or continue to permit the erections, placement, or existence upon the Lot Owner's Lot any condition which endangers the health of any neighboring Lot Owner or Resident, nor which disturbs the reasonable enjoyment of any neighboring property by its owner or resident. 12. The Defendant has violated express terms of the Deed Restrictions by failing to properly care for and maintain the Property and improvements located thereon. Namely: a. The dwelling has become dilapidated and is uninhabitable. Defendant has failed to make necessary repairs to bring the structure to a neat, attractive, and habitable condition; The Defendant applied for approval to elevate the structure, which was approved. Nevertheless, the Defendant has failed to complete construction as required by agreement and by the Construction Rules Policy; The construction fence is dilapidated and must be repaired or replaced; and The yard and landscaping has become unkempt. Defendant must perform routine yard maintenance, including: the need to mow, weed eat, edge the yard, trim the hedges, bushes and/or trees, remove the weeds from the seams of the sidewalk and driveway, and remove the tree debris from the Property. 13. Plaintiff advised Defendant of the violation before filing suit. To date, Defendant has failed and refused to cure the violations. A photo depicting the condition of the Property is attached as Exhibit A. 811015\00344\01669175.WPD 1 -3- INJUNCTIVE RELIEF 14. Defendant’s continued violation of the express terms of the Deed Restrictions are clear, distinct, and harmful. The violations are detrimental to the Subdivision and run afoul of the general plan and scheme of Subdivision and community-wide standard therein, causing imminent harm and irreparable injury to the Plaintiff. Plaintiff cannot be adequately compensated with damages and has no adequate remedy at law. 15. Accordingly, Plaintiffrequest that the court award it a permanent injunction requiring Defendant to: Complete the repairs necessary to bring the structure to a neat, attractive, and habitable condition within 90 days; Complete the structure elevation as approved by the Association’s architectural review authority within 90 days; Repair or replace the construction fence within 10 days; and Perform routine yard maintenance, including: mowing, weed eating, edging the yard, trimming the hedges, bushes and/or trees, removing the weeds from the seams of the sidewalk and driveway, and removing the tree debris from the Property within 10 days. CONDITIONS PRECEDENT 16. All conditions precedent to filing this suit and Plaintiff's right to recovery have been performed. ATTORNEYS’ FEES & COSTS 17 As a result of Defendant’s violations of the Deed Restrictions and failure to timely cure, Plaintiff was forced to retain the legal services of Hoover Slovacek LLP. The Association has a right to enforce, by proceeding at law or in equity, all restrictions, conditions and covenants imposed by the provisions of the Deed Restrictions. 811015\00344\01669175.WPD 1 -4. 18. Plaintiffis entitled to reimbursement of costs and attorneys’ fees incurred in enforcing the restrictions pursuant to §5.006, §204.010, and §209.008 of the Texas Property Code as well as Chapters 37 and 38 of the Texas Civil Practice & Remedies Code. As such, Plaintiff requests its costs and attorney’s fees incurred in this matter. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that this Court award Plaintiff the following remedies and damages against the Defendant: a. A permanent mandatory injunction requiring Defendants to: 1 Complete the repairs necessary to bring the structure to a neat, attractive, and habitable condition within 90 days; i. Complete the structure elevation as approved by the Association’s architectural review authority within 90 days; iii. Repair or replace the construction fence within 10 days; and Iv, Perform routine yard maintenance, including: mowing, weed eating, edging the yard, trimming the hedges, bushes and/or trees, removing the weeds from the seams of the sidewalk and driveway, and removing the tree debris from the Property within 10 days. Reasonable and necessary costs and attorney’s fees; Post-judgment interest on costs and fees at the rate of five percent (5%); and Such other and further relief, at law or in equity, to which Plaintiffmay show itself justly entitled. 811015\00344\01669175.WPD 1 -5- Respectfully submitted, HOOVER sLovacts 4, By: Jonathan irk ‘gi State B, (600793, 5051 “sy Lite 1200 (718) 97 13) 977-5395 Fax Hotst asf 7056 Em clatk@Hooverslovacek.com ATTORN S FOR PLAINTIFF 811015\00344\01669175.WPD 1 -6- CAUSE NO. MEYERLAND COMMUNITY IN THE DISTRICT COURT OF IMPROVEMENT ASSOCIATION VS. HARRIS COUNTY, TEXAS BRYAN LOBO JUDICIAL DISTRICT VERIFICATION STATE OF TEXAS § § COUNTY OF HARRIS § BEFORE ME, the undersigned Notary Public, on this day personally appeared Monique Cordoba, known to me to be the person whose signature appears below, and upon her oath deposed and stated as follows: “My name is Monique Cordoba. I am the Authorized Agent and Representative for Meyerland Community Improvement Association, Plaintiff in the above-styled and numbered cause. I have read the above and foregoing Plaintiff's Original Petition and Request for Permanent Injunction. The factual statements contained therein are within my personal knowledge and are true and correct.” MEYERLAND COMMUNITY IMPROVEMENT ASSOCIATION By, Monique Cordoba, Authorized Agent and Representative SUBSCRIBED AND SWORN TO before me this iV day of. Un wu »2023, by the said Monique Cordoba, to which certify my hand C eal of office. 0 Siz, MINDY ALICIA VARGAS s! otary Public, State of Texa Comm, Expires 07-06-2025 Notary ID 126786959 Notary Rublic, Statdof Texas ME _ 811015\00344\01669175.WPD 1 sa <\ Baa i me Re a i se i 4 Vv a baa fe a Ma ee as Ca eo alg 34 oes a 1 ay Oo ee W in jee aN e tae x ; it ae st Loy ot cS rh iF aM Cs i pu ee is eg i SS me io Se ao 3