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CAUSE NO.
RIVERPARK ON THE BRAZOS PROPERTY § IN THE DISTRICT COURT
OWNERS ASSOCIATION, INC.
VS. FORT BEND COUNTY, TEXAS
PEDRON. FRAIRIE, JR. JUDICIAL DISTRICT
PLAINTIFF'S ORIGINAL PETITION
FOR PERMANENT INJUNCTION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW RIVERPARK ON THE BRAZOS PROPERTY OWNERS ASSOCIATION,
INC., hereinafter referred to as "Plaintiff." and files this its Original Petition for Permanent
Injunction complaining of PEDRON. FRAIRIE, JR.. hereinafter referred to as "Defendant," and for
cause ofaction would respectfully show unto the Court the following:
1 Pursuant to Rule 190.1 of the Texas Rules of Civil Procedure, discovery is intended
to be conducted under Level 2.
>
2 Defendant is a resident citizen of Fort Bend County, Texas, who can be served with
process at 2522 Willow Springs Lane, Sugar Land Texas 77479 or wherever may be found.
3. Plaintiff is the authorized governing body of Riverpark Section nine, (the
"Subdivision"). Defendant is the record owner of a lot in the Subdivision. Specifically, said lot is
described as 2522 Willow Springs Lane, Sugar Land Texas 77479, and being further described as:
" Lot Four (4), in Block Three (3). of RIVERPARK, SECTION NINE (9), an
addition in Fort Bend County, ‘exas according to the map or plat thereof recorded
in Slide Nos. 1978/B and 1979/A of the Plat records of Fort Bend County, Texas "
4 At County Clerk's File No. 9828170 of the Official Public Records of Real Property
of Fort Bend County, Texas, there is recorded an instrument entitled "Declaration of Covenants,
Conditions and Restrictions for Riverpark (Residential Properties)" establishing restrictive
OS17V11802 POP PL 3802 0403 23 Pe lot's
covenants applicable to all lots in the Subdivision (hereinafter referred to as "Plaintiffs
Restrictions"). Subsequent to the establishment of said restrictive covenants, Defendant purchased
the aforementioned lot and all improvements thereon which purchase was made expressly subject
to the terms of the restrictive covenants for the Subdivision.
According to the terms of Plaintiff's Restrictions, Defendant has violated Article VII,
entitled "General Restrictions", Section 3, entitled "Nuisance", which states in pertinent part, as
follows:
"It shall be the responsibility of the Owner to prevent the development of any
unclean, unhealthy, unsightly, or unkempt condition on his or her property. "
Additionally, to the terms of Plaintiff's Restrictions, Defendant has violated Article VII
entitled "General Restrictions", Section 5, entitled "Owner's Maintenance," which states in pertinent
part, as follows:
"Each Owner of a Unit shall at all times be obligated to maintain his portion of the
Restricted Property and all improvements thereupon...., so as to keep same inaclean,
sightly and safe condition and to conform with any specific standards which the
"
Board of Directors may adopt by resolution for the Restricted Property.
in that Defendant has failed to remove/replace the tattered window blinds in the second story of the
house.
6 Plaintiff has informed Defendant in writing that the failure to remove/replace the
tattered window blinds in the second story of the house is in violation of Plaintiff's Restrictions, but
Defendant has refused and failed and continue to refuse to comply with Plaintiff's Restrictions.
7 Defendant's violation of Plaintiff's Restrictions is a distinct and substantial breach of
the restrictions placed on each lot in the Subdivision for the benefit of the other lots in Riverpark
Section Nine. Further, Defendant's violation, ifallowed to continue permanently, will cause Plaintiff
irreparable damage of a continuing nature for which it has no adequate remedy at law in that such
violations will lower the visual and aesthetic quality of the Subdivision as a whole and will induce
OS17¥11S02 POP PI 3802 04103 23 Pe 2of5
further violations of these and other Restrictions by other property owners within the Subdivision.
Further, this breach will cause the progressive deterioration of property values of the other lots in
the Subdivision and it is not possible to precisely ascertain the extent of such damages.
8 As a result of Defendant's violations, Plaintiff
has been compelled to engage the
services of the law firm of Bartley & Spears, P.C. to enforce the terms and provisions of Plaintiff's
Restrictions. Defendant is therefore liable to Plaintiff , in accordance with Plaintiff's Restrictions,
for reasonable attorney's fees incurred herein or, alternatively, liable to Plaintiffin accordance with
V.T.C.A. Property Code Section 5.006 for reasonable attorney's fees together with costs incurred
herein as well as any appeals taken in this cause.
9. Additionally, pursuant to V.T.C.A. Property Code, Section 202.004(c), Defendant
is liable for civil damages for Defendant's violations of Plaintiff's Restrictions in an amount not to
exceed $200.00 per day for each day of violation of Plaintiff's Restrictions.
10. Plaintiff sues Defendant for prejudgment interest on all sums which became due
pursuant to Plaintiff's Restrictions and were not paid by Defendant, from the date or dates such sums
became due and payable through the date of the trial of this cause. Plaintiff sues Defendant for post-
judgment interest at the maximum legal rate from the date of judgment through the date Plaintiff's
judgment is paid.
I. All conditions precedent necessary for recovery of the relief requested by Plaintiff
have been satisfied.
WHEREFORE, PREMISES CONSIDERED, Plaintiff RIVERPARK ON THE BRAZOS
PROPERTY OWNERS ASSOCIATION, INC. requests that Defendant be cited to appear and
answer herein, and Judgment against Defendant PEDRO N. FRAIRIE, JR., as follows:
| For a permanent mandatory injunction;
22. For all reasonable attorney's fees and costs of court incurred herein;
(081711802 POPPt 3802 0405 2 Pe 3 of 5
For civil damages to be assessed against Defendant in an amount not exceeding
$200.00 per day for each day of violation of Plaintiff's Restrictions;
For interest at the maximum legal rate on any judgment which is rendered from the
date it was rendered until paid;
For such other and further relief, both general and special, at law or in equity as the
Court deems appropriate and to which Plaintiff may be justly entitled.
ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF
THE UNITED STATES. IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE
MILITARY DUTY, INCLUDING ACTIVE MILITARY DUTY AS A MEMBER OF THE
TEXAS NATIONAL GUARD OR THE NATIONAL GUARD OF ANOTHER STATE ORAS
A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED
STATES, PLEASE SEND WRITTEN NOTICE OF THE ACTIVE DUTY MILITARY
SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATELY. YOU MAY HAVE
SPECIAL RIGHTS OR RELIEF RELATED TO THE ENFORCEMENT ACTION UNDER
FEDERAL LAW, INCLUDING THE SERVICEMEMBERS CIVIL RELIEF ACT (50 U.S.C.
APP. SECTION 501 ET SEQ.), IF THE OWNER IS SERVING ON ACTIVE MILITARY
DUTY.
Respectfully submitted,
BARTLEY & SPEARS, P.C.
By:_/s/ Walter E. Spears
Walter E. Spears
State Bar No. 18898350
Jeffrey B. Hardaway
State Bar No. 24038254
2002 West Grand Parkway N.. Suite 150
Katy, Texas 77449
(281) 531-0501 Telephone
(281) 493-1539 Telecopier
Email: wspears@bartleyspears.com
Email: jhardaway@bartleyspears.com
ATTORNEYS FOR PLAINTIFF
OSE7VTIS02 POP PL E802 4408 24 Pe dots
VERIFICATION
THE STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME, the undersigned authority, on this day personally appeared, Kim Moore,
Property Manager employed by C. I. A. Services, Inc., Managing Agent for the Riverpark on the
Brazos Property Owners Association, Inc., who being by me first duly sworn on her oath did depose
and state that she is a duly authorized agent for the Plaintiff, the Riverpark on the Brazos Property
Owners Association, Inc., that she has read the foregoing Plaintiff's Original Petition for Permanent
Injunction and that every factual allegation contained therein is within her personal knowledge and
XY
is true and correct.
\
re AV fone,
Kim’Mokre, Property Manager for C. I. A.
Services, ., Managing Agent for Riverpark
on the Brazos Property Owners Association,
Inc.
SUBSCRIBED AND SWORN TO BEFORE ME by the said , Kim Moore, Property
Manager for C. I. A. Services, Inc., Managing Agent for the Riverpark on the Brazos Property
Owners Association, Inc., on the DP day of June , 2023, to certify which witness my
hand and seal of office.
PLLLLLSLISISSISL 2 Den ralia QCeme :
CEPTS PRINCELLA ALEMAN Notary Public in and for The State of Texas
1
128070210
JOTARY PUBLIC, STATE OF TE: XA
MY COMMISSION EXPIRES
OCTOBER 30, 2025
(051711502 POP PI 3802 0403 29 Pe SofS
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CAUSE NO. RIVERPARK ON THE BRAZOS PROPERTY § IN THE DISTRICT COURT OWNERS ASSOCIATION, INC. VS. FORT BEND COUNTY, TEXAS PEDRON. FRAIRIE, JR. JUDICIAL DISTRICT PLAINTIFF'S ORIGINAL PETITION FOR PERMANENT INJUNCTION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW RIVERPARK ON THE BRAZOS PROPERTY OWNERS ASSOCIATION, INC., hereinafter referred to as "Plaintiff." and files this its Original Petition for Permanent Injunction complaining of PEDRON. FRAIRIE, JR.. hereinafter referred to as "Defendant," and for cause ofaction would respectfully show unto the Court the following: 1 Pursuant to Rule 190.1 of the Texas Rules of Civil Procedure, discovery is intended to be conducted under Level 2. > 2 Defendant is a resident citizen of Fort Bend County, Texas, who can be served with process at 2522 Willow Springs Lane, Sugar Land Texas 77479 or wherever may be found. 3. Plaintiff is the authorized governing body of Riverpark Section nine, (the "Subdivision"). Defendant is the record owner of a lot in the Subdivision. Specifically, said lot is described as 2522 Willow Springs Lane, Sugar Land Texas 77479, and being further described as: " Lot Four (4), in Block Three (3). of RIVERPARK, SECTION NINE (9), an addition in Fort Bend County, ‘exas according to the map or plat thereof recorded in Slide Nos. 1978/B and 1979/A of the Plat records of Fort Bend County, Texas " 4 At County Clerk's File No. 9828170 of the Official Public Records of Real Property of Fort Bend County, Texas, there is recorded an instrument entitled "Declaration of Covenants, Conditions and Restrictions for Riverpark (Residential Properties)" establishing restrictive OS17V11802 POP PL 3802 0403 23 Pe lot's covenants applicable to all lots in the Subdivision (hereinafter referred to as "Plaintiffs Restrictions"). Subsequent to the establishment of said restrictive covenants, Defendant purchased the aforementioned lot and all improvements thereon which purchase was made expressly subject to the terms of the restrictive covenants for the Subdivision. According to the terms of Plaintiff's Restrictions, Defendant has violated Article VII, entitled "General Restrictions", Section 3, entitled "Nuisance", which states in pertinent part, as follows: "It shall be the responsibility of the Owner to prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her property. " Additionally, to the terms of Plaintiff's Restrictions, Defendant has violated Article VII entitled "General Restrictions", Section 5, entitled "Owner's Maintenance," which states in pertinent part, as follows: "Each Owner of a Unit shall at all times be obligated to maintain his portion of the Restricted Property and all improvements thereupon...., so as to keep same inaclean, sightly and safe condition and to conform with any specific standards which the " Board of Directors may adopt by resolution for the Restricted Property. in that Defendant has failed to remove/replace the tattered window blinds in the second story of the house. 6 Plaintiff has informed Defendant in writing that the failure to remove/replace the tattered window blinds in the second story of the house is in violation of Plaintiff's Restrictions, but Defendant has refused and failed and continue to refuse to comply with Plaintiff's Restrictions. 7 Defendant's violation of Plaintiff's Restrictions is a distinct and substantial breach of the restrictions placed on each lot in the Subdivision for the benefit of the other lots in Riverpark Section Nine. Further, Defendant's violation, ifallowed to continue permanently, will cause Plaintiff irreparable damage of a continuing nature for which it has no adequate remedy at law in that such violations will lower the visual and aesthetic quality of the Subdivision as a whole and will induce OS17¥11S02 POP PI 3802 04103 23 Pe 2of5 further violations of these and other Restrictions by other property owners within the Subdivision. Further, this breach will cause the progressive deterioration of property values of the other lots in the Subdivision and it is not possible to precisely ascertain the extent of such damages. 8 As a result of Defendant's violations, Plaintiff has been compelled to engage the services of the law firm of Bartley & Spears, P.C. to enforce the terms and provisions of Plaintiff's Restrictions. Defendant is therefore liable to Plaintiff , in accordance with Plaintiff's Restrictions, for reasonable attorney's fees incurred herein or, alternatively, liable to Plaintiffin accordance with V.T.C.A. Property Code Section 5.006 for reasonable attorney's fees together with costs incurred herein as well as any appeals taken in this cause. 9. Additionally, pursuant to V.T.C.A. Property Code, Section 202.004(c), Defendant is liable for civil damages for Defendant's violations of Plaintiff's Restrictions in an amount not to exceed $200.00 per day for each day of violation of Plaintiff's Restrictions. 10. Plaintiff sues Defendant for prejudgment interest on all sums which became due pursuant to Plaintiff's Restrictions and were not paid by Defendant, from the date or dates such sums became due and payable through the date of the trial of this cause. Plaintiff sues Defendant for post- judgment interest at the maximum legal rate from the date of judgment through the date Plaintiff's judgment is paid. I. All conditions precedent necessary for recovery of the relief requested by Plaintiff have been satisfied. WHEREFORE, PREMISES CONSIDERED, Plaintiff RIVERPARK ON THE BRAZOS PROPERTY OWNERS ASSOCIATION, INC. requests that Defendant be cited to appear and answer herein, and Judgment against Defendant PEDRO N. FRAIRIE, JR., as follows: | For a permanent mandatory injunction; 22. For all reasonable attorney's fees and costs of court incurred herein; (081711802 POPPt 3802 0405 2 Pe 3 of 5 For civil damages to be assessed against Defendant in an amount not exceeding $200.00 per day for each day of violation of Plaintiff's Restrictions; For interest at the maximum legal rate on any judgment which is rendered from the date it was rendered until paid; For such other and further relief, both general and special, at law or in equity as the Court deems appropriate and to which Plaintiff may be justly entitled. ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES. IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE MILITARY DUTY, INCLUDING ACTIVE MILITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR THE NATIONAL GUARD OF ANOTHER STATE ORAS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES, PLEASE SEND WRITTEN NOTICE OF THE ACTIVE DUTY MILITARY SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATELY. YOU MAY HAVE SPECIAL RIGHTS OR RELIEF RELATED TO THE ENFORCEMENT ACTION UNDER FEDERAL LAW, INCLUDING THE SERVICEMEMBERS CIVIL RELIEF ACT (50 U.S.C. APP. SECTION 501 ET SEQ.), IF THE OWNER IS SERVING ON ACTIVE MILITARY DUTY. Respectfully submitted, BARTLEY & SPEARS, P.C. By:_/s/ Walter E. Spears Walter E. Spears State Bar No. 18898350 Jeffrey B. Hardaway State Bar No. 24038254 2002 West Grand Parkway N.. Suite 150 Katy, Texas 77449 (281) 531-0501 Telephone (281) 493-1539 Telecopier Email: wspears@bartleyspears.com Email: jhardaway@bartleyspears.com ATTORNEYS FOR PLAINTIFF OSE7VTIS02 POP PL E802 4408 24 Pe dots VERIFICATION THE STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned authority, on this day personally appeared, Kim Moore, Property Manager employed by C. I. A. Services, Inc., Managing Agent for the Riverpark on the Brazos Property Owners Association, Inc., who being by me first duly sworn on her oath did depose and state that she is a duly authorized agent for the Plaintiff, the Riverpark on the Brazos Property Owners Association, Inc., that she has read the foregoing Plaintiff's Original Petition for Permanent Injunction and that every factual allegation contained therein is within her personal knowledge and XY is true and correct. \ re AV fone, Kim’Mokre, Property Manager for C. I. A. Services, ., Managing Agent for Riverpark on the Brazos Property Owners Association, Inc. SUBSCRIBED AND SWORN TO BEFORE ME by the said , Kim Moore, Property Manager for C. I. A. Services, Inc., Managing Agent for the Riverpark on the Brazos Property Owners Association, Inc., on the DP day of June , 2023, to certify which witness my hand and seal of office. PLLLLLSLISISSISL 2 Den ralia QCeme : CEPTS PRINCELLA ALEMAN Notary Public in and for The State of Texas 1 128070210 JOTARY PUBLIC, STATE OF TE: XA MY COMMISSION EXPIRES OCTOBER 30, 2025 (051711502 POP PI 3802 0403 29 Pe SofS