Preview
6/19/2023 12:59 PM
Marilyn Burgess - District Clerk Harris County
Envelope No. 76741548
2023-37585 / Court: 133 By: Beritta Barrett
Filed: 6/20/2023 12:00 AM
CAUSE NO.
INWOOD FOREST COMMUNITY IN THE DISTRICT COURT OF
IMPROVEMENT ASSOCIATION
VS. HARRIS COUNTY, TEXAS
CLIFFORD FRANKS and AUBORY JUDICIAL DISTRICT
FRANKS, jointly and severally
PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR PERMANENT
INJUNCTIVE RELIEF
COMES NOW, INWooD FOREST COMMUNITY IMPROVEMENT ASSOCIATION (“Plaintiff”), and
files this Plaintiff's Original Petition and Request for Permanent Injunctive Relief, complaining of
Defendants, CLIFFORD FRANKS and AUBORY FRANKS (“Defendants”), jointly and severally, and for
cause of action would show unto the Court the following:
DISCOVERY PLAN
1 Pursuant to Rule 190.1 of the Texas Rules of Civil Procedure, Plaintiff alleges that
it intends to conduct discovery under Level Two (2) of Rule 190.3 of the Texas Rules of Civil
Procedure.
RELIEF SOUGHT- RULE 47
2 Plaintiff affirmatively pleads that it seeks monetary relief of $250,000 or less and
non-monetary relief.
PARTIES
3 Plaintiff is a Texas non-profit corporation transacting business in Harris County,
Texas.
4 Defendant, CLIFFORD FRANKS, is an individual who may be served at 593 8 Darkwood.
171327\00628\01672336.WPD I
-1-
Drive, Houston, Texas 77088, or wherever else he may be found.
5 Defendant, AUBORY FRANKS, is an individual who may be served at 5938 Darkwood
Drive, Houston, Texas 77088, or wherever else she may be found.
VENUE
6 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
7. This lawsuit has been filed by Plaintiffin connection with a deed restriction violation.
8 Plaintiff has been organized for the purpose of caring for and maintaining Inwood
Forest, a subdivision in Harris County, Texas (the "Subdivision"), and generally attending to the best
interest of the property owners in the Subdivision.
9. The Defendants are the owners of a lot in the Subdivision, said lot being commonly
known as 5938 Darkwood Drive, Houston, Texas 77088, and legally described as:
Lot Twelve (12), in Block Two (2), of INWOOD FOREST,
SECTION THREE (3), a subdivision in HARRIS County, Texas,
according to the map or plat thereof recorded in Volume 146, Page
121, of the Map Records of HARRIS County, Texas (the "Property")
10. By virtue of Defendants’ ownership in the Property, it is subject to the Restrictions,
Inwood Forest Section Three (3), as supplemented and amended from time to time (the
"Declaration". The Declaration governs the Defendants’ use and enjoyment of the Property and are
filed in the Harris County Real Property Records. The purpose of the Declaration is to establish a
171327\00628\01672336.WPD I
-2-
uniform plan for the development, improvement, and use of any unit or property within the
Subdivision subject to the Declaration and 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.
11. In addition, §204.010(a)(6) of the Texas Property Code provides that a property
owners association, acting through its board of directors, may regulate the use, maintenance, repair,
replacement, modification, and appearance of the subdivision, and the Property is not in keeping
with the community-wide standard and is an eyesore.
DEED RESTRICTION VIOLATION
12. The Defendants have violated an express restrictive covenant in the Declaration.
Specifically, Defendants have committed the following violation at the Property:
a. Defendants have installed a driveway extension at the Property, without first
receiving approval from the Association’s Architectural Control Committee
(‘ACC’). The driveway expansion is unapprovable. Defendants are in
violation the ARCHITECTURAL AND OTHER SPECIFIC
RESTRICTIONS section of the Restrictions.
Defendant has installed a new fence at the Property without first receiving
approval from the Association’s ACC. Defendants are in violation the
ARCHITECTURAL AND OTHER SPECIFIC RESTRICTIONS section of
the Restrictions.
13. Defendants have been advised by Plaintiff on numerous occasions of the violations
of the Declaration. Defendants have failed and refused, and continue to fail and refuse, to undertake
the necessary curative measures to bring the Property into compliance with the governing documents
for the Association and the community-wide standard.
171327\00628\01672336.WPD 1 3.
INJUNCTIVE RELIEF
14. Plaintiff asserts that the aforementioned violation detrimentally affect and continue
to affect all neighboring property and landowners because the Properties fail to comport with the
community-wide standard and the deed restrictions. Defendants’ violations are clear, distinct,
continuing, and harmful, and as such, Plaintiff is entitled to permanent mandatory injunctive relief.
Plaintiff is without an adequate remedy at law.
CONDITIONS PRECEDENT
15. All conditions precedent to filing this suit and Plaintiffs right to recovery have been
performed or have occurred.
ATTORNEY FEES
16. Plaintiff seeks to recover its reasonable attorneys’ fees herein. Plaintiff has made
written demand for the Defendants to undertake curative measures. Plaintiff would respectfully show
unto this Court that the recovery of attorneys' fees is authorized pursuant to Chapters 37 and 38 of
the Civil Practice & Remedies Code and Sections 209.008 and 5.006 of the Texas Property Code.
Plaintiff therefore sues the Defendant for reasonable attorneys' fees including the Court's approval
of additional attorneys' fees in the event of an appeal.
17. Pursuant to Rule 166b of the Texas Rules of Civil Procedure, Plaintiff hereby
designates the undersigned attorney, Brandi J. Croffie, as its expert to testify as to reasonable and
necessary attorneys’ fees incurred by Plaintiff in the preparation, discovery, and trial of this lawsuit.
Plaintiff also designates any other counsel associated with the undersigned law firm who may be
handling this suit at the time of trial as its expert on the issue of reasonable and necessary attorneys’
fees incurred by the Plaintiff in this lawsuit.
171327\00628\01672336.WPD 1 4.
PRAYER
WHEREFORE, Plaintiff requests and prays that the Defendants be cited to appear and
answer, and that upon final trial hereof, Plaintiff have and recover as follows:
A A permanent mandatory injunction requiring Defendant to cure the violation
at the Property. Specifically, Plaintiff requests a permanent mandatory
injunction requiring the Defendants take the following action:
1 Within thirty (30) days of the date that judgment is entered,
Defendant must remove the impermissible driveway
extension and return the area at the Property to a neat and
attractive condition;
uy. Within thirty (30) days of the date that judgment is entered,
Defendant must submit an application, to the Association’s
Architectural Control Committee for the new fence, with
fence dimensions from ground level specified.
Reasonable and necessary attorney’s fees;
Pre-judgment and post-judgment interest;
All costs of Court expended by Plaintiff herein; and
Such other and further relief, at law or in equity, to which Plaintiff
may show itself justly entitled.
Respectfully submitted,
HOOVER SLOVACEK LLP
By: /s/ Brandi J. Croffie
Brandi J. Croffie
State Bar No. 24082873
Galleria Tower II
5051 Westheimer, Suite 1200
Houston, Texas 77056
(713) 977-8686/Fax: (713) 977-5395
croffie@hooverslovacek.com
ATTORNEYS FOR PLAINTIFF
171327\00628\01672336.WPD 1 5.
CAUSE NO.
INWOOD FOREST COMMUNITY IN THE DISTRICT COURT OF
IMPROVEMENT ASSOCIATION
VS. HARRIS COUNTY, TEXAS
CLIFFORD FRANKS and AUBORY JUDICIAL DISTRICT
FRANKS, jointly and severally
VERIFICATION
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
BEFORE ME, the undersigned Notary Public, on this day personally appeared, Bryan Pierce,
known to me to be the person whose signature appears below, and upon his oath deposed and stated
as follows:
My name is Bryan Pierce. Iam an employee of Genesis Community
Management, Inc. who is the managing agent for Inwood Forest
Community Improvement Association, Iam the manager responsible
for managing Inwood Forest. I have read the above and foregoing
Plaintiff's Original Petition and Request for Injunctive Relief. The
statements contained in paragraphs 12 through 13 are within my
personal knowledge and are true and correct.
INWOOD FOREST COMMUNITY
IMPROVEMENT ASSOCIATION, by and
through its managing agent, Genesis
Community Management
Bryan Pféfce, Manager
SUBSCRIBED AND SWORN TO before me this } ty of UNE 2023,
Notary Public in and for the State of Texas
171327\00628\01672336.WPD 1 -6-
is SANTOS JOSUE ACUNA
Notary 1D #133666772
My Commission Expires
March 24, 2026
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Angela Hernandez on behalf of Brandi Croffie
Bar No. 24082873
Hernandez@hooverslovacek.com
Envelope ID: 76741548
Filing Code Description: Petition
Filing Description: Plaintiff's Original Petition And Request For Permanent
Injunctive Relief
Status as of 6/20/2023 8:20 AM CST
Associated Case Party: Inwood Forest Community Improvement Association
Name BarNumber | Email TimestampSubmitted | Status
Brandi J. Croffie croffie@hooverslovacek.com | 6/19/2023 12:59:35 PM | SENT
Preview
6/19/2023 12:59 PM Marilyn Burgess - District Clerk Harris County Envelope No. 76741548 2023-37585 / Court: 133 By: Beritta Barrett Filed: 6/20/2023 12:00 AM CAUSE NO. INWOOD FOREST COMMUNITY IN THE DISTRICT COURT OF IMPROVEMENT ASSOCIATION VS. HARRIS COUNTY, TEXAS CLIFFORD FRANKS and AUBORY JUDICIAL DISTRICT FRANKS, jointly and severally PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR PERMANENT INJUNCTIVE RELIEF COMES NOW, INWooD FOREST COMMUNITY IMPROVEMENT ASSOCIATION (“Plaintiff”), and files this Plaintiff's Original Petition and Request for Permanent Injunctive Relief, complaining of Defendants, CLIFFORD FRANKS and AUBORY FRANKS (“Defendants”), jointly and severally, and for cause of action would show unto the Court the following: DISCOVERY PLAN 1 Pursuant to Rule 190.1 of the Texas Rules of Civil Procedure, Plaintiff alleges that it intends to conduct discovery under Level Two (2) of Rule 190.3 of the Texas Rules of Civil Procedure. RELIEF SOUGHT- RULE 47 2 Plaintiff affirmatively pleads that it seeks monetary relief of $250,000 or less and non-monetary relief. PARTIES 3 Plaintiff is a Texas non-profit corporation transacting business in Harris County, Texas. 4 Defendant, CLIFFORD FRANKS, is an individual who may be served at 593 8 Darkwood. 171327\00628\01672336.WPD I -1- Drive, Houston, Texas 77088, or wherever else he may be found. 5 Defendant, AUBORY FRANKS, is an individual who may be served at 5938 Darkwood Drive, Houston, Texas 77088, or wherever else she may be found. VENUE 6 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 7. This lawsuit has been filed by Plaintiffin connection with a deed restriction violation. 8 Plaintiff has been organized for the purpose of caring for and maintaining Inwood Forest, a subdivision in Harris County, Texas (the "Subdivision"), and generally attending to the best interest of the property owners in the Subdivision. 9. The Defendants are the owners of a lot in the Subdivision, said lot being commonly known as 5938 Darkwood Drive, Houston, Texas 77088, and legally described as: Lot Twelve (12), in Block Two (2), of INWOOD FOREST, SECTION THREE (3), a subdivision in HARRIS County, Texas, according to the map or plat thereof recorded in Volume 146, Page 121, of the Map Records of HARRIS County, Texas (the "Property") 10. By virtue of Defendants’ ownership in the Property, it is subject to the Restrictions, Inwood Forest Section Three (3), as supplemented and amended from time to time (the "Declaration". The Declaration governs the Defendants’ use and enjoyment of the Property and are filed in the Harris County Real Property Records. The purpose of the Declaration is to establish a 171327\00628\01672336.WPD I -2- uniform plan for the development, improvement, and use of any unit or property within the Subdivision subject to the Declaration and 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. 11. In addition, §204.010(a)(6) of the Texas Property Code provides that a property owners association, acting through its board of directors, may regulate the use, maintenance, repair, replacement, modification, and appearance of the subdivision, and the Property is not in keeping with the community-wide standard and is an eyesore. DEED RESTRICTION VIOLATION 12. The Defendants have violated an express restrictive covenant in the Declaration. Specifically, Defendants have committed the following violation at the Property: a. Defendants have installed a driveway extension at the Property, without first receiving approval from the Association’s Architectural Control Committee (‘ACC’). The driveway expansion is unapprovable. Defendants are in violation the ARCHITECTURAL AND OTHER SPECIFIC RESTRICTIONS section of the Restrictions. Defendant has installed a new fence at the Property without first receiving approval from the Association’s ACC. Defendants are in violation the ARCHITECTURAL AND OTHER SPECIFIC RESTRICTIONS section of the Restrictions. 13. Defendants have been advised by Plaintiff on numerous occasions of the violations of the Declaration. Defendants have failed and refused, and continue to fail and refuse, to undertake the necessary curative measures to bring the Property into compliance with the governing documents for the Association and the community-wide standard. 171327\00628\01672336.WPD 1 3. INJUNCTIVE RELIEF 14. Plaintiff asserts that the aforementioned violation detrimentally affect and continue to affect all neighboring property and landowners because the Properties fail to comport with the community-wide standard and the deed restrictions. Defendants’ violations are clear, distinct, continuing, and harmful, and as such, Plaintiff is entitled to permanent mandatory injunctive relief. Plaintiff is without an adequate remedy at law. CONDITIONS PRECEDENT 15. All conditions precedent to filing this suit and Plaintiffs right to recovery have been performed or have occurred. ATTORNEY FEES 16. Plaintiff seeks to recover its reasonable attorneys’ fees herein. Plaintiff has made written demand for the Defendants to undertake curative measures. Plaintiff would respectfully show unto this Court that the recovery of attorneys' fees is authorized pursuant to Chapters 37 and 38 of the Civil Practice & Remedies Code and Sections 209.008 and 5.006 of the Texas Property Code. Plaintiff therefore sues the Defendant for reasonable attorneys' fees including the Court's approval of additional attorneys' fees in the event of an appeal. 17. Pursuant to Rule 166b of the Texas Rules of Civil Procedure, Plaintiff hereby designates the undersigned attorney, Brandi J. Croffie, as its expert to testify as to reasonable and necessary attorneys’ fees incurred by Plaintiff in the preparation, discovery, and trial of this lawsuit. Plaintiff also designates any other counsel associated with the undersigned law firm who may be handling this suit at the time of trial as its expert on the issue of reasonable and necessary attorneys’ fees incurred by the Plaintiff in this lawsuit. 171327\00628\01672336.WPD 1 4. PRAYER WHEREFORE, Plaintiff requests and prays that the Defendants be cited to appear and answer, and that upon final trial hereof, Plaintiff have and recover as follows: A A permanent mandatory injunction requiring Defendant to cure the violation at the Property. Specifically, Plaintiff requests a permanent mandatory injunction requiring the Defendants take the following action: 1 Within thirty (30) days of the date that judgment is entered, Defendant must remove the impermissible driveway extension and return the area at the Property to a neat and attractive condition; uy. Within thirty (30) days of the date that judgment is entered, Defendant must submit an application, to the Association’s Architectural Control Committee for the new fence, with fence dimensions from ground level specified. Reasonable and necessary attorney’s fees; Pre-judgment and post-judgment interest; All costs of Court expended by Plaintiff herein; and Such other and further relief, at law or in equity, to which Plaintiff may show itself justly entitled. Respectfully submitted, HOOVER SLOVACEK LLP By: /s/ Brandi J. Croffie Brandi J. Croffie State Bar No. 24082873 Galleria Tower II 5051 Westheimer, Suite 1200 Houston, Texas 77056 (713) 977-8686/Fax: (713) 977-5395 croffie@hooverslovacek.com ATTORNEYS FOR PLAINTIFF 171327\00628\01672336.WPD 1 5. CAUSE NO. INWOOD FOREST COMMUNITY IN THE DISTRICT COURT OF IMPROVEMENT ASSOCIATION VS. HARRIS COUNTY, TEXAS CLIFFORD FRANKS and AUBORY JUDICIAL DISTRICT FRANKS, jointly and severally VERIFICATION THE STATE OF TEXAS § § COUNTY OF HARRIS § BEFORE ME, the undersigned Notary Public, on this day personally appeared, Bryan Pierce, known to me to be the person whose signature appears below, and upon his oath deposed and stated as follows: My name is Bryan Pierce. Iam an employee of Genesis Community Management, Inc. who is the managing agent for Inwood Forest Community Improvement Association, Iam the manager responsible for managing Inwood Forest. I have read the above and foregoing Plaintiff's Original Petition and Request for Injunctive Relief. The statements contained in paragraphs 12 through 13 are within my personal knowledge and are true and correct. INWOOD FOREST COMMUNITY IMPROVEMENT ASSOCIATION, by and through its managing agent, Genesis Community Management Bryan Pféfce, Manager SUBSCRIBED AND SWORN TO before me this } ty of UNE 2023, Notary Public in and for the State of Texas 171327\00628\01672336.WPD 1 -6- is SANTOS JOSUE ACUNA Notary 1D #133666772 My Commission Expires March 24, 2026 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Angela Hernandez on behalf of Brandi Croffie Bar No. 24082873 Hernandez@hooverslovacek.com Envelope ID: 76741548 Filing Code Description: Petition Filing Description: Plaintiff's Original Petition And Request For Permanent Injunctive Relief Status as of 6/20/2023 8:20 AM CST Associated Case Party: Inwood Forest Community Improvement Association Name BarNumber | Email TimestampSubmitted | Status Brandi J. Croffie croffie@hooverslovacek.com | 6/19/2023 12:59:35 PM | SENT