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CAUSE NO.
RIVERPARK ON THE BRAZOS PROPERTY § IN THE DISTRICT COURT
OWNERS ASSOCIATION, INC. §
§
VS. § FORT BEND COUNTY, TEXAS
KIN-WAH NELSON NG, MEI-YEE LIM NG §
AND LAL-SHIM LUI § 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 KIN-WAH NELSON NG, MEI-YEE LIM NG and LAI-SHIM LUI,
hereinafter referred to as "Defendants," and for cause of action 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. Defendants are owners of a Property in Fort Bend County, Texas, who can be served
with process at Defendants’ residence located at ee.
3 Plaintiff is the authorized governing body of Riverpark Section Nine, (the
"Subdivision"). Defendants are the record owners of a lot in the Subdivision. Specifically, said lot
is described as x, and being further described as:
"Lot Seventeen (17), in Block Three (3) of Riverpark, Section Nine (9), a Subdivision
in Fort Bend County, Texas, according to the Map or Plat thereof recorded in Slide No.
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 covenants
(0626VEIS04 POP PI 3802.0397.23 Pg 1 of 5
applicable to all lots in the Subdivision (hereinafter referred to as "Plaintiffs Restrictions".)
Subsequent to the establishment of said restrictive covenants, Defendants purchased the
aforementioned lot and all improvements thereon which purchase was made expressly subject to the
terms of the restrictive covenants for the Subdivision.
5 According to the terms of Plaintiff's Restrictions, Defendants have violated Article
VII, entitled "General Restrictions", Section 3, entitled "Nuisance", which states in pertinent part,
as follows:
"Tt shall be the responsibility of each Owner to prevent the development of any
unclean, unhealthy, unsightly, or unkempt condition on his or her property. No
property within the Restricted Property shall be used, in whole or in part, for the
storage of any property or thing that will cause such property to appear to be in an
unclean or untidy condition or that will be obnoxious to the eye......"
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 in a clean,
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 Defendants have failed to remove any and all miscellaneous items from public view
(including items on the side of the house) and maintain Property in an attractive and healthy
condition.
6 Plaintiff has informed Defendants in writing that the failure to remove any and all
miscellaneous items from public view (including items on the side of the house) and maintain
Property in an attractive and healthy condition is in violation of Plaintiff's Restrictions, but
Defendants have refused and failed and continue to refuse to comply with Plaintiff's Restrictions.
7. Defendants' 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
(0626VHS04 POP PI 3802,0397.23 Pg2of5
Section Nine. Further, Defendants' 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
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 Defendants' 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. Defendants are therefore liable to Plaintiff , in accordance with Plaintiff's Restrictions,
for reasonable attorney's fees incurred herein or, alternatively, liable to Plaintiff in 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), Defendants
are liable for civil damages for Defendants' 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 Defendants for prejudgment interest on all sums which became due
pursuant to Plaintiff's Restrictions and were not paid by Defendants, from the date or dates such
sums became due and payable through the date of the trial of this cause. Plaintiff sues Defendants
for post-judgment interest at the maximum legal rate from the date of judgment through the date
Plaintiff's judgment is paid.
ll. 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 Defendants be cited to appear and
answer herein, and Judgment against Defendants KIN- WAH NELSON NG, MEI-YEE LIM NG and
(0626VHS04 POP PI 3802.0397.23 Pg3 of 5
LAI-SHIM LUI, jointly and severally, as follows:
1 For a permanent mandatory injunction;
2. For all reasonable attorney's fees and costs of court incurred herein;
For civil damages to be assessed against Defendants 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 OR
AS 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 North, Suite 150
Katy, Texas 77449
(281) 531-0501 Telephone
(281) 493-1539 Telecopier
Email: wspears@bartleyspears.com
Email: jhardaway@bartleyspears.com
ATTORNEYS FOR PLAINTIFF
(0626VH504 POP PI 3802,0397.23 Pg 4of5
THE STATE OF TEXAS §
VERIFICATION
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
is true and correct.
Kim ‘Mooré, rope! Manage! CIA
Services, Int., Manag) gent 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 24 tay of Duy ; 2023, to certify which witness my
hand and seal of office.
. LALL LL
LLL SLL LALLA
SS LSL
ALEXANDRIA P BAKEMAN 8
Med 2 galkeeg/”
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131348987
NOTARY PUBLIC, STATE OF TEXAS Notary Public in and for The State of Texas
MY GOMMISSION EXPIRES
NOVEMBER 13, 2025
4SMALL LL LLL LLL LS LL LS LS fae
A
(0626VH150$ POP PI 3802.0397.23, Pg5 of 5
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CAUSE NO. RIVERPARK ON THE BRAZOS PROPERTY § IN THE DISTRICT COURT OWNERS ASSOCIATION, INC. § § VS. § FORT BEND COUNTY, TEXAS KIN-WAH NELSON NG, MEI-YEE LIM NG § AND LAL-SHIM LUI § 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 KIN-WAH NELSON NG, MEI-YEE LIM NG and LAI-SHIM LUI, hereinafter referred to as "Defendants," and for cause of action 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. Defendants are owners of a Property in Fort Bend County, Texas, who can be served with process at Defendants’ residence located at ee. 3 Plaintiff is the authorized governing body of Riverpark Section Nine, (the "Subdivision"). Defendants are the record owners of a lot in the Subdivision. Specifically, said lot is described as x, and being further described as: "Lot Seventeen (17), in Block Three (3) of Riverpark, Section Nine (9), a Subdivision in Fort Bend County, Texas, according to the Map or Plat thereof recorded in Slide No. 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 covenants (0626VEIS04 POP PI 3802.0397.23 Pg 1 of 5 applicable to all lots in the Subdivision (hereinafter referred to as "Plaintiffs Restrictions".) Subsequent to the establishment of said restrictive covenants, Defendants purchased the aforementioned lot and all improvements thereon which purchase was made expressly subject to the terms of the restrictive covenants for the Subdivision. 5 According to the terms of Plaintiff's Restrictions, Defendants have violated Article VII, entitled "General Restrictions", Section 3, entitled "Nuisance", which states in pertinent part, as follows: "Tt shall be the responsibility of each Owner to prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her property. No property within the Restricted Property shall be used, in whole or in part, for the storage of any property or thing that will cause such property to appear to be in an unclean or untidy condition or that will be obnoxious to the eye......" 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 in a clean, 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 Defendants have failed to remove any and all miscellaneous items from public view (including items on the side of the house) and maintain Property in an attractive and healthy condition. 6 Plaintiff has informed Defendants in writing that the failure to remove any and all miscellaneous items from public view (including items on the side of the house) and maintain Property in an attractive and healthy condition is in violation of Plaintiff's Restrictions, but Defendants have refused and failed and continue to refuse to comply with Plaintiff's Restrictions. 7. Defendants' 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 (0626VHS04 POP PI 3802,0397.23 Pg2of5 Section Nine. Further, Defendants' 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 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 Defendants' 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. Defendants are therefore liable to Plaintiff , in accordance with Plaintiff's Restrictions, for reasonable attorney's fees incurred herein or, alternatively, liable to Plaintiff in 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), Defendants are liable for civil damages for Defendants' 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 Defendants for prejudgment interest on all sums which became due pursuant to Plaintiff's Restrictions and were not paid by Defendants, from the date or dates such sums became due and payable through the date of the trial of this cause. Plaintiff sues Defendants for post-judgment interest at the maximum legal rate from the date of judgment through the date Plaintiff's judgment is paid. ll. 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 Defendants be cited to appear and answer herein, and Judgment against Defendants KIN- WAH NELSON NG, MEI-YEE LIM NG and (0626VHS04 POP PI 3802.0397.23 Pg3 of 5 LAI-SHIM LUI, jointly and severally, as follows: 1 For a permanent mandatory injunction; 2. For all reasonable attorney's fees and costs of court incurred herein; For civil damages to be assessed against Defendants 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 OR AS 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 North, Suite 150 Katy, Texas 77449 (281) 531-0501 Telephone (281) 493-1539 Telecopier Email: wspears@bartleyspears.com Email: jhardaway@bartleyspears.com ATTORNEYS FOR PLAINTIFF (0626VH504 POP PI 3802,0397.23 Pg 4of5 THE STATE OF TEXAS § VERIFICATION 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 is true and correct. Kim ‘Mooré, rope! Manage! CIA Services, Int., Manag) gent 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 24 tay of Duy ; 2023, to certify which witness my hand and seal of office. . LALL LL LLL SLL LALLA SS LSL ALEXANDRIA P BAKEMAN 8 Med 2 galkeeg/” \ 131348987 NOTARY PUBLIC, STATE OF TEXAS Notary Public in and for The State of Texas MY GOMMISSION EXPIRES NOVEMBER 13, 2025 4SMALL LL LLL LLL LS LL LS LS fae A (0626VH150$ POP PI 3802.0397.23, Pg5 of 5