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No. 1999 - 24323
STERLING GREEN
COMMUNITY
IN THE DISTRICT COURT OF
IMPROVEMENT ASSOCIATION,
Plaintiff
HARRIS COUNTY, TEXAS
REGINA E. JENKINS,
Defendant
JUDICIAL DISTRICT
PLAINTIFF'S ORIGINAL PETITION STERLING GREEN COMMUNITY
IMPROVEMENT ASSOCIATION, ("Plaintiff') files this its Original Petition
to collect delinquent amounts due and owing upon land owned by REGINA E.
JENKINS ("Defendant"), together with interest which has accrued on such
assessments, to recover attorneys' fees, costs of Court, and to foreclose
upon a lien. In support of this cause of action, Plaintiff would
respectfully show unto this Honorable Court the following:
Parties
I . Plaintiff is a
non-profit corporation duly organized and existing under the laws of the
State of Texas with its offices and its principal place of business in
Harris County, Texas.
2. Defendant, REGINA
E. JENKINS, is an individual who is the owner of the land in HARRIS County,
Texas upon which Plaintiff sues, who resides in HARRIS County, and who
may be served with process herein at 1514 GREAT DOVER CIRCLE, CHANNELVIEW,
HARRIS COUNTY, TEXAS 77530.
Factual Background
3.
Plaintiff is a non-profit corporation comprised of persons who reside and
own
homes in the STERLING
GREEN Subdivision ("the Subdivision"), an addition in and to
HARRIS County, Texas.
Defendant is the owner of a residence within the Subdivision, the same
being more particularly described as follows:
All that certain tract
of land being a part of Lot Thirty-Six (36), in Block Two (2), of STERLING
GREEN. SECTION NINE (9), according to the map or plat thereof recorded
in Volume 291, Page 101 of the Map Records of Harris County, Texas (the
"Property”)
4. The Defendant became
vested with title to the above-described real property by GENERAL WARRANTY
DEED recorded in the Real Property Records of HARRIS County, Texas.
The deed provides that such conveyance was made and accepted subject to
any and all restrictions, easements and mineral reservations, if any, affecting
the use of the premises conveyed.
5. On the date of the
transfer of title to the Defendant, there was of record in the office of
the County Clerk of HARRIS County, Texas, an instrument entitled Declaration
of Covenants, Conditions, and Restrictions ("Declaration") for the Subdivision
recorded and filed in the Real Property Records of the County Clerk of
HARRIS County, Texas. Notice is hereby given that a copy of said
Declaration and evidence of title will be offered into evidence at the
time of trial.
6.
Under the Declaration, the Declarant, as owner of the therein described
property (including
the Property) imposed upon the subdivision certain covenants running with
the title to the Property expressly for the benefit of and to be enforced
by Plaintiff.
7. The Declaration
provides that all owners of real property in the Subdivision covenant and
agree to pay to Plaintiff all amounts due on their assessments account
together with interest, costs and reasonable attorneys' fees. The
Declaration further provides that the obligation to pay such amounts are
a charge against an owner's real property and that a continuing lien exists
thereon to secure payment of the amounts stated above.
8 . The Declaration
further provides that Plaintiff may bring an action in law against the
owner personally obligated to pay said amounts and foreclose the lien charged
against the owner's real property.
Causes of Action
9 . The Defendant has
violated the above described provisions of the Declaration and others related
thereto, by failing to pay accrued legal fees and other amounts assessed
against the Property. To date, Defendant is indebted to Plaintiff
in the amount of $176.74, such sum being comprised of delinquent maintenance
fees, late charges, collection costs, as well as interest
incurred ("the Indebtedness").
10. Plaintiff would
show that it has kept a systematic record of the Defendants
maintenance fee assessment
account.
11. Despite repeated
written requests to Defendant by Plaintiff to pay the delinquent assessments,
costs and fees, Defendant has failed and refused and continues to fail
and refuse to pay the Indebtedness. As a consequence of Defendants
actions, Plaintiff has been damaged.
12. Plaintiff avers
that all conditions precedent with respect to Plaintiff ‘s claims against
Defendant have been performed or have occurred..
13. Plaintiff would
further show that the Declaration Provides for a lien to be charged against
Defendant's Property to secure the Indebtedness, a statement of which has
been filed and is on record in the Real Property Records of HARRIS County,
Texas. The Declaration further provides for the foreclosure of this
lien and, accordingly, Plaintiff requests this Court establish its lien
on the Property, foreclose same, and order sale of the Property to satisfy
the outstanding Indebtedness.
14. As a result of
the Defendant's failure to pay the Indebtedness, Plaintiff was compelled
to employ the undersigned law firm to enforce the provisions of the Declaration
relating to the payment of maintenance fee assessments. Plaintiff
would show the Court that the recovery of attorneys' fees is authorized
under the terms of the Declaration, pursuant to Section 38.001,et. seq..
of the Texas Practices and Remedies Code, as well as through Article 5.006
of the Property Code of the State of Texas. Plaintiff alleges its
attorneys' fees will be at least $2,500.00 (Two Thousand Five Hundred and
00/100 Dollars) as of the time of trial, with an additional $700.00 (Seven
Hundred and 00/100 Dollars) for cost of foreclosure, as well as an additional
$3,000.00 (Three Thousand and 00/100 Dollars) contingent on the filing
of an appeal of this case.
WHEREFORE, STERLING
GREEN COMMUNITY IMPROVEMENT
ASSOCIATION, Plaintiff,
requests that:
(1) Defendant be cited
to appear and answer herein;
(2) Upon final hearing
hereof, Plaintiff have judgment against Defendant for:
(a) Actual damages
as stated above;
(b) Prejudgment interest
at the highest legal rate from the date that each portion of the delinquent
assessment was due;
(c) Post judgment interest
at the highest per annum rate allowed by Texas law;
(d) Plaintiff s reasonable
and necessary attorneys' fees as stated above;
(e) Costs of Court;
and
(3) Upon final trial,
Plaintiff have establishment of and foreclosure upon the lien securing
Defendant's obligations, and for order of sale.
(4) Such other and
further relief, both legal and equitable, to which Plaintiff may show itself
justly entitled.
Respectfully submitted, WILLIAM G. GAMMON & ASSOCIATES
By: (signature)
William G. Gammon, P.C.
State Bar No. 07611300
Robert C. Blackburn, P.C.
State Bar No. 00796214
I Greenway Plaza, Suite 1005
Houston, Texas 77046-0104
(713) 964-5340
(713) 964-5341 (Fax)
ATTORNEYS FOR PLAINTIFF,
STERLING GREEN COMMUNITY
IMPROVEMENT ASSOCIATION
238-90241
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