Latrice Harris v. Highland Knolls Community Association

• Court: Court of Appeals of Texas
• Decided: March 26, 2015
• Docket: 01-15-00284-CV
• Status: Published

Opinion

on 3/26/2015 2:30:29 PM

OFFICE OF STAN STANART FILED IN COUNTY CLERK, HARRIS COUNTY, TEXAS 1st COURT OF APPEALS CIVIL COURTS DEPARTMENT HOUSTON, TEXAS 3/26/2015 2:34:19 PM March 26, 2015 CHRISTOPHER A. PRINE Clerk Court of Appeals 301 Fannin Houston, Texas 77002

LETTER OF ASSIGNMENT

Trial Court Docket Number: 908487 Trial Court Number: Two (2)

Style: LATRICE L. HARRIS VS. HIGHLAND KNOLLS COMMUNITY ASSOCIATION APPELLANT(S) APPELLEE(S)

Lucci Smith

Appellant(s) Appellee(s) Attorney: Latrice Pro Se E. Bartley, No. 01850500 2310 Enchanted Park Lane 14811 St. Lane, Suite 270 Katy, Texas 77450 Houston, Texas 77079 Phone: (281) 391-2505 Phone: (281) 531-0501 Fax: N/A Fax: N/A E-Mail: N/A E-Mail: N/A

Latrice L. Ha1ris, appellant, a Notice of Appeal on March 25, 2015 from the Final that was signed on April 8, 2008.

The Clerk’s Record due to your office on or before June 9, 2008.

/S/Joshua Alegria Joshua Alegria Deputy Clerk P.O. Box 1525 Houston, TX 77251-1525 (713) 755-64211>.o.

1525 I TX 77251-1525 I (713) 755-6421

1 1

1 COURT NO.

DATE.

PRIN ADDRESS: (STREET) (CITY) (STATE) (ZIP)

PHONE:

2 NO.908,487 CAUSE HIGHLAND KNOLLS COMMUNITY § THE COUNTY CIVIL COURT ASSOCIATION VS. § AT LAW NUMBER TWO (2)

LATRICE L. HARRIS H A R RI S COUNTY, T E X A S

AGREED JUDGMENT

KNOLLS COMMUNITY ASSOCIATION, On this day came on to be heard HIGHLAND

and LATRICE L. HARRIS, Defendant, for entry of an Agreed Final in this

cause. The Plaintiff appeared by and through its attomey of record and the Defendant appeared Pro

Se, and the parties to the Court that they had compromised and the issues of law

and fact in dispute herein. The Court proceeded to hear the evidence and arguments of the parties -

the Entry of an Agreed Final and that the Agreed Final Judgment should

be entered.

The Court, having read the papers and pleadings on is ofthe opinion that the allegations

of petition have been admitted and that the cause of action is unliquidated. Upon due and _

evidence submitted to the Court, the Court that Plaintiff has been·damaged in the

amount of $1,533.23 by Defendant, that Plaintiff is entitled to prejudgment interest in the amount

of $47.46, that Plaintiff is entitled to an award of reasonable and necessary attomey's fees from

Defendant, LATRICE L. HARRIS, through the trial of this cause in the of $2,340.00; that

Plaintiff is entitled to recover the additional amount of $1,200.00 in fees in the event

Defendant that Plaintiff is entitled the additional of a Motion for New Trial; to recover amount

3 $4,200.00 in attomey's fees in the event of an appeal to the of Appeals; that Plaintiff is entitled

to recover the amount of $4,200.00 in attomey's fees in the event a Petition for Review

is taken to the Supreme of the of Texas; and that Plaintiff is entitled to recover the

amount of $ I ,200.00 in attomey's fees in the event a Petition for Review is granted and

appeal is taken to the Supreme Court ofthe State Texas. It is, therefore,

ORDERED, ADJUDGED and DECREED that HIGHLAND KNOLLS

COMMUNITY ASSOCIATION, shall have and recover Defendant, L. HARRIS,

damages in the amount of $1,533.23, prejudgment interest in the amount of $47.46, and reasonable

attomey's fees in the amount of $2,340.00, and if Defendant, LATRICE L. HARRIS, a Motion

for New Trial, Plaintiff is entitled to recover the additional sum of $1,200.00; if an appeal is taken

to the Court of Appeals, Plaintiff is entitled to recover the additional sum of $4,200.00; if a Petition

for Review is taken to the Supreme Court of the State of Texas, Plaintiff is entitled to recover the

additional sum of $4,200.00; and if the Petition for Review is granted and appeal is taken to the

Supreme Court ofthe State of Texas, Plaintiff is entitled to recover the additional sum of $1,200.00.

It is, further,ORDERED,

ADJUDGED and DECREED that the hereby rendered shall bear

interest at the rate of ten (I0) percent per annum from the date of this Judgment until paid. It is,

further,ORDERED,

ADJUDGED and DECREED that HIGHLAND KNOLLS

COMMUNITY ASSOCIATION, have a lien for assessments, prejudgment interest, costs, and

attomeys' fees as set out in the Declaration of Covenants, Conditions and Restrictions recorded at

4 lClerk's

File No. N453622 of the Official Public Records of Real Property of Harris Texas,

at Article IV, of which is attached hereto, and/or Section 204.0l0(a)(l2) ofthe Texas a copy

Code on the following described to—wit:

Lot Twenty-seven (27), in Block Three (3), of Oak Park Trails, Section Eleven (1 1),

a subdivision in Harris County, Texas, according to the map or plat thereof recorded under Film Code No. 542033 of the Deed Records of Harris County, Texas.

lt is, further,ORDERED,

ADJUDGED and DECREED that of sale be issued Sheriff an order to any or

Constable within the State of to seize and to sell the above-described property the same as

under execution in satisfaction of this Judgment. It is, further,

ORDERED, ADJUDGED and DECREED that if the property be found, or if the

sale proceeds of the are insufficient to satisfy the Judgment, the Sheriff or Constable shall take the

money or unpaid balance out of the other property of the Defendant, as in the case of

execution. It is, further, _

ORDERED, ADJ UDGED and DECREED that if any surplus remains after the payment of

sums adjudged to be due, it should be deposited into the Registry of the Court to be paid in

satisfaction of any amounts owed to Plaintiff by Defendant through the date of payment of said sums,

for assessments, costs of collection, interest, attomey’s fees or other charges outstanding on the

property or the subject of this Judgment and which sums are evidenced by the lien or liens

in of Plaintiff, properly filed in the Real Property Records of Harris County, Texas, and if any _

surplus remains it should be refunded to Defendant. lt is,

5 I

and DECREED that all costs of Court expended or incurred in this

cause are hereby adjudged against the Defendant and all writs and processes for the enforcement and

of this Judgment for costs of Court may issue as

All not expressly granted herein is denied.

this day 8 20 .

APPROVED AS TO FORM AND SUBSTANCE: :: _ BARTLEY & SPEARS,

By;

Bartley State N0. 01850500 14811 270 Houston, 77079 281/531-0501 Telephone 281/493-1539 Telecopier

FOR

APPROVED AND AGREED TO: .

ATRIC S,

· .

6 c ass A. Class A members be all owners e

tion the Declarant and shall be entitled to one (1) vote

lot owned. than holds in more one an

all such be The vote such lot any persons

shall be exercised they themselves but in no as

event shall than vote be cast with to any lot. more one

Class B. The Class B shall be the Declarant and

shall be to three votes for each lot The

Class B shall cease and be to Class

ship the happening of of the following events, whichever on

a) when the total votes outstanding in Class A membership

equals the vote outstanding in Class B

duly areas, or

b) on January 1,

4.1 Creationof the and of The Declarant, for each lot within the properties,

covenants, and each owner of any lot by acceptance of a

deed therefor, whether not it shall in such or so

deed, is deemed to covenant and agree to pay to the Association:

a) annual assessments or charges which shall be payable as here-

inafter set forth, and b) special assessments

such assessments to be and collected as

hereinafter provided. The annual and special assessments,

with interests, costs and reasonable attorney fees, shall

be a charge on the land and shall be a continuing lien upon the

property against which each such assessment is made. Each such

assessment, together with interest, costs reasonable

fees, also be the personal of the who was

the owner of such property at the when assessment fell

due. The personal obligation for assessments shall not

to his successors in title unless expressly assumed by them. pass

7 — · The

the shall be used exclusively to promote the

recreation, safety and welfare of the of the

properties, including, but not limited to, improvement

maintenance the lighting, improving common area, and

· ing the and roads, and of and

refuse, employing policemen and/or caring for vacant

lots, esplanades, entrance and serving ways the

and in doing any other things desirable . necessary or

which the Board of Directors of the may deem

to keep the properties neat and presentable.

l of

the year immediately following the conveyance of the lot to

an owner, the maximum annual assessment shall be Two Ten and No/100 Dollars ($210.00) per From and the first

day of the immediately year the date of _

commencement of the annual assessment, the annual

assessment may be increased by the Board of of the

Association, the first day of January of each year, in

conformance with the rise, if any, in the for

Wage published by the Depart-

ment Labor, washington, D. C., or successor publication,

the preceding month of July or by an amount

egual to a five increase the _ over years annual

whichever greater, without vote of Members a of

the The maximum annual assessment be increased may

above that established by the Consumer Price Index formula the

percentage only by approval of two·-thirds

of each class of in the Association present and voting at

a meeting duly called for this In lieu notice purpose. of and a meeting of Members provided in . as the of the Association,

a door to canvass may he used to written secure the approval

two—thirds each class of Members for such increase

in the annual assessment in the special or assessment for

improvements ·as provided-below. increase shall become

8 — · _ _

on the date specified in the documen '·-

approval only after such document has for record in the

of the County of Harris County, Texas. consi-

deration current maintenance costs and future the

the Board of may fix the

at an amount not excess of the maximum amount by the

Members.

In addition to annual the

may levy, in any year, a special assessment

to that year only for the purpose

whole or in part, the cost any construction, re-construction,

repair replacement of a capital upon the common

area, and personal property related thereto,

provided that any such assessment shall have the vote or written

two—thirds of each of members.

Section and Quorum for Authorized

4.3 and notice of any meeting called

for the purpose of any action authorized under

or shall be sent to all members not less than days

nor more than (60) days in advance of the the

such meeting called, the presence of the members or of

proxies entitled to cast sixty percent of all of the votes

of each class of membership shall constitute a If the

required quorum is not present, may be called

subject to the same notice and the required quorum

at the subsequent meeting shall be one—ha1f (1/2) of the

quorum at the preceding No such subsequent meeting shall

be held more than sixty (60) days following preceding meeting.

4.6 Rate All lots

Parkway, Section Seventeen shall commence to bear their applicable

maintenance assessment simultaneously and owned by

Declarant are not exempt from assessment. Lots shall be

into two Class A lots and Class B lots. Class A

shall be lots on which a permanent home has been constructed

9 · Page and to such lot has been conveyed to the resident

thereof. B lots shall be all other lots are owned by

Declarant, a builder, or company and shall be assessed at

the rate of one—half (1/2) of the assessment above and

shall to the accrue on of either of the following

events occurs later:

a) when any lot has been with paved sewer

and other utilities, or

b) on the day of January,

Date of The

on each Class B lot in

accordance with Section above) shall become due and payable on

the date such lot converts from Class B lot to a a Class A lot

reason of the conveyance of title of such lot to a resident

purchaser thereof. The annual assessment charge on Class A lots

shall be as provided (according to Section and

The charge shall and become accrue due and

to each such lot on the day such lot converts from a Class lot

to a Class lot by reason of the title conveyance of of such lot

to a resident purchaser The determination of the . of such initial charge shall be adjusted according to the number

of months in the calendar year. The annual assessment

on each Class A lot and thereafter shall accrue and become due and payable on the first day of January of each succeeding year.

Board of Directors shall the amount the of annual assessment

against each lot at least thirty (30) days in advance

annual assessment period. of the annual assessment shall be sent to subject every owner The

shall, upon demand, and for a reasonable charge, furnish a

signed by an officer of the Association setting forth whether the assessments specified on a lot have been paid.

—

assessment not paid within thirty

days after the due date shall bear interest from the due date at the rate ten percent per annum. The

10 bring an action at law against the owner personally obligated to

pay the same, or foreclose the lien against the property. Each

such owner, by his of a deed to a lot, hereby

vests in the or its agents, the and power to

bring all such personally for the

of such as a debt and to enforce the lien all

for the such liens,

judicial foreclosure by an action brought in name

Association in like mortgage deed trust lien manner as a or

on real and such owner hereby expressly grants to the

a power sale connection the said lien. The

lien provided for in shall be in favor of the

and shall be for the benefit of all other lot owners.

No owner may or escape for the assess-

ments by non-use of the common area or aban-

donment his lot.

4.9 subordination of to The lien of the provided for shall be subordinate

to the lien of any first mortgage. Sale or transfer lot

shall not the assessment lien. However, the sale or of any lot pursuant to foreclosure or any

proceeding in lieu shall the such

assessments as to which become due prior to sale or

transfer. No sale or transfer shall relieve such lot from _ liability for any thereafter becoming due or the

thereof.

dedicated All properties to,

and accepted by, a local authority and all properties

by a charitable or non-profit exempt from taxation by

the laws of the State of Texas shall be exempt from the assess-

ments created herein. However, land or improvements devoted to no

dwelling use shall be exempt from said assessments.

a) The Board of Directors of the Association shall obtain

and continue in effect blanket property insurance to the · ~·

11 Page

and in the common and area the

of loss or damage by and other as are

covered under extended provisions, and said

may include

· b) The _ Board Directors of the Association may obtain

comprehensive in such limits as it

shall deem insuring the its Board of

Directors, agents and employees, and each owner, from and against

with the common area.

c) All costs, charges and all insurance that

the Board of Directors authorized as herein shall be a

common expense all owners and be part maintenance a the

assessment.ARTICLE

V

No building shall be erected, placed or altered

on any lots until building plans and and plot a

plan showing the locations such building has been approved in

to and harmony design with

structures in the and to location with as

respect to topography and grade by an

Control Committee composed of Coburn, III,

J. coquyt, and Stephen M. Pierce, or a representative

designated by a of the members said committee. the

event of death or resignation of member any said couunittee, the

member, or members, shall have full authority to appoint

a successor member or members who shall thereupon succeed to the

powers and the member so In the event

said committee its designated or representative, to approve

disapprove such and location within forty—five (45) days said plans and have been submitted to it,

such approval will not be required and this will covenant be

deemed to have been fully complied with. All of such

committee shall be final binding and there shall be no

ol