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
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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
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$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
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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,
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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
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surplus remains it should be refunded to Defendant. lt is,
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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,
·
.
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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
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·
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
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—
·
_
_
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
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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
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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
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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
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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
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