http://www.chron.com/cs/CDA/story.ht...olitan/1834433
Lisa Wright's website with full details and disclosure -
http://www.wrightlandscapefortexas.itgo.com/
March 28, 2003, 10:35AM
Homeowner avoids jail over yard
She'll be fined $100 per day until it's clean
By JO ANN ZUNIGA
Copyright 2003 Houston Chronicle =
A Harris County resident Thursday was ordered to pay $100 a day until =
she cleans up her front yard of "natural" vegetation that has angered =
her homeowners association. =
Lisa Wright, 55, could have been imprisoned for violating a court =
order requiring her to clean up her property, but County Court at Law =
No. 2 Judge Gary Michael Block said he decided against jailing her at =
this time. =
"I'm not going to make you a martyr by putting you in jail," Block =
said. =
"But I still believe you are in violation of your order," the judge =
said. He fined Wright until the case or the yard is cleared up. "If =
you want to rack up a fine of $100 a day, that's your fault." =
Wright agreed to the order last year, but said Thursday that she had =
previously suffered a stroke and was not in a clear frame of mind =
before she signed it. =
"If it takes me to be a martyr, I'll do what it takes to help any =
homeowner," Wright said after Thursday's hearing. =
Wright, unemployed and living on unemployment assistance, said the =
fine would place almost as much of a hardship on her as jail. =
Wright was ordered to clean up her property in the Sundown Glen =
subdivision near Katy after members of the homeowners association =
there said she was violating deed restrictions and filed suit. Over =
the past 10 years, she has cultivated a collection of red cedars, =
crepe myrtles and wood sorrel ground cover, along with an overcup oak, =
a Barbados cherry tree and a Mexican plum. Dozens of other plants, large =
and small, dot the yard. =
Block had ordered Wright to return to court Thursday to start a =
24-hour jail sentence for contempt. =
"The reason the court is angry is because this was your word to agree. =
It's your word you broke," Block told Wright. =
"Whether you were ill or not, none of that was brought to my attention =
at the time," the judge said. =
Wright was surrounded by her lawyer, Helen Mayfield, and a group of =
homeowners who say associations sometimes infringe on their rights. =
"The judge stayed punishment, but then he added another punishment," =
Mayfield said. "I thought we did away with debtors' prison." =
Sherry Carey of Crest Management, which oversees deed restriction =
violations for the association, said Wright's house is not visible =
from the street and a fire hydrant was only recently discovered under =
the growth. =
"The association had no intent for her to go to jail. But we have to =
watch out for the sanitary and health concerns of all the
residents," Carey said. =
Sundown Glen, an early 1980s subdivision comprising several square =
blocks of middle-class homes north of Katy Freeway and west of =
Barker-Cypress Road, has mostly short grass lawns, a few ornamental =
shrubs and a shade tree or two. =
Wright, Mayfield and Jane Janecek, attorney for the homeowners group, =
are scheduled to reappear before Block on April 4 to argue over =
motions for a new trial and constitutional issues that Mayfield is =
raising. =
***This is Lisa's earlier word about it:***
My name is Lisa Wright & I need help! I've lived in Sundown Glen =
Subdivision (north Fry Rd, Katy) for 15yrs. My front yard has been a =
wildlife habitat for 12 of those 15yrs. When I started my project I =
read my deed restrictions carefully to be sure I wasn't in violation. =
I'm not some plant lover who stuck natives in her yard & called it a =
habitat! I have a degree in Horticulture, have worked as a landscape =
designer specializing in wildlife habitats using Texas native plants, =
taught a landscaping class through Leisure Learning for several years, =
& I am twice-past President of the Houston chapter of the Native Plant =
Society of Texas. I've also had a garden featured in the Chronicle & =
one in Texas Gardener magazine. My yard is certified by Texas Parks & =
Wildlife Dept, #1740! So I know what I'm doing=85I learned from the =
best in the business=85the late Lynn Lowrey, Sally Wasowski, who has =
written several books on natives, and a very creative local designer, =
Will Fleming.
During all those years the HOA never bothered me, except to send an =
occasional notice to edge the sidewalk & curb. I freely confess=85I had =
an aggressive ground cover that would try to cover the sidewalk & =
take-on the street. I would promptly attend to it. And as for weeds, =
there is no such thing! The definition of a weed is "a plant growing =
where you don't want it"=85 I wanted & planted each plant in my yard. =
Then I got a notice that I was being sued. I hired an attorney, went =
to mediation on July 12, 2002 & agreed to do certain things, just to =
appease the HOA & "make them go away" as my attorney put it. Two =
items I balked at=85I felt I was being discriminated against, as no one =
else in this neighborhood is required to do them. But I =
signed=85reluctantly=85I had had a stroke on June 4th, then lost my job o=
n =
July 8th. I was doing good just to be upright with the help of a =
cane, & wondering when I would have the second stroke, as so often =
happens, the one that kills.
I told the HOA the items would be done by a certain date & a =
particular board member could inspect my property. The items were =
completed but the "inspector" just couldn't find the time to come by, =
even though he has to pass my street to go home. I heard nothing else =
from the HOA until Jan 31st when I found a Contempt of Court notice =
taped to my front door. I have to appear in court Wednesday, Feb 19th =
to show cause why I should not go to jail!
I have not violated any deed restrictions, I held up my end of the =
agreement, yet the HOA has charged me in excess of $8,000 in legal =
fees. And now I have to pay my attorney an additional $750 to defend =
me. I am a "national statistic"=85female, single, middle-aged (55), & =
jobless. I'm not on unemployment insurance & have exhausted all my =
money on medical bills. I'm one month in arrears in my utilities & =
two months on my mortgage. If I can't bring it current by March 10th =
Washington Mutual will start foreclosure proceedings. I've even had =
to swallow my pride to go to a food pantry & a free clinic to get my =
medication. Needless to say I've got much more important matters to =
deal with than the HOA!
The HOAs in Texas, and especially Harris County, have too power, as we =
have seen lately. My attorney advises me to get as much media =
coverage as possible=85DonnaLee Keith with Channel 26 will aired a story =
Weds, Feb19th, @ 12Noon after court. The Katy Times ran a story =
Sunday, Feb 23rd and the Houston Chronicle will be running a story =
in the near future, as will be Channel 2. I have gotten great =
encouragement from various government agencies, plant societies, & =
wildlife groups.
Please, I need public support, this could happen to any homeowner! =
It's time to call your Congressmen!! Homeowners have NO RIGHTS! The =
Homestead Exemption Act no longer protects us!
Check out 2 websites:
www.hoadata.org & =
www.stoptexashoaforeclosures.com =
***HOA board members a Pres Mike Hill, VP Paul Orlando, Sec =
Kerry Crellin (281-579-7759), Tres Pat Valdez & Trish Hendrickson. =
Four apparently have unlisted #s as they are not listed in the book. =
The management company is Crest Management, 281-579-0761. Mgr Carolyn =
Bond, Property Mgr Tami Martin, Asst Property Mgr Lori Bornachella.
LisaGay Wright
2922 High Plains Dr
Katy TX 77449
281-398-1900
Since court on the 19th my attorney has asked to withdraw from the =
case. & the Judge allowed an additional $1,500 in attorney fees for =
the HOA. =
***With $100 a day fine, it wouldn't be long before she's out in the =
cold. My feeling is that she could appreciate any donations along =
with support from us that we can give her.***
-- =
J. Kolenovsky, A+, Network +, MCP
=F4=BF=F4 -
http://www.celestialhabitats.com - commercial
=F4=BF=F4 -
http://www.hal-pc.org/~garden/personal.html