Okay, I think some clarity is in order. While it's true she is certified by the
state, she is certified BACKYARD Wildlife Habitat. We are seeing photo's taken
in winter or when vegetation is not at its peak. In a sub-division this can be
seen as a huge mess.
My backyard is World Wildlife Federation certified. However, the front is kept
in a way which complies with how others maintain their properties. I have far
more species of plants in the front, and each week I remove more turf and put in
plants, but it is not complete with scraggly trees, Tarzan vines and the like.
What the story shows, in my opinion, is not fair to the other homeowners and
their ability to maintain their property value.
In my backyard; whole 'nother story. Anything goes, and it does. By the middle
of summer it is overrun with overgrown plants and weeds (though each year there
are less and less because I pull them before seeds germinate and hand dig out
the perennial weeds).
I admire Lisa for what she is trying to do, but in all due honesty she should
contain the wild look to her backyard so people can maintain some compliance
which compliments property value and curb appeal.
Victoria
On Sun, 30 Mar 2003 22:31:40 -0600, J Kolenovsky wrote:
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…I learned from the
best in the business…the 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…I 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"… 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…I felt I was being discriminated against, as no one
else in this neighborhood is required to do them. But I
signed…reluctantly…I had had a stroke on June 4th, then lost my job on
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"…female, 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…DonnaLee 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.***