http://www.chron.com/cs/CDA/story.ht...olitan/1834433
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Lisa Wright's website with full details and disclosure -
http://www.wrightlandscapefortexas.itgo.com/
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March 28, 2003, 10:35AM
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Homeowner avoids jail over yard
She'll be fined $100 per day until it's clean
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By JO ANN ZUNIGA
Copyright 2003 Houston Chronicle
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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.
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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.
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"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."
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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.
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"If it takes me to be a martyr, I'll do what it takes to help any
homeowner," Wright said after Thursday's hearing.
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Wright, unemployed and living on unemployment assistance, said the
fine would place almost as much of a hardship on her as jail.
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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.
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Block had ordered Wright to return to court Thursday to start a
24-hour jail sentence for contempt.
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"The reason the court is angry is because this was your word to agree.
It's your word you broke," Block told Wright.
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"Whether you were ill or not, none of that was brought to my attention
at the time," the judge said.
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Wright was surrounded by her lawyer, Helen Mayfield, and a group of
homeowners who say associations sometimes infringe on their rights.
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"The judge stayed punishment, but then he added another punishment,"
Mayfield said. "I thought we did away with debtors' prison."
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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.
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"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.
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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.
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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.
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***This is Lisa's earlier word about it:***
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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.
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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
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 =
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.
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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!
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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!
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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.
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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!
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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.
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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.
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***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.***
***I sent her $50.00 to help out***
MORE.............................................. ...................
ALERT!! ALERT!! ALERT!!
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LISA WRIGHT IS GOING BACK TO COURT THIS FRIDAY, APRIL 4th, 9:00am.
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My attorney changed her schedule to comply with judge's....
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This will be the day Judge Block collects his $100 a day fine...good
luck!!...I surely don't have it.
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Ms.Mayfield says "MORE SUPPORT THE BETTER", and of course,
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Support is NOT what the Judge or the HOA
wants.
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Please...anyone who can attend would greatly be appreciated!!!
Please call the media and anyone else you think might be interested.
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9AM-Fri, Apr 4 301 Fannin,3rd Flr Harris Cty Civil Crt #2 Judge G
Block
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For cheap parking if you don't mind walking a bit: from the courthouse
on Fannin turn left on Preston, go down about 3 blocks to LaBranch
(almost to Enron Field) and turn right on LaBranch. Then about halfway
up the block, there is $1.50 per day parking on your left. You will need
6 quarters to put in the slot. There are other inexpensive parking lots
in this general area.
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THANK YOU!
LisaGay Wright
281-398-1900
ps...She was in Austin on Wednesday to support one of the anti-HOA bils
and saw Juge Block. He shouted out, "There's the lady who is making my
life miserable. The tree lady!" Then he introduced to 5 other judges and
they had a big hootenanny broo-haha. Is he making amends? He has had the
phone calls.
Currently there are 2 bills,HB 645 and SB 779 in the Texas Legislature
about water conservation and HOA's/POA's being so restrictive. It's
going to take a lot of education for the masses to know there are
alternative choices about environmental management and conservation.
J. Kolenovsky
http://www.celestialhabitats.com
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J. Kolenovsky, A+, Network +, MCP
=F4=BF=F4 -
http://www.celestialhabitats.com - commercial
=F4=BF=F4 -
http://www.hal-pc.org/~garden/personal.html