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
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.
=

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.***

***I sent her $50.00 to help out***

MORE.............................................. ...................

ALERT!! ALERT!! ALERT!!
=

LISA WRIGHT IS GOING BACK TO COURT THIS FRIDAY, APRIL 4th, 9:00am.
=

My attorney changed her schedule to comply with judge's....
=

This will be the day Judge Block collects his $100 a day fine...good
luck!!...I surely don't have it.
=

Ms.Mayfield says "MORE SUPPORT THE BETTER", and of course,
=

Support is NOT what the Judge or the HOA
wants.
=

Please...anyone who can attend would greatly be appreciated!!!
Please call the media and anyone else you think might be interested.
=

9AM-Fri, Apr 4 301 Fannin,3rd Flr Harris Cty Civil Crt #2 Judge G
Block
=

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.
=

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

-- =

J. Kolenovsky, A+, Network +, MCP
=F4=BF=F4 - http://www.celestialhabitats.com - commercial
=F4=BF=F4 - http://www.hal-pc.org/~garden/personal.html

J Kolenovsky expounded:

Homeowner avoids jail over yard

While it wouldn't bother me a bit to have her as my next door
neighbor, this is a prime example of why I would *never* live on
property that is governed by an HOA. No way I'd pay money to have
some busy-bodied group tell me how I could use my property.

--
Ann, Gardening in zone 6a
Just south of Boston, MA
********************************

Amen, Ann and say hello to the folks in South Yarmouth and Wood's Hole
for me.

J. Kolenovsky

Ann wrote:
=

J Kolenovsky expounded:
=

Homeowner avoids jail over yard
=

While it wouldn't bother me a bit to have her as my next door
neighbor, this is a prime example of why I would *never* live on
property that is governed by an HOA. No way I'd pay money to have
some busy-bodied group tell me how I could use my property.
=

--
Ann, Gardening in zone 6a
Just south of Boston, MA
********************************

-- =

J. Kolenovsky, A+, Network +, MCP
=F4=BF=F4 - http://www.celestialhabitats.com - commercial
=F4=BF=F4 - http://www.hal-pc.org/~garden/personal.html

On Fri, 04 Apr 2003 07:28:36 -0600, J Kolenovsky
wrote:

Amen, Ann and say hello to the folks in South Yarmouth and Wood's Hole
for me.

J. Kolenovsky

Ann wrote:

J Kolenovsky expounded:

Homeowner avoids jail over yard

While it wouldn't bother me a bit to have her as my next door
neighbor, this is a prime example of why I would *never* live on
property that is governed by an HOA. No way I'd pay money to have
some busy-bodied group tell me how I could use my property.

--
Ann, Gardening in zone 6a
Just south of Boston, MA
********************************

....just my two cents...

Just bought a brand new home with LOTS of land and unlimited
potential last fall because of this...

Before...we lived on a beautiful lake...with a POA...who kept
diddling with the covenant rules until you couldn't even have a (nice)
potting shed (or grape arbor) on your own property... *sigh*

The husband-person and I said "...to heck with that..." and
found a beautiful place in a very small town (sneeze and you'll miss
it) with the boys able to attend their same school system...but off
the lake and away from the POA...

Carla (...excited that it is finally Spring and watching my bulbs
bloom...here in Zone 5...)

dont have to buy into a subdivision like that. my mother bought cow pasture 60 years
ago and the burbs grew up around her and started passing "laws". she put up a fine
gauge wire rabbit fence to stop em eating everything and because the neighbors from
hell complained and turns out the city passed a law forbidding fences and they
ordered her to take it down or she would be fined $1000 per day. doesnt matter the
neighbor from hell couldnt see the fence unless she is standing on my mothers road.
there is no relief from creeping protection of "property rights", there is no
constitutional right to freedom from assinine laws. The only way to fight this is a
constitutional amendment limiting the number of laws or rules, so they want a new
rule they have to get rid of an old one. Ingrid


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
List Manager: Puregold Goldfish List
http://puregold.aquaria.net/
www.drsolo.com
Solve the problem, dont waste energy finding who's to blame
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Unfortunately, I receive no money, gifts, discounts or other
compensation for all the damn work I do, nor for any of the
endorsements or recommendations I make.

On Fri, 04 Apr 2003 14:05:03 GMT, wrote:

dont have to buy into a subdivision like that. my mother bought cow pasture 60 years
ago and the burbs grew up around her and started passing "laws". she put up a fine
gauge wire rabbit fence to stop em eating everything and because the neighbors from
hell complained and turns out the city passed a law forbidding fences and they
ordered her to take it down or she would be fined $1000 per day. doesnt matter the
neighbor from hell couldnt see the fence unless she is standing on my mothers road.
there is no relief from creeping protection of "property rights", there is no
constitutional right to freedom from assinine laws. The only way to fight this is a
constitutional amendment limiting the number of laws or rules, so they want a new
rule they have to get rid of an old one. Ingrid


Amen...

Strange how some folks move next to a pig farm...then complain about
the smell... *sigh*


Carla

On Fri, 04 Apr 2003 05:31:03 -0500, Ann wrote:

While it wouldn't bother me a bit to have her as my next door
neighbor, this is a prime example of why I would *never* live on
property that is governed by an HOA. No way I'd pay money to have
some busy-bodied group tell me how I could use my property.

Yeah, but she did move into a HOA development, which can and does enforce the
deed restrictions. She signed this when she bought the house. Nobody tells me
what to plant or not, but out of respect of neighbors who have their tidy boring
front yards, I somehow manage to comply. You should know that my compliance IS
my defiance.

On Fri, 04 Apr 2003 17:02:11 GMT, animaux
wrote:

On Fri, 04 Apr 2003 05:31:03 -0500, Ann wrote:

While it wouldn't bother me a bit to have her as my next door
neighbor, this is a prime example of why I would *never* live on
property that is governed by an HOA. No way I'd pay money to have
some busy-bodied group tell me how I could use my property.

Yeah, but she did move into a HOA development, which can and does enforce the
deed restrictions. She signed this when she bought the house. Nobody tells me
what to plant or not, but out of respect of neighbors who have their tidy boring
front yards, I somehow manage to comply. You should know that my compliance IS
my defiance.

Ahh. I was wondering of anyone else would bring this up. There's a lot
of "this is *my* property, and I can do anything I like with it"
sentiment. With which I sympathize, to a certain extent. However, I
hate lawns and have a 'respectable' front lawn. I live in a suburban
area where 'property values' and consequent economic interests can be
affected by an openly rebellious spirit. I chose to live here, instead
of on 10 acres in the country. I have to go along with the rules (city
regs) and general feelings about what's appropriate.

One note about the original story: similar ones appear regularly in
the local media, and I seldom see any hint that neighbors offered to
help bring the property into compliance. It's easier to report a
violation than to speak to the violator and perhaps work out a
mutually agreeable deal. Or even generously offer labor to clear the
offensive materials(!)

Ann wrote:

J Kolenovsky expounded:

Homeowner avoids jail over yard

While it wouldn't bother me a bit to have her as my next door
neighbor, this is a prime example of why I would *never* live on
property that is governed by an HOA. No way I'd pay money to have
some busy-bodied group tell me how I could use my property.

I'd say a few busy-bodies are begging to have their lawns seeded
with dandelions.

the key is any development with any rules cause if they dont have them now, they will
have em in the future when the control freaks get their nose outta joint. the rules
you start with are not the rules you end up with. oddly enough, I now live in the
city jowl to jowl and there seems to be less rules than in the burbs. people here
are more interested in living and let living than "property values". Ingrid

animaux wrote:
Yeah, but she did move into a HOA development, which can and does enforce the
deed restrictions. She signed this when she bought the house. Nobody tells me
what to plant or not, but out of respect of neighbors who have their tidy boring
front yards, I somehow manage to comply. You should know that my compliance IS
my defiance.



~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
List Manager: Puregold Goldfish List
http://puregold.aquaria.net/
www.drsolo.com
Solve the problem, dont waste energy finding who's to blame
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Unfortunately, I receive no money, gifts, discounts or other
compensation for all the damn work I do, nor for any of the
endorsements or recommendations I make.

On Fri, 04 Apr 2003 18:39:52 -0500, Ann wrote:

"Dr. Rev. Chuck, M.D. P.A." expounded:

I'd say a few busy-bodies are begging to have their lawns seeded
with dandelions.

Oooh, I like the way you think!!! ;-


Absolutely!

The ultimate in biological terrorism...a ticked -off neighbor with a
sack of dandelion seeds


Carla (...who thinks that everyone should be able to experience the
golden splendor of dandelions...)

The ultimate in biological terrorism...a ticked -off neighbor with a
sack of dandelion seeds

Or, my favorite a few pounds of fresh catnip. Sigh, land management is
probably here to stay. I live in a small town and some of the garden
ornamentation is old washing machines. The owner's groups are seeking to avoid
the wall to wall old stuff look and go too far in the opposite direction.

mike

On Fri, 04 Apr 2003 17:00:37 -0800, "Dr. Rev. Chuck, M.D. P.A."
wrote:

I'd say a few busy-bodies are begging to have their lawns seeded
with dandelions.

And FIRE ANTS

On 05 Apr 2003 04:30:47 GMT, (SideHillFarms)
wrote:

Or, my favorite a few pounds of fresh catnip.

Or a few lbs of fresh pot seeds!!!!!

When you live in a quarter million dollar house, property values matter. The
homes in my development range 200 to 400 thousand dollars. That's a lot of
money for a Texas sub-division. It matters to me, so I manage to not have
Tarzan vines and a big huge mess out front. That back is another story. It's a
prairie garden, full of weeds and rangy materials.

I do live and let live, but I do it by taking part in the solution, not causing
the problem. I'm not saying you aren't correct about rules and more rules, just
that when I bought this house I signed a deed restriction to which I must
comply. I can be sued in civil court if I don't. I KNEW that coming in. We
don't have a homeowners association in here. We are respectful to one another
as something decent people do.


On Fri, 04 Apr 2003 23:58:47 GMT, wrote:

the key is any development with any rules cause if they dont have them now, they will
have em in the future when the control freaks get their nose outta joint. the rules
you start with are not the rules you end up with. oddly enough, I now live in the
city jowl to jowl and there seems to be less rules than in the burbs. people here
are more interested in living and let living than "property values". Ingrid

animaux wrote:
Yeah, but she did move into a HOA development, which can and does enforce the
deed restrictions. She signed this when she bought the house. Nobody tells me
what to plant or not, but out of respect of neighbors who have their tidy boring
front yards, I somehow manage to comply. You should know that my compliance IS
my defiance.



~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~
List Manager: Puregold Goldfish List
http://puregold.aquaria.net/
www.drsolo.com
Solve the problem, dont waste energy finding who's to blame
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~
Unfortunately, I receive no money, gifts, discounts or other
compensation for all the damn work I do, nor for any of the
endorsements or recommendations I make.