Marina del Sol in Kemah

GALVESTON -- Two property owners had plans to renovate a lot in a Kemah subdivision three years ago, but their plans were rejected by the home owners association. But the property owners continued with some of the construction anyway and now the homeowners association is seeking a restraining order against them.

In the fall of 2005, Mary Williams and Johnnie Seward submitted plans for renovation on Lot 27 in the Marina del Sol subdivision in Kemah, Galveston County. Marina del Sol is a registered Texas property owners association. However, the plans were not accepted in an Application for Architectural Approval of Improvements.

Not accepted by the Architectural Control Committee, the committee rejected problems in the deed restrictions, lack of elevation certificate, no plans to include a garage in the renovation and no application fees paid. On January 4, 2006, the Association rejected the defendants' application.

In March 2007, defendants demolished the front section of the residence on Lot 27, and the Association decided that the worksite had been abandoned. The building remained open to the elements for several months and the plaintiffs agreed among themselves that the property was littered with debris.

On June 22, 2007, the Association sent another letter to Williams and Seward stating that further construction must cease immediately until the required plans were submitted and approved by the Architectural Control Committee. Construction halted again, but no application for the Architectural Control Committee was approved.

On Sept. 18, 2007, Marina del Sol Association put the defendants on notice again that the property was in violation of restrictions. Marina del Sol's Board of Directors also discussed these issues directly with Defendants Williams and Seward, but without closure.

The Board and Committees have now filed a petition for Temporary Restraining Order.

Plaintiffs say that they have no adequate remedy at law.

Plaintiffs further say that they are willing to post bond to ameliorate the situation. The Defendants are now pouring concrete and not responding to the association's requests. Plaintiffs are considering requests for Temporary Injunction and Permanent Injunction, plus damages.

The suit states that written approval from the Committee as required by Deed Restriction would be a step toward peace in the neighborhood.

Plaintiffs have sent color photos with their petition on Feb. 18, showing the debris and unfinished work and workmanship.

Judge John Elisor of the 122nd District Court, has been assigned to the case.

Case No. 08CV0181

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