In a legal battle that could impact homeowners across Texas, the Raintree Village Homeowners Association, Inc. has filed a lawsuit against two property owners in Harris County for unpaid assessments and related charges. The complaint was lodged on September 27, 2024, in the Judicial District Court of Harris County, Texas, naming Cindy Zuleyma Morataya and Jarvis Wayne Sam Jr as defendants.
The case revolves around property located at 20724 Black Birch Bend Drive in Katy, Texas. According to the plaintiff's petition, the defendants have failed to pay assessments mandated by the Declaration of Covenants, Conditions, and Restrictions governing their community. This declaration requires all property owners within Raintree Village to contribute financially towards community maintenance and other expenses. The association claims that these assessments are essential for maintaining the quality and value of properties within the neighborhood.
The Raintree Village Homeowners Association asserts that despite multiple notices sent to Morataya and Sam Jr regarding their delinquency, they have not settled their outstanding balance of $1,295.85. The association is seeking a judgment for this amount plus additional attorney fees, costs, and interest accrued due to non-payment. Furthermore, they are asking for the establishment and foreclosure of a lien on the defendants' property if necessary.
Attorney fees play a significant role in this case as well. The plaintiff's legal team from Holt Tollett P.C., comprising attorneys Jameson Jamison, David K. Berk, Navin Pillai, and Rachael Chin, argues that under Texas law and the terms of the Declaration itself, they are entitled to recover reasonable attorney fees incurred while pursuing this action. They also seek compensation for any potential future legal costs should an appeal arise.
The homeowners association's demands include post-judgment interest at Texas's maximum allowable rate and all court costs incurred during litigation. They further request an order for the sale of the defendants' property should foreclosure become necessary to satisfy any awarded judgment.
Presiding over this matter is Judge Christopher Matthews in Court 80 of Harris County. The case has been assigned ID number 2024-66545.