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Brenwood Park Civic Improvement Association sues Property Owner for Unpaid Assessments

SOUTHEAST TEXAS RECORD

Wednesday, December 4, 2024

Brenwood Park Civic Improvement Association sues Property Owner for Unpaid Assessments

State Court
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District Courts of Harris County | Official website

Brenwood Park Civic Improvement Association, Inc. has filed a lawsuit against a property owner in Harris County, Texas, alleging unpaid assessments and related charges. The complaint was filed on November 20, 2024, in the Judicial District Court of Harris County by Brenwood Park Civic Improvement Association against Irma Isabel Ramos Garcia.

The case centers around a property located at 18430 Flint Hill Drive, Katy, TX 77449, owned by the defendant, Irma Isabel Ramos Garcia. According to the plaintiff's petition, this property is part of a community governed by specific covenants and restrictions that require property owners to pay assessments to the Brenwood Park Civic Improvement Association. These assessments are used for maintaining and improving the community infrastructure and amenities. The association claims that Ramos Garcia has failed to fulfill her financial obligations under these covenants.

The legal filing details that Ramos Garcia owes at least $5,819.25 in unpaid assessments and related charges. Despite multiple notices of delinquency sent to her by the association, she allegedly did not settle these debts within the given timeframe. As a result, the association asserts its right to foreclose on its lien against her property as stipulated in their governing Declaration and under Texas law.

In addition to seeking payment of the overdue amount, Brenwood Park Civic Improvement Association is also pursuing reimbursement for attorney fees and other costs incurred while attempting to collect this debt. The association's legal team argues that they are entitled to these fees under both their Declaration and relevant Texas statutes. They have retained attorneys from Holt Tollett P.C., including J.C. Jamison, David K. Berk, Navin Pillai, and Rachael Chin.

The association is requesting several forms of relief from the court: a judgment for all sums due including post-judgment interest at the maximum rate allowed by Texas law; reasonable attorney’s fees; costs of court; establishment and foreclosure of their lien on Ramos Garcia's property; an order for sale of said property; and any other general or special relief deemed appropriate by the court.

This case will be heard in front of Judge Christopher Matthews in Harris County's Judicial District Court under Case ID 2024-811725.

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