The Timber Lane Community Improvement Association has taken legal action against two property owners, accusing them of violating neighborhood deed restrictions and causing a public nuisance. The complaint was filed by the Timber Lane Community Improvement Association in the District Court of Harris County, Texas, on March 13, 2025, against Jose Juan Castro and Lisbeth Avila Mendez.
According to the lawsuit, the defendants own property at 23022 Harrowby Drive in Spring, Texas, within the Timber Lane Subdivision. The association claims that Castro and Mendez have violated specific deed restrictions by storing unsightly items such as a roll of AstroTurf and an inoperative vehicle in public view on their driveway. These actions allegedly contravene the subdivision's rules prohibiting any trade or business activity that could become "obnoxious or offensive" to neighbors. Furthermore, the association cites Section 202.004 of Title 11 of the Texas Property Code, which allows them to enforce these restrictions.
The Timber Lane Community Improvement Association argues that these violations not only breach community standards but also constitute a public nuisance under Chapter 343 of the Texas Health and Safety Code. This code section prohibits keeping refuse or rubbish visible from public streets for extended periods and maintaining premises in ways that could attract pests or create unsanitary conditions.
Despite repeated demands from the association to rectify these issues—documented through letters sent on August 16 and November 15, 2024—the defendants have allegedly refused to comply. Consequently, the association seeks judicial intervention to compel compliance with community standards and prevent further harm to property values and neighborhood aesthetics.
In their petition for relief, the plaintiffs request both temporary and permanent injunctions against Castro and Mendez to stop them from continuing their alleged violations. They also seek civil damages up to $200 per day for each day the restrictive covenants are breached as allowed under Section 202.004 of Title 11 of the Texas Property Code. Additionally, they demand recovery of attorney’s fees amounting to at least $5,000 along with costs incurred during litigation.
The case is being handled by Michael T. Gainer from Victoria, Texas, representing the Timber Lane Community Improvement Association. The case is presided over by a judge in Harris County's District Court under Case ID: 2025-17149.