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'Natural' yard could land owner in jail
Houston Chronicle ^ | March 24, 2003 | By TERRY KLIEWER

Posted on 03/25/2003 11:35:19 AM PST by HairOfTheDog

'Natural' yard could land owner in jail

By TERRY KLIEWER
Copyright 2003 Houston Chronicle

Lisa Wright makes it a point to stop and smell the flowers every day. She never fails to hear birds singing. She seeks to be one with nature, and the place where she chooses to do so is her own front yard.

That apparently doesn't suit the Sundown Glen Community Association. The neighborhood group has nothing against flowers or birds or trees, but it isn't happy at all about Wright's front yard.

And because of that, she may be headed to jail.

"They claim my yard doesn't conform to subdivision rules and want me to cut it down," she said in a recent interview. "But there are no rules that I'm breaking, and no one that I'm bothering. It isn't right."

The community association is in Harris County Civil Court at Law No. 2 to get Wright to overhaul her self-described "natural habitat" front yard to bring it into line with the others in her small west Harris County subdivision.

The association isn't telling Wright what to plant, though. It isn't even telling her what not to plant. It mainly wants less of the native Katy Prairie vegetation that's already there.

"Ms. Wright entered into an agreed judgment, which the court approved, to cut back on the growth in her front yard and to keep it maintained," said Jane Janecek, attorney for the homeowners group.

Wright's efforts so far to cut back her yard were found inadequate by Judge Gary Block in a hearing last week. He ordered her to return to court at 9 a.m. Thursday to start a 24-hour jail sentence for contempt of his previous order that she heed terms of the 2002 mediated agreement, or so-called agreed judgment.

The slight, black-haired, 55-year-old defendant laughed nervously last week at the prospect of going to jail. But she said she remains dead serious about what she's doing and why.

"I've never been in a spot like this, and I don't like confrontation," she said. "But when I'm pushed up against a wall -- like this -- if I'm wronged, then I'll fight. I'm not hurting anyone with my yard."

Wright built her yard painstakingly over the past 10 years, starting from an almost bare-dirt yard with one broken Siberian elm sapling. Since then, 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.

The effect is a small-scale version of the Houston Arboretum or, as she notes pointedly, "the kind of yard you see in parts of River Oaks or in places along Memorial Drive in the villages (area)."

It's not, however, what you see elsewhere in Sundown Glen, an early 1980s subdivision comprising several square blocks of mid-priced homes located north of Katy Freeway west of Barker-Cypress Road. Most homes have ordinary grass lawns, a few ornamental shrubs and a shade tree or two.

Wright's yard stands apart, but not sufficiently to warrant jail time, argues her attorney, Helen Mayfield. This week, in order to keep Wright out of jail, Mayfield plans to file a motion to stop enforcement of the contempt sentence and also a request for a rehearing on the agreed judgment.

Wright admits her case would seem to be a run-of-the-mill dispute between a homeowner and a neighborhood association.

Throughout Harris County, such groups and their property managers play major roles in providing amenities such as playgrounds and swimming pools that aren't supplied by cities or the county.

They also enforce the deed restrictions that define permitted and prohibited land uses and set at least general standards for property maintenance. Deed restrictions are initiated by landowners and developers and, unless periodically renewed, usually expire in a specified period of years.

Deed restrictions serve purposes akin to zoning regulations in otherwise uncontrolled parts of Harris County. They are a never-ending source of homeowner association friction.

However, Wright's fight with her neighborhood association isn't the everyday variety for a couple of reasons:

For one thing, she is a landscaper, albeit currently unemployed. She claims to know more than most about what constitutes "natural habitat." The Texas Department of Parks and Wildlife awarded her a citation for her yard last spring.

"This isn't just overgrowth," she said. "I put it together by design and I knew what I was doing."

Secondly, Wright's case is a bit unusual in that she contends she didn't know exactly what that agreed judgment from last year ultimately would amount to.

"I had a stroke and was still recovering when I was in court being told to do this and that or go to jail," she recalled. "I had some very poor advice."

In fact, she recently hired Mayfield because she felt she earlier had been misled about what the agreed judgment called for. Both attorney and client say they wouldn't agree to the same judgment today.

Mayfield thinks the agreement should be revised because it makes "unreasonable demands on the woman. It calls for an inventory of every single plant in her yard. No one else in the neighborhood has to do that.

"It says she has to mulch -- what if she uses compost? It says her house has to be visible from the street, which it is. But no one else has to promise that."

The heart of the pact is Wright's promise to keep her yard pruned, trimmed and maintained, but it sets no specific standards.

Wright says she is maintaining her yard adequately; the association says she isn't. Wright says she's had support from her neighbors; the association says it's been getting complaints. There is evidence to support both sides.

Whether she is being forced to meet tougher standards than her neighbors is moot, contends Janecek, Sundown Glen's attorney. "What she agreed to may go beyond what's in her deed restrictions," she said. "But it's what she agreed to."

But Janecek conceded that deed restrictions often are generic and "rely on reasonable interpretations by reasonable people." Mayfield doesn't disagree:

"I think the question here is really what's reasonable. This isn't."


TOPICS: Constitution/Conservatism; Culture/Society; US: Texas
KEYWORDS: communityassns; nomowletgrow; propertyrights
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Meanwhile in other news...

Big bushes are tickin' people off.

(I tried to search a bit for some photos of this place in prior coverage of this lady's dilemma.... no luck yet.)

1 posted on 03/25/2003 11:35:19 AM PST by HairOfTheDog
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To: Bear_in_RoseBear; Wneighbor
Pinging some Texans I know....

2 posted on 03/25/2003 11:37:31 AM PST by HairOfTheDog (May it be a light for you in dark places, when all other lights go out.)
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To: Overtaxed
.... That habitat in your driveway would lead you to the slammer in this neighborhood!
3 posted on 03/25/2003 11:37:50 AM PST by HairOfTheDog (May it be a light for you in dark places, when all other lights go out.)
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To: HairOfTheDog
If you want to have that kind of yard the don't live in a neighborhood with a HOA.
4 posted on 03/25/2003 11:39:28 AM PST by Lost Highway
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To: HairOfTheDog
There are always busy-bodies in these "planned communities" who spend their lives acting like Brown Shirts.
5 posted on 03/25/2003 11:39:34 AM PST by annyokie (provacative yet educational reading alert)
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To: annyokie
And some will probably show up here to tell you how a lawn taller than four inches will lead to the end of civilization.
6 posted on 03/25/2003 11:41:42 AM PST by the gillman@blacklagoon.com (They have been warned.)
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To: farmfriend
Property rights vs. Community Association issues... who pings for this stuff?
7 posted on 03/25/2003 11:41:56 AM PST by HairOfTheDog (May it be a light for you in dark places, when all other lights go out.)
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To: annyokie
But no one forces anyone to buy a home in a deed-restricted HOA-governed subdivision. Careful (or hell, even minimal) research before home purchase is the key.
8 posted on 03/25/2003 11:42:09 AM PST by Xenalyte (I may not agree with your bumper sticker, but I'll defend to the death your right to stick it)
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To: HairOfTheDog
Her yard sounds beautiful to me. I have a similar problem with my neighbors but we don't belong to a homeowner's association, so they can't do anything about it.

People's ideas about good tastes vary.

However, I must say that if she lives on property that has a homeowner's association, she must abide by their rules. I would never live in a neighborhood with a homeowner's association - I've heard horror stories.
9 posted on 03/25/2003 11:42:10 AM PST by CobaltBlue (Support John Howard - buy Australian!)
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To: HairOfTheDog; Chancellor Palpatine

The title is misleading. The land owner could land in jail not for her 'natural' yard but for contempt of court.

10 posted on 03/25/2003 11:43:15 AM PST by Cultural Jihad
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To: HairOfTheDog; Carry_Okie; forester; sasquatch; B4Ranch; SierraWasp; hedgetrimmer; christie; ...
who pings for this stuff?

For property rights/environmental issues? Me or madfly.

11 posted on 03/25/2003 11:43:36 AM PST by farmfriend ( Isaiah 55:10,11)
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To: HairOfTheDog
Our country is at war, we're under constant threat of terrorism at home, our educational system is a shambles, criminals are treated to a revolving door "justice" system while law-abiding citizens are denied their full 2nd Amendment rights, we're in the midst of a serious economic recession, and these busybodies have time to go to court against a little old lady who likes to maintain her little property as an oasis of natural flora and fauna?
12 posted on 03/25/2003 11:45:25 AM PST by GovernmentShrinker
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To: HairOfTheDog
Out here they get upset if you paint your house yellow. Even if it's been yellow for the last 30 years. Go figure.
13 posted on 03/25/2003 11:45:44 AM PST by farmfriend ( Isaiah 55:10,11)
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To: Lost Highway
She did agree to Community Association rules and can't expect complete autonomy, I agree, but I wish I could see a photo of the place as well as the rules she agreed to.

I have just never seen big bushes and trees as an eyesore. If she had a lawn that wasn't kept up, I could understand, but not because of too much shrubbery!

Before I judge for sure, it needs a picture! - Anyone in Houston that can go take one?
14 posted on 03/25/2003 11:45:45 AM PST by HairOfTheDog (May it be a light for you in dark places, when all other lights go out.)
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To: HairOfTheDog
Here's the best I could do for the photo. From here


15 posted on 03/25/2003 11:45:50 AM PST by T. P. Pole
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To: CobaltBlue
i am dying to see a picture....it sounds fantastic to me. I wish i could grow all those trees! if I lived in her neighborhood I would be taking my kids to her yard all the time....

of course, as a matter of legality the home assoc has the upper hand. pity, really.
16 posted on 03/25/2003 11:46:11 AM PST by ConservativeDude
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To: Cultural Jihad
Yep - she violated her agreed injunction. Something hinky about this woman - "unemployed landscaper" is a little hard to justify.
17 posted on 03/25/2003 11:46:46 AM PST by Chancellor Palpatine (Paleocons, the French and the UN - Excusing corrupt power mad dictators for decades)
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To: HairOfTheDog
She's not abiding by her homeowners agreements. And she's not abiding by the court order she agreed to. Yet we are expected to believe that everything else she tells us is just right.

I'm always amazed at the number of people who will move into a very nice well kept area. Buy a nice home in that area, and then let the yard and the house deteriorate to nothing of value. And then wonder why they are not received well in the community. That behavior completely baffles me.

18 posted on 03/25/2003 11:46:53 AM PST by kjam22
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To: HairOfTheDog
I found a link to a story with a photo of her house - don't know how to post the photo, sorry. Her grass is kinda long but otherwise I don't see the problem.

http://www.katytimes.com/story5.shtml
19 posted on 03/25/2003 11:47:18 AM PST by CobaltBlue (Support John Howard - buy Australian!)
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To: HairOfTheDog
Community associations. I see...Anyone who moves into one of these places gets no sympathy from me. Sheesh.
20 posted on 03/25/2003 11:47:52 AM PST by mewzilla
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