'Natural' yard could land owner in jail

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.

"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:

Yes, I like that too. I don't want some slob to move into the neighborhood and bring down the property values. These sorts of agreements are consensual, and no one has to buy a home in a neighborhood with one (or without one, for that matter) unless they choose to. Different strokes for different folks, I guess!

At least in GA, subdivision restrictions and covenants used to expire after 21 years. A new law allows a majority of the residents to renew them.

But, the bottom line is, if you don't want RCs, don't buy. When we moved, my husband was adamant that we move where no RCs or subdivision agreements existed. So we did, our current subdivision was platted in 1965 and the restrictions expired long ago. We are very close in to Atlanta too. When the kids start college and we move further out, we'll make sure we don't buy anything where some busybody group of neighbors can tell us what to do with our own property! (We are radio amateurs and like to work on old cars . . . try doing that in your typical Stepford neighborhood!)

There is a community interest in noxious weed control. As a horse owner, I am particularly interested in everyone clearing their land of exotic poisonous plants like Tansy that spread like wildfire.... We have other spreading exotic weeds like Scotch Broom too that will just take over an area, and laws have been written that some of these plants are a public nuisance and must be cleared. I can easily go along with that.

No, sweetie, I'm not talking of the people on the decision boards--they only are acting on complaints. And those complaints are often directed at people who are alone (sometimes men, also) and defenseless. Which means often its women alone who get the shaft. Mostly its middle aged women, but often the elderly, and sometimes younger single women. If you don't believe that women alone are discriminated against in this society, then obviously you don't know of anyone in that position.

What I love about these discussions is that the same people who complain about local governments acting like Nazis seem to have no problem with home owner's associations acting like Nazis because, well, because you agreed to abide by them by living there. Well, if you don't want to live in a town with a strong local government, don't live there. Live in unaffiliated county land out West. Or maybe in some other country. If "live someplace else" is the answer to totalitarian homeowner's associations, why isn't that a suitable answer to local governments or even the Federal government getting out of control. After all, they don't force you to live here. And, yes, when they have the power to send you to jail or fine you, they are a government by another name.

When the kids start college and we move further out, we'll make sure we don't buy anything where some busybody group of neighbors can tell us what to do with our own property! (We are radio amateurs and like to work on old cars . . . try doing that in your typical Stepford neighborhood!)

See I totally respect that. I respect it a lot more than someone who is a radio amateur and likes to work on cars.. and then knowingly buys in an area that prohibits that .. and then whines when you take them to court. And claims that they don't feel well, and the other 101 reasons that they can't live by their agreements.

. If you don't believe that women alone are discriminated against in this society, then obviously you don't know of anyone in that position.

My mother has lived by herself since my father passed away 7 years ago. We look after her, but I dont' see society out to intentionally discriminate against her. Not in anyway.

I wouldn't live in a community without one. I'm the definition of suburban. I like nice homes, nice yards, nice cars. I like living in an area where you can't park your cars in the yard, or park Semi trucks in the street. Or trash your place out. I'm not intrested in buying a nice home and having some bum move next door to me and trash out the neighborhood.

One of the attractive aspects of Houston is that you can have it your way - controlled to the hilt or completely open or anything in between.

The problem, of course, is the buttheads who move in and then want to change it to be THEIR way. We have some of those in my area (the Heights) which is completely uncontrolled. They bought in next to a meat packing plant which was not open. When the owners re-opened it, the scum started harassing them, trying to set up an HOA, etc.

Exactly. I don't want the grief. And I have lived with the Next Door Neighbors from Hell, and it's worth it to me not to have the Architectural Committee breathing down my neck.

Besides, if you don't want to be bothered with neighbors, buy ten acres and put your house in the middle and a fence around the edges (and maybe a few roaming Rottweilers ;-) ).

To be absolutely fair, though, it looks like this restrictive covenant has some "wiggle room" in it - although without reading it of course we can't be sure.

I am female, 50, but married and have kids at home. I went head to head with some neighbors about my beehives, and in an effort to get them to calm down agreed to go to mediation.

During mediation, come to find out that a couple of the neighbor gals hate my landscaping and sit around and discuss it at the local pool while their kids play.

The reason why it's women is because men don't have time for that hogwash. The reason it's young women is because they're home with the kids and have nothing better to do with their time but interfere in other people's lives. The reason they pick on other women is because some women are like that, unfortunately. The reason it's middle aged and older is because you aren't part of the clique.

It's the same mentality that girls use against other girls in highschool. Conform to the clique or they'll make your life hell.

It's the reason trial lawyers don't want young women on juries unless the defendant is an attractive male.

Bottom line, I still have my bees, I still have my trees, and I put in a butterfly bed and am working on a shade bed, all in my front yard, and there's not a thing they can do about it but fume.

The HOA's are run by YANKEES! that came down to the Houston area in the 80's after being throuwn out of Michigan, Ohio, and Illinois.

As my wife would say --- There are yankees (that stay up north) --- damned yankees (those that move south) and good yankees (I can't repeat what a good yankee is except that the last part is "they ALL move back north")

:>)

I lived in Katy for 10 years, It was nice until Houston, basically, rolled right around it. The property taxes are criminal now, and they are building their 6th High School now to accomodate all the illegal aliens.

Katy ISD used to be 1 high school, population of 20,000, now the KISD has a budget LARGER than the city of Houston and their superintendent makes a hell of a lot more also.

All right! Another beekeeper!

Apiculture alert!

What kind of bees do you keep? Type of hives? About how many supers do you get a year? What are your local main honey source or sources? Troubles with nosema or mites yet?

We just moved and did so in the late spring when our hives were at their most populous. We tried to wait them out but the guy who bought our old house wasn't thrilled with having them around, so with great reluctance we moved them in May, and apparently lost both queens in the move. Tried to re-queen but it was too late in the season and they dwindled and died. I'm in mourning.

But we're going to try again this year. My grandfather in law was a Methodist minister (and U.S. Marshal) by trade, but bees were his first love. I have a great photo of him working his hives - bareheaded and without gloves - with a halo of bees around his head. He didn't get stung . . . much. :-D

My grandfather in law was a Methodist minister (and U.S. Marshal) by trade, but bees were his first love.

Beekeepers meet on the thread! - Fascinating! They scare the bejeebers out of me, but I love it when people find things that they love.

Beekeeping is really all right. Like anything else, there are tricks to the trade. Buy gentle bees (the different races of bees vary a great deal in temperament - but the Italians, the gentlest ones, don't make as much honey, so most of us wind up buying various proprietary hybrid bees). Go SLOW and don't bump things or make a lot of noise. Use LOTS of smoke (this was the Reverend's #1 piece of advice to new beekeepers.) Site your hives in the shade on the edge of a sunny open area with a clear hive approach. Bathe before you work 'em, and NEVER, EVER wear blue jeans, cologne, herbal shampoo, scented deodorant, etc. when you work your hives. For some reason bees HATE the smell of nice, new, dark blue jeans. They will sting the beejabbers out of you.

I have kept bees for about 20 years (the Reverend, who is no doubt helping St. Francis and St. Fiacre out with the bees, died in the 80s) and I can count the times I've been stung on two hands and one foot . . . for 20 years that's not bad.

And think of all that free, fresh, yummy honey! Gallons of it! (Well, it's mostly free. Beekeeping's like anything else, you wind up spending money on gadgets and neat stuff. But it's fun.)

That's not necessarily true, many cities have municipal codes requiring "weed free" lawns, regular mowing etc, regardless of any HOA. They'll often come out and cut the grass at $50 an hour here, if the homeowner refuses.

US is a bit weird in our obsessive "short green lawn" worship; we're all basically trying to copy English country estates in a fit of aristocracy-imitation and this isn't England, hence the reason so many have trouble with their lawns and have to expend enormous amounts of effort trying to turn Texas or Arizona or whatever into Kent or Shropshire or whatever.

Hi! I started out last year, three hives. One lost the queen so I combined the leftovers with the other two.

I moved them to a friend's property during the dispute with the neighbors and one died.

I still have one that made it through the winter.

Due to the drought, we didn't get much honey, just a couple of gallons, which I gave away to family and friends.

I plan on getting at least one nuc or maybe two this year - it seems like having extra bees is a good idea if you want to have bees these days.

Italians, thinking of trying something different, maybe Carniolans, just to compare.

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