'Natural' yard could land owner in jail

Houston Chronicle ^ | March 24, 2003 | By TERRY KLIEWER

[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."

[John H K]

I never cease to be amazed at the cattyness of women; I used to coach college speech and debate, and when judges' ballots had snide comments about the clothes of female competitors, instead comments on their speech, it was ALWAYS female judges - usually complaining about pants instead of skirts, or heels that weren't high enough, etc. Men never made those sorts of comments.

And when I had jury duty on a molestation case, the men generally leaned towards conviction while the women all made snide and nasty comments about the 15 year old girl lying about being molested, etc. Fortunately I was able to persuade them all and the guy was convicted, found out after the trial he had a previous molestation conviction. Died of a heart attack two days later. Boo Hoo.

[CobaltBlue]

Bees are funny. They won't bother you if you don't bother them, unless you're around the hive.

Some people they won't pay any attention to when you are near the hive. My older son and I have thick dark hair, and for some reason they want to sting our heads! So I always have to suit up.

My husband and other son have lighter hair, and the bees don't bother them.

Some kind of instinctive reaction to thick dark hair, I guess.

[CobaltBlue]

I do use herbal shampoo (lavender) so maybe that's why they try to sting my head, but they are even worse when my hair is oily. I think they are afraid I'm a bear.;^)

[HairOfTheDog]

What I love about these discussions is...

What I love about these discussions is that there are conservatives with reasonable views on both sides. It is one of those issues that does not have a clear plank on the platform we are all 'supposed' to abide by. I can see both sides of this issue, and depending on the circumstance have flip-flopped which side I am on.

I am big into property rights as anyone is when the pestering is silly... but I am also big into people being able to contractually control the world they want to live in by having everyone agree to some guidelines. When situations like this woman arise, where the sin just doesn't seem that bad and the pestering is severe like this seems... (jail time really?) I would take this woman's side, now that I have seen the yard.

If I moved into a historical area because I liked the old feel of it, I certainly wouldn't want my artsy neighbor to tear down that old house and build a blue glass tower. The extreme are towns like Leavenworth, WA where every building, from your storage shed to the grocery store, must be correct Bavarian Architecture. It is a success as a tourist town and has a beautiful and uncommon feel because it is VERY strict. In that case, the entire town has to live by it. Private property or not. And it is gorgeous. Who would argue against their (the town's) right to keep it that way if a Walmart bought property and wanted to build a big square store in the middle of town? - Or a guy wanted to build some other kind of house. I wouldn't. Leavenworth is a known deal when you buy in.

[Experiment 6-2-6]

Deed restrictions... are a never-ending source of homeowner association friction.

It's called conformity. Most children surrender, as resistance is futile. However, there are those rebels.

Of course, this could be the vegie version of the Bird/Bunny/cat lady (the one with hundreds of them in her house) and the neighbors have the gall to complain about the smell...

[SevenDaysInMay]

Conformity to a social norm, under penalty of law, is an unGodly sin of humanity.

Rights to private property are almost completely usurped in America.

[B4Ranch]

The annual maintenance on the pups is more than most folks want. Now if they are good cutting ponies, I'll take one of your hands.

[HairOfTheDog]

The annual maintenance on the pups is more than most folks want. Now if they are good cutting ponies, I'll take one of your hands.

Hmmm. Not sure I have anything like that in my inventory.... just one 22 year old Arabian and a pony. The pony is quick, and might make a fine cutting horse, if you weigh less than about 85 pounds! She is only about 12 hh.

[AnAmericanMother]

I would get the Midnite hybrids before I got the Carniolans. I never used them, but some of my friends have had trouble with them. I'm not sure what your climate is like, but apparently they don't do well in hot and humid Georgia!

A long time ago, when we were first married and living in an apartment, I kept my bees at my parents' house, and somebody offered my parents two hives of old-fashioned Black Bees. Boy were those rascals MEAN! They chased my dad all over the yard! We requeened with two proved and registered Italians, though, and THAT settled their hash (expensive but worth it.)

[AnAmericanMother]

Some kind of instinctive reaction to thick dark hair, I guess.

I bet they DO think you're a bear! The Reverend had a classic upstanding shock of thick white hair up until the day he died, in his 80s. Maybe that's why they never bothered him. I always wear a white pith helmet with a veil over, so the bees never SEE my hair!

If you go with hybrids instead of Italians, you'll get more honey production.

[CobaltBlue]

An old time beekeeper told me a story that happened when he was a kid. His grandfather kept the old time black bees. They were moving some hives in a mule drawn wagon on a dirt road, to an apple orchard, and one of the beehives fell over and the bees came out, and started stinging everything, and stung the mules, who started running, and all the hives fell over and all the bees came out and started stinging!

The boy ran home and the bees followed him home, and stung the window screens and the door, and stayed there for hours!

That was some mean bees!

My Italians will only follow me for maybe 15 - 20 feet when they get mad.

[Gothael 777]

Does this help any?

[Bella_Bru]

expend enormous amounts of effort trying to turn Texas or Arizona or whatever into Kent or Shropshire or whatever.

Huh. You should SoCal. While moaning about the water shortage, people water their lawns everyday. I got news for ya: A climate that gets little rain, has very high temps, and hot winds is not supposed to have a lush green lawn.

[mtbopfuyn]

I love that The Texas Department of Parks and Wildlife awarded her a citation for her yard last spring. That's nothing to sneeze at (no pun intended). Good for her and I hope her new attorney brings it and the fact that her native plantings require less water than her snoopy neighbor's over chem/fertilized manicured yards to the judge's attention . Hey, doesn't the state over-rule the county, snicker? I knew some folks in a HOA in Katy and they were snippy about someone's back patio hanging plants being seen over their wooden fence from the street. Sounds like Houston is against anything alive and healthy.

I'm also having trouble with neighbors. Our rural HOA was organized soley for road maintainance after many moved in so a deed restriction search wouldn't prove much use. I used to be HOA president but resigned from the organization due to several idiots turning nazi wanting to impose their rule on everyone whether the majority wanted it or not. Folks, this is back roads country not suburbia. One neighbor is after us for everything under the sun (i.e. Mr. M's friend's election sign, a judge, umm get a clue!) because it's somehow our fault for them not being able to sell their home --- never mind they don't have a front door so guests have to enter through the garage and it would most likely be a vacation home during this stock market bust era. We aren't breaking any "rules" but if they push me, I've got two old recliners that would look lovely on the front porch and cans ready for recycling that would be nice tucked in and around a nice crop of "native" weeds!

[HairOfTheDog]

My last bee sting was hunting pheasant on an unusually warm sunny day in November, that must have woke them up.

I was walking along and all of the sudden I had bees all over me, in my shirt, and in my pants! I think they were jellowjackets that came out of the ground.

(I am a female) and was hunting with my boyfriend. I started running and shouting "BEES!", but my boyfriend couldn't tell what I said. All he saw was me run and throw down my shotgun and begin taking off my clothes in the middle of the field. He thought I had gone quite mad!

I was stung many (6-8? don't remember) times in the armpits, legs and neck. I could tell my throat was closing up, and I said we needed to get back to the truck and get some Benedryl in me right away. Luckily I had some in the glove box and couldn't really even remember why, just that it was there. He ran up ahead and brought it back. I still felt pretty drunk by the time we got back to the truck, quite light-headed. The stings swelled up into big welts, but I didn't go to the doctor. I do fear the exposure though, because it is my understanding that allergic reactions can be brought on by an exposure like that and are cumulative. I fear what the reaction might be next time. I have a friend who is allergic enough that he carries a sting kit with him always or he could die. I am not likely that allergic, but I wouldn't want to be. I spend too much time in the outdoors, far from home when riding... I don't want to be taken out by a bug!

[HairOfTheDog]

if they push me, I've got two old recliners that would look lovely on the front porch and cans ready for recycling that would be nice tucked in and around a nice crop of "native" weeds!

Wicked. HA!

[CobaltBlue]

Sounds like yellowjackets to me! Which is a form of wasp, not all that closely related to honey bees.

We have some little yellow jackets living in the woods in back of our house, and they really do look like honey bees from a distance.

We also have regular sized yellow jackets, and some kind of wasp that is as big as my thumb but solitary, and two or three different sizes of bumblebees, and dirt dauber wasps, and even plain old paper wasps, none of which are honey bees.

But unless you are interested in insects, they all are buzzy insects that sting, which is a perfectly normal reaction.

My husband is afraid of centipedes. Personally, I worry about Al Qaeda.;^)

[CobaltBlue]

BTW, the reason we have so many insects in our yards is that we have flowering trees and also a butterfly bed with lots of flowers that insects love. Some plants (anise hyssop, caryopteris) are bee magnets.

[Rebelbase]

"There are always busy-bodies in these "planned communities" who spend their lives acting like Brown Shirts"

A five pound bag of pinto beans scattered in their yard around midnight at the beginning of the rainy season will put them in their place.

[DaughterOfAnIwoJimaVet]

Perhaps all of her neighbors think that shrubs should be trimmed into perfect geometric shapes, the way God clearly intended. < /sarc >

I'm partial to the bunny and dinosaur shapes, myself. Those squares and triangles are so fakey.

[Cough.]