Plaintiff Caldwell’s Creek Homeowners Association, Inc. (hereinafter "CCA HOA") file this its Original Petition complaining of Defendants Raman Chandler Properties, LC ("Chandler Properties"), Caldwell Creek, Ltd. ("Caldwell Creek, Ltd."), and Villas at Caldwell Creek, Ltd. ("Villas") (collectively referred to as "Defendants") and would respectfully show the Court the following:

1. Pursuant to Rule 190 of the Texas Rules of Civil Procedure, Plaintiff designates this matter for a Level 2 discovery plan.

2. Plaintiff Caldwell’s Creek Homeowners Association, Inc. is a lawfully formed Texas non-profit corporation for the Caldwell’s Creek Addition located in Tarrant County, Texas.

3. Defendant Raman Chandler Properties, LC is a Texas limited liability company with its principal office in Tarrant County, Texas. Service of process may be affected on it by serving its registered agent: Raman Chandler, 2319 Hall Johnson Road, P.O. Box 611, Colleyville, Texas 76034.

4. Defendant Caldwell Creek, Ltd. is a Texas limited partnership with its principal office in Tarrant County, Texas. Service of process may be affected on it by serving its registered agent: Raman Chandler, 2319 Hall Johnson Road, P.O. Box 611, Colleyville, Texas 76034.

5. Defendant Villas at Caldwell Creek, Ltd. is a Texas limited partnership with its principal office in Tarrant County, Texas. Service of process may be affected on it by serving its registered agent: Raman Chandler, 2319 Hall Johnson Road, P.O. Box 611, Colleyville, Texas 76034.

6. The matter in controversy exceeds the minimum jurisdictional limits of this Court.

7. Plaintiffs’ action against Defendants is an action for recovery of damages related to real property which is located in Tarrant County, Texas. Thus, venue is mandatory in Tarrant County, Texas under Section 15.011 of the Texas Civil Practice and Remedies Code.

8. As demonstrated in greater detail below, all or a substantial part of the events or omissions giving rise to Plaintiffs’ claim occurred in Tarrant County, Texas. Thus, venue is proper in Tarrant County, Texas under Section 15 .002(a)(1) of the Texas Civil Practice and Remedies Code.

9. Defendant Raman Chandler Properties, LC, Defendant Caldwell Creek, Ltd. and Defendant Villas at Caldwell Creek, Ltd. have their principal offices located in Tarrant County, Texas. Thus, venue is proper in Tarrant County, Texas under Section 15.003(a)(3) of the Texas Civil Practice and Remedies Code as to Raman Chandler Properties, LC, Caldwell Creek, Ltd. and Villas at Caldwell Creek, Ltd.

10. On or about May, 1994, Defendant Raman Chandler Properties and/or Caldwell Creek, Ltd. purchased and subdivided an approximately 60-acre tract of land located in the City of Colleyville, Tarrant County, Texas to be known thereafter as the "Caldwell’s Creek Addition" [hereinafter "CCA"]. Defendant Raman Chandler Properties and/or Caldwell Creek, Ltd. subdivided this tract of land for single-family residential lots, and Raman Chandler Properties and/or Caldwell Creek, Ltd. recorded this subdivision plat as the "Amended Final Plat of Caldwell’s Creek Addition" in the public records of Tarrant County, Texas on or about May, 1994, and subsequent re-plat filed on or about December 21, 1998.

11. As is the usual practice when developing a subdivision, Defendant Raman Chandler Properties and/or Caldwell Creek, Ltd. sold various lots to custom home builders for the construction of single-family residences. Pursuant to this usual and customary practice, Defendants Raman Chandler Properties and/or Caldwell Creek, Ltd. has sold lots to custom home builders from 1994 to present.

12. Plaintiff HOA is comprised of lot and homeowners in the CCA subdivision. The lot and homeowners are the collective and joint owners of private open space lots 39, 40A and 41A of the CCA subdivision, such lots encompassing a portion of the subdivision’s common areas.

13. On information and belief, Defendant Raman Chandler Properties and/or The Villas of Caldwell’s Creek, Ltd. acquired title to an approximately 25-acre parcel located immediately adjacent to and on the east boundary of CCA on or about November 20, 1998.

14. On or about November 20, 1998, Defendants Raman Chandler Properties and/or The Villas of Caldwell’s Creek, Ltd. subdivided this tract of land for zero lot line single-family residential lots, and Raman Chandler Properties and/or The Villas of Caldwell’s Creek, Ltd. thereafter recorded this subdivision plat as the "The Villas of Caldwell’s Creek Addition" [hereinafter "Villas"] in the public records of Tarrant County, Texas on or about December 16, 1998.

15. As is the usual practice when developing a subdivision, Defendant Raman Chandler Properties and/or The Villas of Caldwell’s Creek, Ltd. sold various lots to custom home builders for the construction of zero lot line single-family residences. Pursuant to this usual and customary practice, Defendants Raman Chandler Properties and/or The Villas of Caldwell’s Creek, Ltd. have sold lots to custom home builders from 1999 to present.

16. On information and belief, at the time of the development of the Villas, but subsequent to the completion of the sale of the majority of lots in CCA, Defendants Raman Chandler Properties and/or The Villas of Caldwell’s Creek, Ltd., without notice to, or permission of the adjacent home and lot owners in CCA and/or Plaintiff’s, removed the privacy fencing that separated the two development projects. The result was that the private open space lots (39, 40A & 41A) of CCA were immediately accessible to the Villas Development. Defendants Raman Chandler Properties and/or The Villas of Caldwell’s Creek then constructed in place of the privacy fencing a see-through wrought iron fence that afforded the Villas an unrestricted view into the completed homes in CCA and the CCA’s improved common areas.

17. Defendants Raman Chandler Properties and/or The Villas of Caldwell’s Creek further erected a permanent pedestrian access gate from the Villas to the private common areas of CCA. This was done despite Defendants’ actual knowledge that the common areas had been permanently dedicated as private open space for the exclusive use of CCA residents, as evidenced by the Defendant Raman Chandler Properties recordation of the plat for CCA.

18. On or about February 2000, without the knowledge or consent of Plaintiff, Raman Chandler recorded a deed in Tarrant County that assigned in favor of Defendant Raman Chandler Properties, L.C. many of the Plaintiff’s rights and duties. Specifically, said assignment reserved in favor of Defendant the majority of duties usually and customarily associated with the operation of a homeowners association and thus conflicts with, and is directly violative of the recorded covenants and restrictions for Caldwell’s Creek Addition.

19. The result of Defendant’s unusual action of forming a homeowners association in conformance with deed restrictions drafted and recorded by Defendant’s Raman Chandler Properties and/or Caldwell’s Creek, Ltd., then effectively usurping the duly formed association of its enforcement authority, has defeated the intent of the applicable covenants, thus casting doubt over the Plaintiff’s ability to enforce its own deed restrictions.

20. On or about March 15, 2000, Plaintiff’s became aware that Defendant Caldwell Creek, Ltd. had surreptitiously conveyed onto Defendant Villas of Caldwell’s Creek, Ltd. an access easement for the benefit of the Villas, in violation of the private property rights of Plaintiffs. Such easement, on information and belief, was executed on approximately December 17, 1999, subsequent to the formation of the Caldwell’s Creek homeowners association, and in knowing and reckless disregard of Plaintiff’s authority as the homeowners association, and to its members private property rights to the common areas of the Caldwell’s Creek Addition. Language contained in said easement further attempts to restrict the adjacent private homeowners and/or Plaintiff’s ability to reestablish privacy fencing and/or landscape screening between the two subdivisions.

21. Defendant Raman Chandler Properties and/or Caldwell’s Creek, Ltd. not only knowingly withheld notice of the execution and recordation of said easement from Plaintiff, but also perpetuated misrepresentations, verbal and written, indicating to Plaintiff that Defendants were willing to pursue a solution to the easement’s illegal restrictions and access violation in good faith.

22. On or about May 22, 2000, Defendant Caldwell’s Creek, Ltd. forwarded a copy of a deed that was executed by Caldwell’s Creek, Ltd. purportedly conveying the private open spaces contained within the CCA subdivision plat to Plaintiffs. The deed, on information and belief, was knowingly and intentionally executed and recorded by Defendant Chandler in the public records of Tarrant County on or about January 21, 2000, despite Defendant Raman Chandler Properties and/or Caldwell’s Creek, Ltd.’s actual knowledge that the deed and conveyance were fraudulent.

V. CAUSES OF ACTION

COUNT 1: Temporary Restraining Order (TRO) and Termination of Illegal Easement

23. Plaintiffs incorporate by reference all of the foregoing allegations for all purposes.

24. Defendants’ unauthorized and illegal use of Plaintiff’s property through the illegal and unauthorized easement as approved and executed solely by Defendants’ constitutes trespass, unreasonable use and unauthorized control over Plaintiffs’ property. Defendant Villas continues to claim that they have the right to use and restrict the subject easement area and to continue to allow free access from Defendant Villa’s property onto Plaintiff’s property. Defendant’s fraudulently and illegally executed said easement on or about December 21, 1999, recorded in Volume 14148, Page 157 of the property records of Tarrant County, Texas (attached here as Exhibit "A ").

25. Defendants have refused to terminate said unauthorized and illegal easement despite Plaintiff’s requests for its termination.

26. As a result of the wrongful and illegal conduct of Defendants, Plaintiffs have been, and will continue to be, deprived of the free and unrestricted use of a large portion of their land. This has damaged Plaintiff in an amount within the jurisdictional limits of this court. Because of the willful and intentional nature of Defendants’ conduct in creating this illegal easement, Plaintiffs are entitled to an award of exemplary damages from Defendants.

27. Unless restrained by the judgment of this Court, Defendant Villas will continue to use the easement for access to Plaintiff’s property as well as continue to exercise illegal and unreasonable land use controls to the detriment and prejudice of Plaintiff.

COUNT 2: Termination of Fraudulent Deed

28. Plaintiffs incorporate by reference all of the foregoing allegations for all purposes.

29. On or about January 21, 2000, Defendant’s Raman Chandler Properties and/or Caldwell’s Creek, Ltd. executed and, willfully and fraudulently, accepted a deed on behalf of Plaintiff, without knowledge of Plaintiff, purporting to convey to Plaintiff the real property including the common areas of the Caldwell’s Creek Addition Plat, subject to the illegal and unauthorized easement referenced above, as evidenced by a special warranty deed dated January 21, 2000 and recorded in Volume 14185, Page 0583001, of the Deed Records of Tarrant County, Texas (attached here as Exhibit "B").

30. On or about May 22, 2000, Plaintiffs notified Defendant Caldwell Creek, Ltd. in writing that the deed was invalid and further Plaintiffs refused accept said deed as presented by Defendant for acceptance. Plaintiff further demanded that Defendant reconvey the property to Plaintiff’s without the encumbrance of the illegal and unauthorized easement. Defendant refused, and continues to refuse, to properly convey the property or recognize the invalidity of the deed.

31. The deed is voidable as to Plaintiffs, and should be cancelled by the Court. Further, the filing of the deed for record created a cloud on Plaintiff’s title to the property that should be removed by the Court.

32. Defendant’s recording of the deed and failure and refusal to remove this cloud on title was willful, wanton, deliberate, and in bad faith, and was and is done with gross indifference and reckless disregard of the rights of Plaintiffs, without justification, or excuse. Plaintiffs, therefore, are entitled to recover exemplary damages. Accordingly, Plaintiffs hereby sue for exemplary damages in a sum within the jurisdictional limits of the court.

33. Because of the wrongful refusal of the Defendants to terminate the illegal and unauthorized easement and reconvey the property to Plaintiffs to remove this cloud on Plaintiff’s title, Plaintiff has been required to employ the undersigned attorneys to bring suit to remove such cloud on Plaintiff’s title. Plaintiff, therefore, sues for reasonable attorney’s fees and expenses of this litigation, which Plaintiff alleges will be at least the sum of $50,000.00. 

COUNT 3: Declaratory Judgment Action

34. Plaintiff incorporate by reference all of the foregoing allegations for all purposes.

35. Pursuant to Chapter 37 of the TEXAS CIVIL PRACTICE & REMEDIES CODE, Plaintiff seeks a declaratory judgment by the Court that Plaintiff be declared for all purposes the legal homeowners association for the Caldwell’s Creek Addition, including any and all accompanying rights and duties provided by the subdivision’s lawfully recorded covenants and restrictions, and further that the Court strike any and all efforts by Defendants, including the illegal assignment of the Plaintiff’s rights and duties subsequent to Plaintiff’s legal formation that relate in any way to the diminution of Plaintiff’s authority as the legally enacted homeowners association for the Caldwell’s Creek Addition.

36. Plaintiffs are entitled to their costs and reasonable attorney’s fees under Section 37.009 of the TEXAS CIVIL PRACTICE AND REMEDIES CODE.

VI. JURY REQUEST 

37. Plaintiff requests a trial by jury of the above-entitled lawsuit. In support of this request, Plaintiff would show that the appropriate jury fee is being paid to the District Clerk more than ten days in advance of the trial setting. 

WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that upon final trial that the Plaintiff obtain judgment as follows:

Texas Bar No. 1093750

Texas Bar No. 24001722

2626 Cole Ave., Ste. 800

Dallas, Texas 75204

214-999-1188

214-999-1138 (fax)

ATTORNEYS FOR PLAINTIFF