In February 2020, a neighborhood architectural committee in Houston told a builder that the house he was rebuilding could not be two stories. The 1959 deed restrictions for his section of the subdivision allowed one story, or one and a half with the committee’s approval. He answered, “[W]e can take [this] to court,” and kept building.
The City of Houston then posted four orders on the property to “STOP ALL UNPERMITTED WORK.” He finished the two-story rebuild anyway. In 2021 a Harris County judge ordered him to remove the second-floor addition, and a Texas appeals court upheld the order in June 2022.
He had bought the lot in July 2019 with an abandoned house on it, court records show, and decided it needed a complete rebuild. The city had issued a repair permit, but no permit for a rebuild. He had been in construction for more than 15 years. What an addition may be under a lot’s recorded rules, and what the permit covers, is the check a contractor runs before pricing one.
What each side claimed
The committee denied the plans on February 11, 2020. Its letter said the section “limits the size of structures to 1.5 stories and you are constructing a 2-story residence.” It counted about 1,312 square feet added on the second level and asked for new plans showing a one-and-a-half-story home…