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Tex. Prop. Code § 202.003

CONSTRUCTION OF RESTRICTIVE COVENANTS

Applied in 43 court decisions — leading case Truong v. City of Houston (2003)

Most recently applied in Jeffrey A. Severs and Lila Severs AND Robert and Linda Gaudin AND Mira Vista Homeowners Association, Inc. v. Mira Vista Homeowners Association, Inc. AND Jeffrey A. Severs and Lila Severs (September 2018)

Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff

How often courts cite this section

199420002010201840
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) A restrictive covenant shall be liberally construed to give effect to its purposes and intent.

(b) In this subsection, "family home" is a residential home that meets the definition of and requirements applicable to a family home under Chapter 123, Human Resources Code. A dedicatory instrument or restrictive covenant may not be construed to prevent the use of property as a family home. However, any restrictive covenant that applies to property used as a family home shall be liberally construed to give effect to its purposes and intent except to the extent that the construction would restrict the use as a family home.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.