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Tex. Prop. Code § 202.004

ENFORCEMENT OF RESTRICTIVE COVENANTS

Applied in 31 court decisions — leading case Webb v. Glenbrook Owners Ass'n, Inc. (2009)

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

198920002010201830
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) An exercise of discretionary authority by a property owners' association or other representative designated by an owner of real property concerning a restrictive covenant is presumed reasonable unless the court determines by a preponderance of the evidence that the exercise of discretionary authority was arbitrary, capricious, or discriminatory.

(b) A property owners' association or other representative designated by an owner of real property may initiate, defend, or intervene in litigation or an administrative proceeding affecting the enforcement of a restrictive covenant or the protection, preservation, or operation of the property covered by the dedicatory instrument.

(c) A court may assess civil damages for the violation of a restrictive covenant in an amount not to exceed $200 for each day of the violation.

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