Tex. Prop. Code § 202.004 · Chapter 202. CONSTRUCTION AND ENFORCEMENT OF RESTRICTIVE COVENANTS
ENFORCEMENT OF RESTRICTIVE COVENANTS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PR/htm/PR.202.htm
- Text hash
- sha256 8593e324b9e0609b2aebfc64a4d2e93c74f554f41be1acfe7836e02b5943b54b
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.