Homeowner Win in Texas Supreme Court -- HOA Boards Cannot Adopt Rules Which Conflict with Restrictive Covenants
April 27, 2022 12:26
On April 22, 2022, my client Jerry Brice prevailed in the Texas Supreme Court in affirming his right to rent for short terms under restrictive covenants which afforded him a "right to lease with no restrictions." The HOA first argued that "residential use" overrides such a right to lease, but then it switched gears and adopted new rules which banned leasing for short terms. The Texas Supreme Court held that the rules were invalid because they conflicted with the wide-open right to lease contained in the restrictive covenants.