Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 202.004 - Enforcement of Restrictive Covenants(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.Tex. Prop. Code § 202.004
Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. 6/18/1987.