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Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Property Code § 202.004: ENFORCEMENT OF RESTRICTIVE COVENANTS.

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Where this section sits in the code
  1. PROPERTY CODE
  2. TITLE 11. RESTRICTIVE COVENANTS
  3. CHAPTER 202. CONSTRUCTION AND 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.

Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987.

Collected 2026-08-27T01:47:37Z. Source file · JSON

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