The authority
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.Tex. Prop. Code § 202.004(a)
Tex. Prop. Code §§ 202.004(a), 209.006, 209.007; Tex. Civ. Prac. & Rem. Code chs. 37, 65
When it applies
An architectural committee that denies a complete application without reviewing it, a fine or fee assessment levied without the required notice, a board acting without a properly noticed meeting, or a condition on approval that the declaration does not authorize. A suit concerning the lot is brought in the county where the property is.
How it is proved up
- Start with the declaration and every amendment, and confirm each one was recorded in the county's real property records, because a dedicatory instrument must be.
- Build the record of what the association actually did: the application, what was submitted with it, the denial, and whether the stated reasons track the declaration's own criteria.
- Check the Property Code's procedural requirements: written notice and an opportunity to cure before enforcement action under section 209.006, and the right to a hearing before the board under section 209.007.
- Plead the declaratory judgment precisely. The declarations asked for become the order, and they should say what the association must do, not only that it was wrong.
- Ask for the injunction the facts support: requiring the committee to decide the application on the declaration's criteria, or barring a charge against the lot.
What defeats it
- A decision the declaration plainly leaves to the committee's judgment, made on the declaration's criteria and explained in writing.
- An owner who built first and applied afterward.
- Suing without first giving the board a written chance to correct its decision.
Where I have used it
Burns v. Sunset Ridge at Tucker Knob HOA · 425th Judicial District Court, Williamson County. Lot owners suing their association over the denial of a complete architectural application and a legal-fee assessment against their lot.
Questions
Can an HOA in Texas deny my plans without a reason?
The association's discretionary decisions are presumed reasonable, but the presumption is overcome by a showing that the decision was arbitrary, capricious or discriminatory. A denial that ignores the declaration's own criteria, or that was made without reviewing the plans submitted, is where that showing usually starts.
Does a Texas HOA have to give notice before fining me?
Generally yes. Before most enforcement actions, including fines, the Property Code requires written notice describing the violation, a reasonable period to cure, and notice of the owner's right to request a hearing before the board.
Where do I sue a Texas HOA?
A suit concerning an interest in real property is brought in the county where the property is located. For a lot in Williamson County, that is Williamson County.
Can I recover attorney's fees from my HOA?
It depends on the claims and on the declaration. A declaratory judgment claim allows the court to award fees that are equitable and just, and many declarations contain their own fee provisions.