Texas law on any date › Property Code
Property Code §202.004
In force on Sep 21, 2010 · this text took effect Jun 18, 1987 · same as today's text
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.
History: Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987.
Source: the Legislature's file server, seen Nov 08, 2026.
Every version on file
- Effective Jun 18, 1987 · seen Nov 2026–Nov 2026
Attorney General opinions that cite it
- GA-0864 (Sep 21, 2010): Validity and enforceability of certain types of restrictive covenants
A research copy. The official text is the Legislature's (statutes), the Secretary of State's (Texas Administrative Code) or eCFR's (federal rules). Not legal advice.