HOA exception (Texas) · Go Syfert
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HOA exception in Texas

9 Texas opinions name it 1 courts 2001–2022 1 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Killingsworth, Jerry v. the Housing Authority of the City of Dallasgreen
texapp · 2014 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022See id. –9– Waiver aside, the record reflects an adequate time for discovery had passed before the trial court heard the HOA’s motion.

11
City of La Marque v. Braskeygreen
texapp · 2007 · cited in 1 Texas opinions naming this issue, 2018–2018
2 sentences

2018See City of La Marque v. Braskey, 216 S.W.3d 861, 864 (Tex. App.—Houston [1st Dist.] 2007, pet. denied) (right is vested if it has definitive and not simply potential existence); see also Eldercare Props., Inc. v. Department of Human Servs., 63 S.W.3d 551, 556 (Tex. App.—Austin 2001, pet. denied)16 (“[A]ny right ElderCare has to additional beds is contingent on the HOA rule being triggered by high occupancy levels of Medicaid beds in the county and on ElderCare applying for the additional beds made available by the rule.

2018See City of La Marque v. Braskey, 216 S.W.3d 861, 864 (Tex. App.—Houston [1st Dist.] 2007, pet. denied) (right is vested if it has definitive and not simply potential existence); see also Eldercare Props., Inc. v. Department of Human Servs., 63 S.W.3d 551, 556 (Tex. App.—Austin 2001, pet. denied)16 (“[A]ny right ElderCare has to additional beds is contingent on the HOA rule being triggered by high occupancy levels of Medicaid beds in the county and on ElderCare applying for the additional beds made available by the rule.

11
Embrey v. Royal Insurance Co. of Americagreen
tex · 2000 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018Co. of Am., 22 S.W.3d 414, 416 (Tex. 2000). 13 The Developer’s remaining issues on appeal are: • Issue one - the trial court erred in granting the HOA’s motion because the HOA failed to prove the Amendment was invalid; • Issue three - the Repsdorph Property was not conveyed to the HOA because the Declaration did not contain any “words of conveyance;” • Issue four - the Repsdorph Property was not conveyed to the HOA because it was not in existence at the time the Declaration was filed; and • Issue five – the re-plat effectively amended the Declaration.

11
Raman Chandler Properties, L.C. v. Caldwell's Creek Homeowners Ass'ngreen
texapp · 2005 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018See Raman Chandler Props., L.C. v. Caldwell’s Creek Homeowners Ass’n, Inc., 178 S.W.3d 384, 394 (Tex. App.—Fort Worth 2005, pet. denied) (recognizing plat dedication of open space common areas to be maintained for benefit of homeowners’ association).

11
Solar Soccer Club v. Prince of Peace Lutheran Church of Carrolltongreen
texapp · 2007 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018See Solar Soccer Club v. Prince of Peace Lutheran Church of Carrollton, 234 S.W.3d 814, 831 (Tex. App.—Dallas 2007, pet. denied)(trial court has broad discretion in determining amount of security).

11
ElderCare Properties, Inc. v. Texas Department of Human Servicesgreen
texapp · 2001 · cited in 1 Texas opinions naming this issue, 2018–2018
2 sentences

2018See City of La Marque v. Braskey, 216 S.W.3d 861, 864 (Tex. App.—Houston [1st Dist.] 2007, pet. denied) (right is vested if it has definitive and not simply potential existence); see also Eldercare Props., Inc. v. Department of Human Servs., 63 S.W.3d 551, 556 (Tex. App.—Austin 2001, pet. denied)16 (“[A]ny right ElderCare has to additional beds is contingent on the HOA rule being triggered by high occupancy levels of Medicaid beds in the county and on ElderCare applying for the additional beds made available by the rule.

2018See City of La Marque v. Braskey, 216 S.W.3d 861, 864 (Tex. App.—Houston [1st Dist.] 2007, pet. denied) (right is vested if it has definitive and not simply potential existence); see also Eldercare Props., Inc. v. Department of Human Servs., 63 S.W.3d 551, 556 (Tex. App.—Austin 2001, pet. denied)16 (“[A]ny right ElderCare has to additional beds is contingent on the HOA rule being triggered by high occupancy levels of Medicaid beds in the county and on ElderCare applying for the additional beds made available by the rule.

11
Roberson v. Odomgreen
texapp · 2017 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018Roberson v. Odom, 529 S.W.3d 498, 502 (Tex. App.—Texarkana 2017, no pet.). 5 • HOA’s claim was invalid because of the Amendment; and • the Repsdorph Property is not on the re-plat.

11
Patino v. Complete Tire, Inc.green
texapp · 2005 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See Patino, 158 S.W.3d at 659 .

11
Ashcreek Homeowner's Ass'n, Inc. v. Smithgreen
texapp · 1995 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See Ashcreek Homeowner’s Ass’n, Inc. v. Smith, 902 S.W.2d 586, 589-90 (Tex. App.—Houston [1st Dist.] 1995, no writ).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Texas Department of Human Services v. Christian Care Centers, Inc. green
texapp · 1992
2 sentences

2001Christian Care, 826 S.W.2d at 719 .

2001Christian Care, 826 S.W.2d at 719 .

32001–2001

Statutes the citing opinions construe

TX § Tex. Hum. Res. Code § 32.034 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 11 (2001–2024) TX 9 (2001–2022) UT 4 (2006–2018) WA 3 (2011–2023) NV 2 (2018–2019) IL 2 (2016–2016) CO 2 (2001–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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