Texas Codes
Tex. Prop. Code § 202.004 (2026)
Enforcement Of Restrictive Covenants
✓ current as of May 2026
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Sec. 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.
Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987.
Notes of Decisions
Cited in 107
cases (22 in the last 5 years), 1989–2026 · leading case: Uptegraph v. Sandalwood Civic Club, 312 S.W.3d 918 (Tex. App. 2010).
Uptegraph v. Sandalwood Civic Club, 312 S.W.3d 918 (Tex. App. 2010). “The actions of the ACC and Plaintiff in rejecting the plans for the Beechmont fence, and Plaintiff’s interpretation of its restrictive covenants, are presumed reasonable under Texas Prop.Code § 202.004, and are found to have been reasonable, and were not arbitrary, capricious,…”
Clay Ammerman & Erin Ammernman v. the Ranches of Clear Creek Cmty. Ass'n, Inc. & the Ranches Od Clear Creek Architectural Review Comm., 562 S.W.3d 622 (Tex. App. 2018). “TEX. PROP. CODE ANN. § 202.004 (West 2014).”
Anderson v. New Prop. Owners' Ass'n of Newport, Inc., 122 S.W.3d 378 (Tex. App. 2003). “Tex. PROp.Code Ann. § 202.004 (Vernon 1995).”
Jeffrey A. Severs & Lila Severs & Robert & Linda Gaudin & Mira Vista Homeowners Ass'n, Inc. v. Mira Vista Homeowners Ass'n, Inc. & Jeffrey A. Severs & Lila Severs, 559 S.W.3d 684 (Tex. App. 2018). “Tex. Prop. Code Ann. § 202.004 (a); see also Gettysburg Homeowners Ass’n v.”
Summers v. Highland Composite Prop. Owners Ass'n, 363 S.W.3d 210 (Tex. App. 2011). “Appellants contend in issues one through five that: (1) the trial court misapplied *213 the Texas Property Code to the evidence by holding that Highland is a valid property owners association; (2) the trial court erred by holding that, as a valid property owners association,…”
Tanglewood Homes Ass'n, Inc. v. Stewart A. Feldman, Marla B. Feldman, & Miichael T. Kelly, Tr., 436 S.W.3d 48 (Tex. App. 2014). “” Tex. Prop. Code Ann. § 202.004 (b). It also provides in subsection (c) that “[a] court may assess civil damages for the violation of a restrictive covenant” of up to $200 per day.”
Kosty v. South Shore Harbour Cmty. Assn. Inc., 226 S.W.3d 459 (Tex. App. 2006). “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…”
Air Park-Dallas Zoning Comm. v. Crow-Billingsley Airpark, Ltd., 109 S.W.3d 900 (Tex. App. 2003). “004(c) The Zoning Committee complains in their ninth issue on appeal that the trial court erred in failing to ■ award civil damages pursuant to Texas Property Code section 202.004(c). Tex.”
Noell v. City of Carrollton, 431 S.W.3d 682 (Tex. App. 2014). “-See Tex. PROp.Code Ann. § 202.004(a) (West 2007).”
Aaron Wiese v. Heathlake Cmty. Ass'n, Inc., 384 S.W.3d 395 (Tex. App. 2012). “” Tex. Prop.Code Ann. § 202.004(a). The Property Code does not define the scope of an association’s discretionary authority.”
Webb v. Glenbrook Owners Ass'n, Inc., 298 S.W.3d 374 (Tex. App. 2009). “See Tex. PROp.Code Ann. § 202.004(c) (Vernon 2007) (court may assess civil damages for violation of restrictive covenant in amount not to exceed $200 for each day of violation).”
Hawkins v. Walker, 233 S.W.3d 380 (Tex. App. 2007). “Tex. Prop.Code Ann. § 202.004(b) (Vernon 2007).”
— Tex. Prop. Code § 202.004(a) — 31 cases
Uptegraph v. Sandalwood Civic Club, 312 S.W.3d 918 (Tex. App. 2010). “The actions of the ACC and Plaintiff in rejecting the plans for the Beechmont fence, and Plaintiff’s interpretation of its restrictive covenants, are presumed reasonable under Texas Prop.Code § 202.004, and are found to have been reasonable, and were not arbitrary, capricious,…”
Noell v. City of Carrollton, 431 S.W.3d 682 (Tex. App. 2014). “-See Tex. PROp.Code Ann. § 202.004(a) (West 2007).”
Kosty v. South Shore Harbour Cmty. Assn. Inc., 226 S.W.3d 459 (Tex. App. 2006). “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…”
Clay Ammerman & Erin Ammernman v. the Ranches of Clear Creek Cmty. Ass'n, Inc. & the Ranches Od Clear Creek Architectural Review Comm., 562 S.W.3d 622 (Tex. App. 2018). “TEX. PROP. CODE ANN. § 202.004 (West 2014).”
Tanglewood Homes Ass'n, Inc. v. Stewart A. Feldman, Marla B. Feldman, & Miichael T. Kelly, Tr., 436 S.W.3d 48 (Tex. App. 2014). “” Tex. Prop. Code Ann. § 202.004 (b). It also provides in subsection (c) that “[a] court may assess civil damages for the violation of a restrictive covenant” of up to $200 per day.”
— Tex. Prop. Code § 202.004(b) — 11 cases
Summers v. Highland Composite Prop. Owners Ass'n, 363 S.W.3d 210 (Tex. App. 2011). “Appellants contend in issues one through five that: (1) the trial court misapplied *213 the Texas Property Code to the evidence by holding that Highland is a valid property owners association; (2) the trial court erred by holding that, as a valid property owners association,…”
Hawkins v. Walker, 233 S.W.3d 380 (Tex. App. 2007). “Tex. Prop.Code Ann. § 202.004(b) (Vernon 2007).”
Anderson v. New Prop. Owners' Ass'n of Newport, Inc., 122 S.W.3d 378 (Tex. App. 2003). “Tex. PROp.Code Ann. § 202.004 (Vernon 1995).”
Uptegraph v. Sandalwood Civic Club, 312 S.W.3d 918 (Tex. App. 2010). “The actions of the ACC and Plaintiff in rejecting the plans for the Beechmont fence, and Plaintiff’s interpretation of its restrictive covenants, are presumed reasonable under Texas Prop.Code § 202.004, and are found to have been reasonable, and were not arbitrary, capricious,…”
Clay Ammerman & Erin Ammernman v. the Ranches of Clear Creek Cmty. Ass'n, Inc. & the Ranches Od Clear Creek Architectural Review Comm., 562 S.W.3d 622 (Tex. App. 2018). “TEX. PROP. CODE ANN. § 202.004 (West 2014).”
— Tex. Prop. Code § 202.004(c) — 25 cases
Uptegraph v. Sandalwood Civic Club, 312 S.W.3d 918 (Tex. App. 2010). “The actions of the ACC and Plaintiff in rejecting the plans for the Beechmont fence, and Plaintiff’s interpretation of its restrictive covenants, are presumed reasonable under Texas Prop.Code § 202.004, and are found to have been reasonable, and were not arbitrary, capricious,…”
Air Park-Dallas Zoning Comm. v. Crow-Billingsley Airpark, Ltd., 109 S.W.3d 900 (Tex. App. 2003). “004(c) The Zoning Committee complains in their ninth issue on appeal that the trial court erred in failing to ■ award civil damages pursuant to Texas Property Code section 202.004(c). Tex.”
Webb v. Glenbrook Owners Ass'n, Inc., 298 S.W.3d 374 (Tex. App. 2009). “See Tex. PROp.Code Ann. § 202.004(c) (Vernon 2007) (court may assess civil damages for violation of restrictive covenant in amount not to exceed $200 for each day of violation).”
Owens v. Ousey, 241 S.W.3d 124 (Tex. App. 2007).
Garrett G.B. Robb v. Horizon Communities Improvement Ass'n, Inc., 417 S.W.3d 585 (Tex. App. 2013).
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