10 Enforcement of Restrictive Covenants
Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987.
Sec. 202.004. ENFORCEMENT OF RESTRICTIVE COVENANTS. (a) An
exerClse 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.
Sec. 202.005. WITHDRAWAL OF SIGNATURE. (a) A signature may be
withdrawn from a petition authorized to be filed in connection with
terminating restrictive covenants, as provided by this section.
(b) To withdraw a signature, the signer must request that the
signature be withdrawn.
(c) To be effective, a withdrawal request must:
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