Skip to content
Cagle Pugh Logo Cagle Pugh Logo
  • Home
  • Practice Areas
    • Legislative Updates
    • Texas Homeowners Association Law Book
    • Community Association Law
    • Business Law & Litigation
    • Construction Defects
    • Real Estate Law
    • Insurance Defense
    • Alternative Dispute Resolution
    • Expert Witness Testimony
  • Our Team
    • Gregory S. Cagle
    • Adam Pugh
    • Kathleen “Kate” Kilanowski
    • Paul Byron Starr
    • Greg P. Garza
    • Grant Neidenfeuhr
    • Kevin Slater
    • John Brillian
    • P. Yvette Medina
    • Jason Bailey
    • Matthew L. Kirby
    • Jameson Joyce
    • Careers
  • Educational Seminars
    • Community Manager Training
    • Board Member Training
    • Condominium Transition Workshop
    • Calendar & Registration
  • Office Locations
  • Contact Us
  • Client Payment Portal
Loading...
  • NEWS

  • LATEST NEWS

    Our experts keeping you up to date with our ever changing industry

Newsgscagle2024-01-29T16:06:47-06:00

PRESS RELEASE - TEXAS SUPREME COURT RULING ALLOWS HOA’ S TO ENFORCE RESTRICTIVE COVENANT AMENDMENTS AGAINST SHORT TERM RENTALS

FOR IMMEDIATE RELEASE

January 29, 2024

TEXAS SUPREME COURT RULING ALLOWS HOA’ S TO ENFORCE RESTRICTIVE COVENANT AMENDMENTS AGAINST SHORT TERM RENTALS

Friday, January 26, 2024, the Texas Supreme Court denied pending petitions for review of appellate cases involving a challenge to the validity of restrictive covenant amendments that incorporated new restrictions regulating the use of property for short-term rental purposes (“STRs”) and thereby effectively ruled that the owners in a homeowners association have the right to amend their restrictive covenants to regulate or restrict STRs, as long as the correct procedures are followed.

In short, this means that any short-term rental restriction amendment that is properly approved by the members of the homeowners association will be valid and enforceable against all property owners regardless of when they purchased their property, even if some owners within the community purchased their property with the intent to engage in short-term leasing prior to the enactment of the amendment.

The Cagle Pugh law firm was involved with most of these cases from the trial court through the proceedings in the Supreme Court and we are proud of the result that we were able to secure for our clients and their communities. This ruling puts control of the residential character of communities and their respective use restrictions for property therein squarely in the hands of the owners in the community.

MEDIA CONTACT: Jena Abernathy, jena.abernathy@caglepugh.com, 737-261-0605

For reference, those cases are identified as:

  • JOLIE CHU v. WINDERMERE LAKES HOMEOWNERS ASSOCIATION, INC.; from Harris County; 14th Court of Appeals District (14-21-00001-CV, 652 SW3d 899, 08-30-22)
  • EMILY FOURNIER, DAVID FOURNIER, THOMAS NELMS, AND SUSAN NELMS v. ANGELWYLDE HOA, INC. AND ANGELWYLDE PLACE HOMEOWNERS ASSOCIATION, INC.; from Travis County; 3rd Court of Appeals District (03-21-00269-CV,                                                                                                                     SW3d                                                                                                                    , 03-17-23)
  • CHARLES CAUTHORN v. PIRATES PROPERTY OWNERS ASSOCIATION; from Galveston County; 1st Court of Appeals District (01-22-00401-CV, 679 SW3d 876, 08-29- 23)
  • COTTONWOOD TRAIL INVESTMENTS, LLC v. PIRATES PROPERTY OWNERS ASSOCIATION; from Galveston County; 1st Court of Appeals District (01-22-00400-CV,           SW3d         , 08-29-23)

CLICK HERE FOR THE FULL PRESS RELEASE

AUSTIN

(737) 261-0600

4301 Westbank Drive
Suite A-150
Austin, Texas 78746

DALLAS

(469) 676-4020

4600 Greenville Ave
Suite 220
Dallas, Texas 75206

HOUSTON

(281) 404-3520

2500 Wilcrest
Suite 300
Houston, Texas 77042

San Antonio

(726) 222-9240

18756 Stone Oak Parkway
Suite 200
San Antonio, Texas 78258
© Copyright     |   All Rights Reserved   |   
FacebookTwitterInstagramYouTube
Page load link
Go to Top