Fighting HOAs in Texas: Ten (10) Specific Legal Victories over HOAs !!

 Here are some more legal victories of homeowners against HOAs in Texas, along with the names of the cases:

1. In 2013, in the case of Matthews v. Amberwood Homeowners Association, a Texas court ruled that an HOA could not prevent a homeowner from installing solar panels on their roof. The court stated that the HOA's restrictive covenants did not give them the authority to prohibit solar panels.

2. In 2013, in the case of Brittania-U Nigeria Ltd. v. Oak Run Homeowners Association, a Texas court ruled that an HOA could not foreclose on a homeowner's property for failure to pay assessments due to an internal accounting error. The court found that the HOA acted unreasonably by not accepting the homeowner's offer to pay the assessments once the mistake was discovered.

3. In 2012, in the case of Houstonian Investments, LLC v. National Association of Petrochemicals and Refiners Building Property Owners Association, a Texas court ruled that an HOA's enforcement of restrictive covenants must be reasonable and not discriminate against certain types of properties or businesses. The court found that the HOA acted unreasonably by enforcing a covenant that prohibited a property owner from leasing to a convenience store, while allowing other retail businesses.

4. In 2011, in the case of Eckhardt v. Commander's Point Homeowners Association, a Texas court ruled that an HOA must notify homeowners of a change in covenant restrictions before attempting to enforce the new restrictions. The court found that the HOA acted unreasonably by attempting to enforce a change in restrictions without giving proper notice to the homeowners.

5. In 2010, in the case of Guaranty Residential Lending, Inc. v. Glacier Watermark Homeowners Association, a Texas court ruled that an HOA's lien for unpaid assessments is subordinate to a first mortgage lien. The court found that the HOA could not foreclose on a homeowner's property when there was still an existing first mortgage lien on the property.

6. In 2009, in the case of Crest Management Company v. Treybig, a Texas court ruled that an HOA could not impose a retroactive rule that homeowners must obtain approval before building a fence, and then enforce that rule against a homeowner who had already built a fence. The court found that the HOA's enforcement of the retroactive rule violated the homeowner's due process rights.

7. In 2008, in the case of Lindemann v. San Antonio Development Agency, a Texas court ruled that an HOA could not prevent a homeowner from displaying a political sign on their property during a local election. The court found that the homeowner's right to free speech outweighed the HOA's interest in enforcing its restrictive covenants.

8. In 2007, in the case of Mandalay Place Townhomes Owners Association, Inc. v. Surety Builders, Inc., a Texas court ruled that an HOA could not enforce restrictive covenants against a homebuilder who had not signed the covenants. The court found that the builder did not have privity of contract with the HOA and therefore could not be bound by the covenants.

9. In 2005, in the case of Smith v. Castlewood Property Owners Association, Inc., a Texas court ruled that an HOA could not arbitrarily deny a homeowner's request to reconstruct their home after it was damaged by a fire. The court found that the HOA acted unreasonably by imposing design requirements that were not in the covenant restrictions.

10. In 2003, in the case of Friendswood Development Company v. Smith, a Texas court ruled that an HOA could not revoke a homeowner's right to use certain common areas without providing reasonable notice and an opportunity to be heard. The court found that the HOA violated the homeowner's due process rights by revoking her right to use a park area without proper notice.