Tex. Prop. Code §202.004
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Enforcement of Restrictive Covenants
Texas covenant-enforcement statute. Discretionary enforcement decisions by a property owners' association are presumed reasonable unless a court determines by a preponderance of the evidence that the exercise of discretion was "arbitrary, capricious, or discriminatory." An association or any designated representative may sue to enforce restrictive covenants. Courts may impose civil penalties of up to $200 per day of violation. The TX analog to Riverview v. Spencer & Livingston (WA 2015) on consistent enforcement and reasonableness review.
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Statutory Text
Verified Sep 5, 2026 · TX_LEG_CAPITOL
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.
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Legal references last verified May 20, 2026.
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