TexasHOA Court Cases & Lawsuits (2026)
Texas courts have aggressively enforced HOA deed restrictions and assessment lien rights while also protecting homeowner rights to political speech, solar installation, and required dispute resolution before litigation.
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Landmark Cases — Texas
Wilchester West Concerned Cmty. v. Wilchester West Fund
Assessment lien foreclosure upheld
A homeowner fell behind on annual assessments over several years. The association filed a lien and sought foreclosure. The homeowner challenged the authority to foreclose, arguing the amounts were in dispute. The court upheld the association's right to foreclose on the assessment lien after proper notice and demanded strict compliance with Texas Property Code notice requirements.
Texas HOAs may foreclose assessment liens with strict compliance with the Texas Property Code notice and waiting period requirements.
What this means
For Homeowners
Texas law allows HOAs to foreclose on your home for unpaid assessments. If you dispute an assessment, pay under protest and challenge the amount separately — do not simply stop paying, as the lien and foreclosure process will continue regardless of the dispute.
For Boards
Texas Property Code §209.009 requires specific pre-foreclosure notices. Follow the notice requirements precisely. Strict compliance with Chapter 209 is non-negotiable; procedural errors can delay or invalidate the foreclosure and generate liability.
Latera v. Isle at Mission Hills HOA
Uniform enforcement required
A homeowner was cited for a fence installation while neighboring properties had near-identical fences that the association had not cited. The court found that selective enforcement of deed restrictions when other identical violations existed nearby rendered the enforcement action unenforceable against the cited homeowner.
Texas courts recognize selective enforcement of deed restrictions as a valid defense when an association enforces against one owner while permitting identical violations by others.
What this means
For Homeowners
If your HOA is enforcing a rule against you while ignoring identical violations by neighbors, document those neighboring violations thoroughly. Texas courts recognize selective enforcement as a defense that can bar HOA enforcement actions.
For Boards
Enforcement must be uniform across the community. Conduct periodic community-wide compliance inspections rather than responding only to complaints, which creates a selective enforcement pattern. Document every violation and your response consistently.
City of Brookside Village v. Comeau
Deed restrictions strictly enforced
Homeowners challenged deed restrictions prohibiting mobile homes and requiring minimum square footage for residences, arguing the restrictions were unreasonable. The Texas Supreme Court firmly upheld the restrictive covenants, holding that property owners who purchase lots subject to deed restrictions are contractually bound by them, and courts will not relieve a party from a bad bargain.
Recorded deed restrictions are strictly enforceable contracts in Texas; purchasers are bound by all restrictions of record regardless of personal inconvenience.
What this means
For Homeowners
Texas courts take a strict approach to deed restriction enforcement. The restrictions that run with the land when you purchase are binding contracts — you generally cannot argue you did not know about them or that they are inconvenient.
For Boards
Texas law strongly supports deed restriction enforcement. Restrictions recorded in the chain of title are enforceable as written with limited exceptions. Act consistently and document all enforcement actions.
Gulf Homes Inc. v. Alberson
Deed restrictions held abandoned
Homeowners sought a declaration that deed restrictions in their subdivision had been abandoned due to widespread and long-standing violations throughout the community. The court found that when virtually every lot in a subdivision exhibits the same violation for many years without enforcement, the restriction is deemed abandoned and can no longer be enforced against individual lots.
Deed restrictions that are openly and pervasively violated throughout a subdivision for extended periods without enforcement may be deemed abandoned and unenforceable.
What this means
For Homeowners
If restrictions have been openly and pervasively violated throughout your neighborhood for years without enforcement, you may be able to argue that the restriction has been abandoned. This is a fact-intensive analysis requiring evidence of widespread, long-standing violations.
For Boards
Deed restrictions that go unenforced for extended periods across many properties can be deemed abandoned. Conduct regular community-wide enforcement to preserve the validity of your restrictions — consistent inaction is legally dangerous.
Tex. Prop. Code Ann. §202.018 — Political Sign Cases
HOA cannot ban political signs
Multiple Texas HOAs attempted to enforce rules prohibiting homeowners from displaying political signs, candidate signs, and election-related yard signs on their own lots. Texas Property Code §202.018 (enacted 2011) expressly prohibits any deed restriction or HOA rule from preventing the display of political signs within the timeframe permitted by the statute, rendering such rules void as a matter of law.
Texas Property Code §202.018 voids any HOA rule or deed restriction that prohibits homeowners from displaying political signs during election periods.
What this means
For Homeowners
Texas law protects your right to display political signs on your property during an election period. Any HOA rule that prohibits political signs is void and unenforceable. The protection applies to the space between your front door and the street.
For Boards
Texas Property Code §202.018 nullifies any rule restricting political sign display. Do not attempt to enforce sign restrictions during election periods — violations create liability and attorney fee exposure. Remove any conflicting provisions from your governing documents.
In re HOA Dispute — Mandatory ADR Enforcement
Failure to use ADR bars enforcement
Multiple Texas courts dismissed or stayed HOA enforcement actions where the association failed to offer or complete the mandatory dispute resolution process required by Texas Property Code before filing suit. Courts have consistently held that the statutory dispute resolution requirement is a prerequisite to litigation, and failure to comply deprives the court of jurisdiction.
Texas HOAs must complete the statutory dispute resolution process under Texas Property Code §209.007 before filing enforcement lawsuits or risk dismissal for prematurity.
What this means
For Homeowners
Texas law requires your HOA to offer dispute resolution before filing certain enforcement suits. If your association skips this step and files suit directly, raise the issue as a defense — the court may dismiss the case as prematurely filed.
For Boards
Comply with Texas Property Code Chapter 209's dispute resolution requirements before filing enforcement litigation. The ADR process is a jurisdictional prerequisite, not a suggestion. Failure to complete it can result in case dismissal and wasted litigation costs.
Self-manage your Texas HOA and reduce dispute risk — try LotWize.
The cases above show how procedural mistakes, inconsistent enforcement, and poor record-keeping lead to costly litigation. LotWize helps self-managed boards in Texas track violations consistently, document meeting minutes properly, and follow the procedures that protect the association from the lawsuits in this database.
Start 14-Day Free TrialNot legal advice. Educational purposes only. Case summaries are simplified for general audiences and may omit procedural history, subsequent developments, or nuances relevant to specific situations. Texas HOA law varies by community type, governing documents, and changes in statute. Always consult a licensed Texas HOA attorney for advice specific to your situation. Last reviewed: 2026.