Jolie Chu v. Windermere Lakes Homeowners Association, Inc.

Summary

The Fourteenth Court of Appeals of Texas affirmed a declaratory judgment enforcing a homeowners association amendment that required leases in the subdivision to have a minimum duration of 180 days. The court held that the amendment was valid because the declaration authorized amendments, the required voting procedures were followed, and the amendment was consistent with the subdivision’s residential-use plan and was not contrary to public policy. The court overruled Jolie Chu’s sole issue and affirmed the trial court’s judgment.

Holdings

1. A validly adopted amendment to restrictive covenants may be enforced against owners who acquired their property before the amendment, including owners who did not vote for it, when the original restrictions authorized amendment, the prescribed amendment procedure was followed, the owners had constructive notice that the restrictions could be amended, and the amendment is not illegal or against public policy.
2. The amendment’s 180-day minimum lease duration and related occupancy requirements were reasonable because they reinforced the existing single-family residential-use restriction and were consistent with the subdivision’s general plan or scheme of development.
3. The amendment was not shown to be unenforceable as against public policy or unconstitutional merely because it restricted short-term leasing and required the owner and occupants to intend that the property become the occupants’ residence.

Questions Presented

1. Whether a homeowners association may enforce against an existing property owner an amendment to restrictive covenants that imposes a minimum lease duration and thereby restricts short-term leasing when the original declaration authorized amendment and the amendment procedure was followed.
2. Whether the amendment was unreasonable or inconsistent with the subdivision’s general plan of development.
3. Whether the amendment was unenforceable as against public policy or unconstitutional because of its restrictions on short-term leasing and occupancy.

Disposition

affirmed