Texas Ct Says Prelitigation Notice Not Jurisdictional & Injunction Requires Balancing of Equities

Texas Appellate Court decision (February 13, 2015).

A homeowners association (“Association”) brought suit against an individual homeowner / member of the Association to enforce restrictive covenants contained in the Association’s governing documents. In the lawsuit, the Association alleged that the homeowner installed windows in his house under construction within the development that were different from the windows that the homeowner had agreed to install and that the Association’s design committee had approved through the Association’s design review and approval process. The trial court issued a judgment granting injunctive relief in favor of the Association and awarded the Association attorney fees. The homeowner appealed the trial court decision.

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