Not enforcing the restriction

Quoting word for word from the Houston Chronicle’s legal column on Monday:

Q: How does the Deceptive Trade practices Act apply to a homeowners associations where the board does not enforce the covenants?

A: Several reported appellate court opinions have addressed the issue.

The legal theory is that a homeowners association and its board of directors have a duty to enforce the deed restrictions to the extent reasonably possible.

If the association does nothing to stop a blatant violation, it can be alleged that the board members have breached their fiduciary duty to the surrounding owners.

The result is that the association may be held liable for any damages suffered by the nonviolating owners, such as reduction in property values or the loss of sale.

Gene Haynes