What Can Actually Be Done About Violations?
A – The importance of complying with the covenants, conditions, and restrictions has been made clear by the Texas Legislature in the 1987 statute which states that the community association covenants and restrictions will be liberally rather than narrowly construed or interpreted. The law also allows a judge to fine someone up to $200 per day from the day the violation began, and court costs and attorney’s fees can be awarded to the prevailing party. The Board must ensure that the provisions of the documents are upheld for the benefit of all owners. Deed restriction violations cause the Board to remind the owner of the promise he or she made, to demand that the violation cease, and to require that the property be brought into compliance with the documents. The Association, through its committees of the Board or any individual owner, can take formal action to have the owner come into compliance, after proper notice and due process.
