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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 37044
Experience:  30 years in civil, probate, real estate, elder law
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I am reading your answer to a question on statute of limitations

Customer Question

I am reading your answer to a question on statute of limitations on Texas HOA collections. There is a link to the case http://www.12thcoa.courts.state.tx.us/opinions/HTMLOpinion.asp?OpinionID=7464 but it no longer works. Can you give me the case style so I can search the 12th court of appeals for the case and opinion. Thank you
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.
Hi and welcome back to JA. Ray here to help you.Can you give me a few minutes to search for this, thanks for your patience.
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ray replied 1 year ago.
Thanks again for your patience.Ray here. Here is information and cases on collection of HOA liens.
http://caselaw.findlaw.com/tx-court-of-appeals/1221677.html
The case above referenced enforcement of restrictive covenants.
Let me know if you want that case of the stuff I give you here about enforcement of liens, they are apples and oranges.
Thanks again.
Expert:  Ray replied 1 year ago.
More on fines/fees..
http://hoalaw.tinnellylaw.com/collections/
Let me know if you want the case pertaining to enforcement of restrictive covenants, again thats a different area.
Here is that information.
ctions to enforce restrictive covenants are controlled by a four-year statute of limitations. When a restrictive covenant is initially violated, but that violation ceases, limitations does not bar future enforcement of the covenant.Daniels v. Balcones Woods Club, Inc., 2006 Tex. App. LEXIS 957
Restrictive covenants are subject to the general rules of contract construction. A reviewing court liberally construes them in order to give effect to their purpose and intent. Tex. Prop. Code Ann. § 202.003 (1995). An exercise of discretionary authority by a property owners' association or other representative designated by an owner of real property concerning a restrictive covenant is presumed reasonable unless the court determines by a preponderance of the evidence that the exercise of discretionary authority was arbitrary, capricious, or discriminatory. Tex. Prop. Code Ann. § 202.004 (1995).
In order to carry the burden of demonstrating a waiver of restrictive covenants, a party must prove that the violations then existing were so extensive and material as to reasonably lead to the conclusion that the restrictions had been abandoned. The number, nature and severity of the existing violations, any prior acts of enforcement, and whether it is still possible to realize to a substantial degree the benefits sought to be obtained through the covenants are factors to be considered in determining waiver.
Tex. Prop. Code § 202.004
Glenwood Acres Landowners Ass'n v. Alvis, 2007 Tex. App. LEXIS 6060
These are the cases on restrictive covenants and time limits on those.
Expert:  Ray replied 1 year ago.
I am at the court house at present and cannot do a phone cal.Be happy tp send you an offer for more email Q and A time and research,thanks.

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