Here is what I found so far.
Actions 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