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HOUSTON HOME OWNER ASSOCIATION (HOA) SUITS ON APPEAL

Uptegraph v. Sandlwood Civic Club (Tex.App.- Houston [1st Dist.] Feb. 5, 2010)(Taft)
(
homeowners in court, HOA litigation, restrictive covenants, deed restrictions, fence)
[Home owners] appeal from a final judgment awarding Sandalwood Civic Club ("Sandalwood CC") injunctive relief to enforce its
restrictive covenants, a declaratory judgment affirming its authority to enforce the restrictive covenants, damages pursuant to
section 202.004(c) of the Texas Property Code, (1) costs, attorney's fees, and pre- and post-judgment interest.  In three issues, the
Uptegraphs assert that (1) the trial court misinterpreted the Sandalwood subdivision deed restrictions, (2) there is insufficient
evidence to support the trial court's findings of facts and conclusion of law that Sandalwood CC acted reasonably in denying the
Uptegraphs' fence plans and denying an exception to the deed restriction, and (3) the trial court erred in assessing damages
under section 202.004(c) without evidence of actual injury or harm. We affirm.
We conclude that the restrictive covenants in this case are not ambiguous. Although the parties differ over the interpretation of the
restrictions, they can be given a definite and certain legal meaning.  Air Park-Dallas Zoning Comm., 109 S.W.3d at 909.  We hold
that the term "minimum building setback lines" in section 9 of the Sandalwood deed restrictions means the setback lines depicted
on the recorded property plats that reflect the minimum building lines from particular streets established by the City of Houston.
Section 9 thus simply ensures that a fence or wall will not be built nearer to a street than the minimum distance required by the
applicable City of Houston's building setback ordinance, by prohibiting it from being nearer the street than the "minimum building
setback line" reflected on the recorded plat.
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Taft  
Before Chief Justice Radack, Justices Taft and Sharp
01-07-00764-CV  Scott D. Uptegraph, Jr. and Kara K. Uptegraph v. Sandalwood Civic Club   
Appeal from 333rd District Court of Harris County
Trial Court Judge:
Hon. Joseph Halbach   

Malatesta v. Dove Meadows HOA (Tex.App.- Houston [1st Dist.] Dec. 22, 2009)(Bland)
(
HOA litigation, deed restrictions, conclusory affidavit)
Bryan D. Malatesta and Willie Voncille Malatesta, record owners of a parcel on Meadowhill Drive in the Dove Meadows subdivision
(the Meadowhill Drive property), appeal the trial court’s summary judgment granting Dove Meadows’s request for injunctive relief
for deed restriction violations and attorney’s fees.  The Malatestas contend that the trial court erred in failing to consider their
appearance and response in opposition to Dove Meadows’s motion for summary judgment.  They also challenge the affidavits
Dove Meadows submitted with its motion, contending that they cannot support the summary judgment.  Finding no error, we affirm.
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Bland     
Before Chief Justice Radack, Justices Bland and Massengale   
01-08-00772-CV   Bryan D. Malatesta, Willie Voncille Malatesta v. Dove Meadows Homeowners Association,
Inc.   Appeal from 234th District Court of Harris County
Trial Court Judge: The
Honorable Reece Rondon

Mullins v. Briarwick Condo Owners Ass'n (Tex.App.- Houston [14th Dist.] Nov. 24, 2009)(Brown)
(
premises liability, falling object)(sanctions for discovery violations)  
(hindrance of the discovery process justified a presumption her claims lacked merit, the trial court did test and
consider lesser sanctions, the sanction was not too severe given the circumstances of the case, and the
sanction was not based solely on litigant's failure to produce documents)  
AFFIRMED: Opinion by
Justice Brown      
Before Justices Seymore, Brown and Sullivan  
14-08-00129-CV  Susan McGee Mullins v. Briarwick Condominium Owners Association, Inc and KRJ
Management, Inc    
Appeal from 80th District Court of Harris County
Trial Court Judge:
LYNN M. BRADSHAW-HULL

Monk v. Westgate Homeowners' Association, Inc. (Tex.App.- Houston [14th Dist.] Aug. 11, 2009)(Price)
(
motion for new trial overruled by operation of law insufficient to preserve complaint regarding lack of timely or
proper notice of summary judgment motion hearing)(discharge in bankruptcy was not pleaded as affirmative
defense and not raised in summary judgment response and thus waived)(pro se appeal)  
AFFIRMED: Opinion by
Senior Justice Frank C. Price, sitting by assignment    
Before Price, Justices Brock Yates and Guzman  
14-07-00886-CV Joseph Monk v. Westgate Homeowners' Association, Inc.    
Appeal from 270th District Court of Harris County
Trial Court
Judge: Brent Gamble  

McGlown v. Park (Tex.App.- Houston [1st Dist.] Jun. 11, 2009)(summary judgment for home owner's association
reversed;
failure to prove damages and attorney's fees)(award of attorney's fees in summary judgment)
REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO TRIAL COURT FOR FURTHER
PROCEEDINGS:   
Before Justices Taft, Bland and Sharp
01-08-00619-CV Willie McGlown Jr. v. Ashford Park, et al.
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge:
Hon. Jacqueline Lucci Smith  
The Association failed to meet its summary judgment burden to conclusively prove the amount of actual
damages and its reasonable and necessary attorney’s fees. We therefore reverse the judgment and remand the
cause for trial.

Stanford Dev. Corp. v. Stanford Condo Owners Ass'n (Tex.App.- Houston [1st Dist.] Jan 29, 2009)(Radack)
(
arbitration, non-signatory, condo association's standing to sue on behalf of members, bound by arb agreement)
REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by
Chief Justice Radack  
Before Chief Justice Radack, Justices Nuchia and Higley
01-08-00240-CV Stanford Development Corporation v. Stanford Condominium Owners Association
Appeal from 333rd District Court of Harris County
Trial Court
Judge: Hon. Joseph Halbach  

Supkis v. Madison Place Homeowners Ass'n (Tex.App.- Houston [1st Dist.] June 19, 2008)(Radack)
(
homeowner's law, rule against perpetuities not violated)  
AFFIRM TRIAL COURT JUDGMENT: Opinion by
Chief Justice Radack
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00573-CV James L. Supkis v. Madison Place Homeowners Association, Inc.
Appeal from 133rd District Court of Harris County
Trial Court
Judge: Hon. Lamar McCorkle  

Nayyer v. Greenbriar Place Maintenance  Ass'n (Tex.App.- Houston [1st Dist.] Jan. 17, 2008)(Keyes)
(
real estate law, maintenance assessments)
AFFIRM TRIAL COURT JUDGMENT: Opinion by
Justice Keyes
Before Justices Nuchia, Jennings and Keyes
01-06-00566-CV Vijay K. Nayyer v. Greenbriar Place Maintenance Association
Appeal from County Civil Court at Law No 4 of Harris County (
Hon. Roberta A. Lloyd)

Atu v. Slaugher (Tex.App.- Houston [14th Dist.] Sep. 13, 2007)(Frost)(homeowner law, home owners association,
foreclosure sale, excess proceeds, interpleader)
AFFIRMED IN PART/REVER.& REND.& REVER. & REM.: Opinion by Justice Frost, Opinion by Justice Fowler,
Opinion by Justice Anderson
Before Justices Anderson, Fowler and Frost
14-06-00771-CV Biodun Atu v. Kristi A. Slaugher, Trusteee, Et Al
Appeal from County Civil Court at Law No 2 of Harris County (
Judge Gary Michael Block)

Dilston House Condominium Association v. White (Tex.App.- Houston [14th Dist.] May 19, 2007)(Mirabal)
(
homeowner law, condominium declarations, bylaws, attorneys fees)
AFFIRMED: Opinion by
Justice Mirabal
Before Justices Frost and Mirabal
14-05-00960-CV Dilston House Condominium Association v. Dianne White
Appeal from County Civil Court at Law No 1 of Harris County (
Hon. R. Jack Cagle)

Yadzchi v. Chesney (Tex.App.- Houston [14th Dist.] Jan. 30, 2007)(Hedges)
(home owner law, condo association, unjust enrichment, conversion, fraud)
AFFIRMED: Opinion by Chief
Justice Hedges
Before Chief Justice Hedges, Justices Fowler and Edelman  
14-05-00817-CV  Abbas Yadzchi, Et Al v. William S. Chesney, III, Et Al
Appeal from County Civil Court at Law No 4 of Harris County (
Judge Roberta Anne Lloyd)  


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