TEXAS – Texas Supreme Court:   “…the homeowner did not violate the restrictive covenants …”

Tarr v. Timberwood Park Owners Ass’n, Inc. (Opinion)

         Argued February 6, 2018

Tarr v. Timberwood Park Owners Ass’n, Inc.

Justia Opinion Summary

The Supreme Court reversed the judgment of the court of appeals affirming the trial court’s decision that a homeowner violated certain restrictive covenants that limit tracts to residential purposes and single-family residents by operating a business on a residential tract and engaging in multi-family, short-term vacation rentals. 

The court of appeals concluded that the rental agreements contracted the residential-purpose limitation because the renters’ stays were merely temporary. The Supreme Court reversed, holding (1) the unambiguous restrictive covenants did not restrict the homeowner from renting his single-family residence to occupants to use his home for a “residential purpose,” no matter how short-lived; and (2) therefore, the homeowner did not violate the restrictive covenants by entering into short-term vacation rental agreements.  Read:

https://law.justia.com/cases/texas/supreme-court/2018/16-1005.html

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