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Can our HOA enforce a restriction for residential use only on a property owner that is trying to open a horse boarding stable?

Comfort, TX |

The deed restrictions prohibit "noxious and nuisance businesses", which a horse stable definitely qualifies as. There are two lots that the developer set aside as being able to have a business (ours) but we moved here because it was quiet and residential. Our business is on the internet and no noise or traffic is generated. This particular property owner says it is his constitutional right to have any business he wants to. However, all owners signed the deed restrictions. The HOA is small and has recently reinstated dues for road repair. There have been no dues for awhile since there were no expenses, but the HOA is still in existence. We are afraid for our privacy, security and quality of life.

Attorney Answers 1

  1. A horse stable is not a "noxious and nuisance businesses" and there is no reason for you to be "afraid for [y]our privacy, security and quality of life".

    But be that as it may, if an owner's property is within the HOA, then the owner has to abide by its rules. It is not clear if the property at issue is in the HOA or not - if it is not, then you have no standing, outside of the area's zoning ordinances, to complain. If the area's zoning allows for horse stables, then the owner is well within his rights to open and operate a horse stable. If his property is within the HOA, he must abide by its rules. A local attorney should be able to review the HOA and advise you. The State Bar of Texas can give you a referral:

    If we do not have a signed fee agreement I am not your attorney and this is not legal advice.

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