GARDEN OAKS MAINTENANCE ORGANIZATION v. PETER CHANG AND KATHERINE CHANG
Nov 14, 2017OUTCOME: Judgment in favor of the Defendants.
This case involves the attempted enforcement of a deed restriction against building more than a single one-car or two-car garage on a property located in the Garden Oaks, Section 3, Subdivision (the “S ... ubdivision”). Appellant Garden Oaks Maintenance Organization (“GOMO”) filed suit against appellees Peter S. Chang and Katherine M. Chang seeking a permanent injunction to have the Changs remove “the additional two-car garage” they constructed on their property in the Subdivision and seeking civil damages for each day they violated the garage deed restriction. The Changs brought counterclaims for declaratory relief based on GOMO's lack of authority to enforce deed restrictions as a property owners' association under sections 201.005 and 204.006 of the Texas Property Code and under GOMO's bylaws. At trial, the jury found that the Changs failed to comply with the garage deed restriction. Additionally, the jury found: such failures were excused by abandonment; the deed restriction was waived; GOMO's exercise of authority to enforce the restriction was unreasonable; and GOMO should be awarded no civil damages. The jury further found that a reasonable fee for the necessary services of the Changs' attorneys in the case was $80,000. In its final judgment, the trial court rendered judgment against GOMO and in favor of the Changs. On Appeal, the appellate court upheld the trial court's rulings, in relevant part.
