Baywood Estates Property Owners Association v. Caolo

392 S.W.3d 776 (2012)

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Baywood Estates Property Owners Association v. Caolo

Texas Court of Appeals
392 S.W.3d 776 (2012)

DD

Facts

A subdivision called Baywood Estates had a common area with a park and a boat ramp. The common area was maintained by the Baywood Estates Property Owners Association, Inc. (association) (defendant). There were deeds in Baywood Estates containing a covenant that required lot owners to pay $10 per year to the association for the maintenance of the common area. A group of lot owners in Baywood Estates (owners) (plaintiffs) brought suit against the association, contending that the covenant was unenforceable. Although a few deeds containing the covenant were submitted to the trial court, there was no evidence indicating whether all the deeds in Baywood Estates contained the covenant. The trial court granted summary judgment in favor of the owners. The association appealed.

Rule of Law

Issue

Holding and Reasoning (Worthen, C.J.)

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