Baywood Estates Property Owners Ass'n v. Caolo
392 S.W.3d 776
Tex. App.2012Background
- In 1971, Southwest Resorts filed the Baywood Subdivision Plat reserving Lots 253-254 as a common park and boat ramp area on Cedar Creek Reservoir.
- A covenant required an annual ten-dollar maintenance assessment for the park and ramp area, binding current and future property owners.
- In 1974, the POA was incorporated to maintain the park and ramp; Southwest conveyed Lots 258 and 254 to the POA.
- Since 1974 the POA has maintained the park and ramp for subdivision owners’ benefit.
- In 2008 four lot owners sued the POA, claiming the POA had no authority to collect assessments or govern the park and ramp; the POA counterclaimed for past due assessments.
- The trial court granted summary judgment declaring no authority and related rights; the POA appealed seeking reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether POA has authority to govern and assess for the park/ramp | POA asserts a general plan/scheme and covenants confer authority. | Plat/deeds show no authority; park dedication to the public. | Summary judgment improper; genuine facts remain; remand. |
Key Cases Cited
- Ski Masters of Tex., LLC v. Heinemeyer, 269 S.W.3d 662 (Tex.App.-Houston [1st Dist.] 2008) (restrictive covenants run with land and may be enforced among lot owners)
- Musgrave v. Brookhaven Lake Prop. Owners Ass’n, Inc., 990 S.W.2d 386 (Tex.App.-Texarkana 1999) (covenants running with the land; notice and enforceability standards)
- Hooper v. Lottman, 171 S.W. 270 (Tex.Civ.App.-El Paso 1914) (early formulation of covenants running with the land for subdivisions)
- Lehmann v. Wallace, 510 S.W.2d 675 (Tex.Civ.App.-San Antonio 1974) (general plan/scheme of development can be shown by multiple sources)
- Curlee v. Walker, 244 S.W.2d 497 (Tex. 1922) (development plans and covenants run with land for subdivisions)