Craig Zgabay and Tammy Zgabay v. NBRC Property Owners Association, 03-14-00660-CV

Homeowners Association (River Chase POA) sent written notice to Mr. and Mrs. Zgabay alleging their lot (Lot 303, River Chase) was being used as a short‑term rental in violation of the Declaration of Covenants, Conditions, and Restrictions for River Chase Unit III.
Association cited Article III §3.01 (single‑family residential use/one dwelling per tract) and Article III §3.14 (prohibition of activities not related to single‑family residential purposes; nuisance standard) as bases for the violation.
The notice demanded immediate cessation of short‑term rental activities, removal of rental advertising, and warned of potential suspension of common‑area privileges, assessment of fines, and recovery of attorney’s fees if noncompliant.
The notice referenced Texas Property Code §§209.006 and 209.007, advised Zgabays of a reasonable cure period and the right to request a written hearing before the board or a committee within 30 days, including the right to appeal a committee decision to the board.
The notice warned of additional procedures (10‑day hearing notice, postponement up to 10 days, hearing to occur within 30 days of request) and invited proof of any federal active‑duty military status relevant to enforcement.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the HOA may prohibit short‑term rentals under the Declaration	Zgabay: (as reflected in the record) likely contends rental use is permitted or covenant enforcement is improper / notice defective	HOA: Declaration’s single‑family and offensive‑activities provisions bar short‑term rentals and support enforcement	Not shown in provided record
Whether the notice complied with Texas Property Code procedural requirements	Zgabay: may argue the notice or hearing opportunity was procedurally deficient	HOA: notice included cure period, written hearing request process, and statutory timing per §§209.006–.007	Not shown in provided record
Whether suspension of common‑area privileges and charging attorney’s fees are permissible remedies	Zgabay: may argue such sanctions are improper or excessive without proper procedure	HOA: contends suspension and recovery of attorney’s fees are available remedies under governing documents and statute	Not shown in provided record
Whether advertising removal and injunctive relief may be ordered	Zgabay: may assert First Amendment or property rights limits, or contest necessity	HOA: seeks removal of rental advertising and warned of further enforcement including possible restraining order and legal action	Not shown in provided record

(No official reporter‑cited authorities appear in the provided excerpt.)