Use It or Lose It: Failure to Enforce Wipes Out Entire Set of Restrictions
A Texas Court of Appeals has found that the failure to enforce a subdivision’s restrictive covenants constituted an abandonment of the restrictions as a whole — despite the fact that the covenants included a severability provision intended to protect the other provisions if one or more were struck down as unenforceable. (Densmore v. McCarley, Tex.…
The resource you requested is available only to current members.
Please log in or start your membership account.
Member Log In
Need to Renew Your Membership?
If your membership has expired and you wish to renew, visit the Membership Renewal Page.
Sign up for your free trial membership and access this resource now.
Community Association Management Insider helps community association managers keep their co-ops, condominiums, and homeowner’s associations running effectively and within budget — and all in the bounds of state, local, and federal law, as well as their governing documents.
Click here for quick FREE trial sign-up.
As a member, you get:
- Model tools, such as letters to members, bylaws, and contractor agreements
- Step-by-step management techniques
- Updates on new laws and court cases that impact you
- Easy-to-implement solutions to managers' thorniest challenges.
Community Association Management Insider will show you how to:
- Avoid liability and get indemnity
- Effectively and economically manage maintenance and repairs
- Get better deals from contractors
- Get the right insurance coverage
- And much, much more
Sign up for your free trial membership and access this resource now »