The dispute originated in 2020 when Masha Davis sought approval to add the accessory space within the Davis Spring subdivision, only to be rejected by the Architectural Review Committee for allegedly exceeding roofline height limits. Davis sued the Davis Spring Property Owners’ Association and board president Amanda Mock, ultimately proving that the community's recorded 2002 Design Guidelines contained no such restrictions. Although her claims regarding fiduciary breach and fair housing violations were dismissed, she prevailed on the restrictive covenants claim. The appellate court affirmed the decision on September 29, 2026, ordering the association to cover the granted legal costs.
Key points
Homeowners' associations cannot restrict property additions without explicit backing from…: Homeowners' associations cannot restrict property additions without explicit backing from their recorded design guidelines.
The Texas Third Court of Appeals rejected the property association's arguments challengin…: The Texas Third Court of Appeals rejected the property association's arguments challenging the statutory fee entitlement.
Lawsuits against overreaching property covenants can result in substantial monetary award…: Lawsuits against overreaching property covenants can result in substantial monetary awards against neighborhood governing boards.
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In a Texas case, a homeowner challenged an association’s rejection of her proposed backyard office on the ground of an alleged height violation. Six years after the application was rejected, the Texas Third Court of Appeals awarded her $100,000 in attorney fees, leaving the homeowners’ association with the heavy legal tab.
Backyard project faces opposition
The dispute began in 2020 when Masha Davis, a resident of the Davis Spring subdivision in Williamson County, Texas, applied to build an accessory structure in her backyard. Davis described the proposed addition as a home office, while the homeowners’ association described it as a shed or shed-like structure in court proceedings.
The Texas Third Court of Appeals said the association’s Architectural Review Committee denied the application, finding the proposed building exceeded the height allowed and rose above the roofline.
Davis appealed, arguing that the recorded declaration of the community and its enforceable design guidelines did not include a height restriction that would prohibit her proposed structure. She sued Davis Spring Property Owners’ Association and its board president, Amanda Mock.
An appellate ruling has reversed a trial court order that improperly forced a deceased doctor's estate to remain in litigation against a downstream real estate purchaser. The dispute centers on commercial property that was allegedly acquired through criminal fraud before being resold to an outside firm. Because the estate withdrew its claims before any formal judgment was entered, Texas law made the dismissal effective immediately.
The rock musician adjusted the listing of his contemporary residence down to $11.5 million after several previous marketing efforts failed to attract a buyer. The couple originally moved to the property to escape the Las Vegas heat, but they no longer need it after acquiring an expansive oceanfront estate in Malibu. Even with the discount, the updated valuation positions the owner to realize a profit over his 2021 purchase price.
State detectives and forensic teams have taken charge of the bushland site to identify the adult male remains and determine the circumstances of the death. Emergency personnel established an active crime scene following a mid-afternoon alert to local authorities. Investigators are now appealing directly to the public for leads to help trace the victim and piece together what happened.