Texas Homeowner Wins 3-Year Battle Against HOA, Awarded Over $33,000

A San Antonio homeowner has successfully concluded a nearly three-year legal dispute with her Homeowners Association (HOA), securing over $33,000 in damages, legal fees, and other awards. Elizabeth Luna's victory against the Oaks Northwest HOA came after she alleged the association improperly enacted rental restrictions and interfered with her rental contract and attempts to sell her property.

Luna purchased a townhome in the 11-unit community with no restrictions against renting it out. However, in 2023, the HOA President, Terri Thomure, initiated efforts to prohibit short-term rentals. Luna contended that a special meeting called in March 2023 to approve this restriction did not adhere to Texas legal notice requirements, rendering the amendment invalid.

Despite the dispute over the new rules, Luna secured a tenant on a 12-month lease. According to reports, Thomure then approached the tenant's assistant in the parking lot, demanding personal identification and information about their visit without identifying herself. Shortly thereafter, Luna stated, the tenant withdrew from the lease.

Luna's legal challenges continued when she attempted to sell the property. She reported that the HOA filed a legal claim against the home, which halted the sale process. A judge later dismissed this claim, allowing Luna to sell the property in May 2024.

Luna pursued legal action against the HOA in Bexar County's 438th District Court. This year, a judge ruled in her favor, ordering the Oaks Northwest HOA to pay Luna $10,743.39 in damages and $10,000 in attorney's fees. Additionally, Thomure was ordered to pay $12,500 for interfering with Luna's rental contract. The total judgment against the HOA and its president amounted to $33,243.39, which Luna confirmed has been paid.

Luna expressed hope that her victory would encourage other homeowners to hold their HOA boards accountable, particularly when rules are not being followed. The case highlights the significant power HOAs can wield and the scrutiny they have faced regarding rental restrictions, fees, and enforcement actions.