I never represent HOA's. The HOA system is fundamentally flawed as a method of privatized local government. Nevertheless, I work within the law and the legal system to protect and defend homeowners.
I handle appeals in state and federal courts, including the U.S. Supreme Court, Texas Supreme Court, Texas intermediate appellate courts, and the 5th Circuit U.S. Court of Appeals.
My caseload is overwhelmingly property-rights oriented, particularly as regards leasing and short-term leasing, but also architectural and construction issues, particularly involving decisions by architectural control committees. I blog about these issues on this site.
City Short-Term Rental Ban cases
Texas courts are splitting on whether cities can ban short-term rentals or subject them to "special use" requirements which allow a homeowner to be denied a permit for any reason at all. But the first batch of appeals following final judgment in the trial courts are giving cities the win. Appeals courts are saying that leasing for short terms is not residential, or else something other than residential without specifying what exactly. These holdings defy Texas Supreme Court precedent — like Tarr v. Timberwood Park — and are setting up requests by homeowners to have the Texas Supreme Court take the issue up. With so many pieces on the chessboard, it's hard to say anything definitive except that some appeals courts really don't like short-term rentals and will engage in slipshod or precedent-defying reasoning to get that result. I am handling most of these cases, with the exception of the Dallas case. My cases involve Fort Worth, Grapevine, Dickinson, New Braunfels, and Volente Beach. This is a complex issue, so set up a consult with me if you need to get a handle on the issue or face a city ban or restriction on leasing.
The Texas Deed Restriction Amendment Disaster
The situation with restrictive covenants (deed restrictions) is dire, even catastrophic for Texas homeowners. The Austin, Corpus Christi, Beaumont, and Houston appeals courts — covering millions of Texans — allow new restrictions to be imposed on owners after purchase. That includes outright bans on leasing, a requirement of permanent owner-occupancy, and, in general, the taking away of valuable rights that people count on when buying land. On June 12, 2026, the Texas Supreme Court again declined to hear a case of this sort, where a subdivision banned all leasing. So it's now up to the 9 other courts of appeals to turn the tide and protect Texas homeowners from having their property rights summarily taken away. But the only advice a lawyer in Texas can possibly give to buyers of land is, you may not be buying any rights at all apart from the right to occupy the property yourself. Everyone else can be taken away by a vote of your neighbors.