C.A.U.S.E. v. Village Green, 04-16-00329-CV (4th COA. 07/26/2017)
Following approval at a board of directors meeting, appellee contracted with a local waste management company to be the sole and exclusive provider of waste collection services to the association and required individual residents to pay for waste collection services directly to the company. Thereafter, appellant sued asserting tortious interference with existing contract and prospective business relations, interference with easement rights, breach of the Texas Free Enterprise and Antitrust Act, and breach of restrictive covenants. The trial court granted appellee's motion for summary judgment concluding appellee had the authority to compel owners or residents to use the services of a service provider chosen by the board of directors. On appeal, the court reversed holding the homeowner's association declaration provisions relating to maintenance of the common areas was not unambiguous to compel residents to use a single trash collector selected by the board. Reading the declaration in its entirety, the court saw no clearly worded intent expressly allowing the board to choose one trash collector for the entire neighborhood to the exclusion of all others. Thus the court held that appellee failed to establish as a matter of law that it had the right to compel residents to contract with a single trash collector chosen by the board.C.A.U.S.E. v. Village Green Homeowners Assoc., Inc., San Antonio Court of Appeals, Case No.: 04-16-00329-CV, 07/26/2017.
|August 11, 2017 at 12:00 AM
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