A Texas appellate court recently ruled in favor of Abbey Moor of Trophy Club Homeowners’ Association and neighbor Darrel Davis, dismissing claims made by Joyce DeAnda regarding property damage and covenant violations. The decision, issued by the Texas Court of Appeals, 2nd District, on August 27, 2026, confirms the authority of homeowners’ associations to approve property modifications and clarifies the standards for proving damages in such disputes.
The case, identified as Joyce DeAnda v. Abbey Moor of Trophy Club Homeowners’ Association, Inc., and Darrel Davis (docket number 02-25-00379-CV), centered on DeAnda's allegations that Davis's construction of a game room violated the community's covenants, conditions, and restrictions (CCRs) and caused drainage issues affecting her property. The court's ruling has implications for homeowners and associations across Texas, as it reinforces the legal framework governing property modifications and disputes within residential communities.
Background
Joyce DeAnda and Darrel Davis are neighbors in the Abbey Moor subdivision in Trophy Club, Texas. The subdivision is governed by a set of CCRs designed to maintain property values and aesthetic standards. These CCRs include provisions that require homeowners to seek approval from an architectural control committee (ACC) before making modifications to their properties.
In October 2022, Davis sought to build a game room in his backyard. He submitted his plans to the Town of Trophy Club, which approved the construction. Following this, he received approval from the ACC, which found that his design complied with the CCRs. DeAnda later claimed that the construction caused drainage problems that led to flooding on her property, prompting her to file a lawsuit against Davis and the Abbey Moor HOA in 2024.
DeAnda's lawsuit included claims for breach of contract against the HOA, violations of the Texas Property Code, and requests for declaratory relief and a permanent injunction. The HOA and Davis responded with motions for summary judgment, which led to the trial court dismissing DeAnda's claims.
The Ruling
The Texas Court of Appeals ruled on August 27, 2026, affirming the trial court's decision to grant summary judgment in favor of Abbey Moor and Davis. The court found that DeAnda failed to provide sufficient evidence to support her claims, particularly regarding damages. Justice Walker, writing for the court, stated, "DeAnda failed to present more than a scintilla of evidence of damages because her evidence—or lack thereof—is 'so weak as to do no more than create a mere surmise or suspicion' of fact."
The court also addressed DeAnda's claims against Abbey Moor, noting that her breach-of-contract claim was not supported by evidence of damages. The court emphasized that a breach of contract requires proof of damages, which DeAnda did not adequately demonstrate. Furthermore, the court ruled that DeAnda did not have standing to bring her property-code claim, as it could only be enforced by a homeowners’ association or a designated representative.
Impact
This ruling has significant implications for homeowners and associations in Texas. It clarifies that homeowners must provide clear evidence of damages when alleging violations of CCRs. The court's decision reinforces the authority of homeowners’ associations to approve modifications, as long as they comply with established guidelines. This case may set a precedent for future disputes involving property modifications and the enforcement of community rules.
Additionally, the ruling highlights the importance of adhering to procedural requirements when filing claims against homeowners’ associations. Homeowners must ensure that they have the legal standing to pursue such claims and that they can substantiate their allegations with adequate evidence.
What's Next
DeAnda has the option to appeal the decision to the Texas Supreme Court, although it remains unclear whether she will pursue this route. There are no related cases pending that could directly influence this ruling. The outcome of this case may encourage homeowners to be more diligent in understanding their rights and responsibilities within homeowners’ associations.