Tien Tao Ass'n, Inc. v. Kingsbridge Park Community Ass'n, Inc., 01-96-00395-CV

• Decision Date: 25 September 1997
• Docket Number: No. 01-96-00395-CV,01-96-00395-CV
• Citation: 953 S.W.2d 525
• Parties: TIEN TAO ASSOCIATION, INC., Appellant, v. KINGSBRIDGE PARK COMMUNITY ASSOCIATION, INC., Appellee. (1st Dist.)
• Court: Texas Court of Appeals

Page 525

953 S.W.2d 525

TIEN TAO ASSOCIATION, INC., Appellant, v. KINGSBRIDGE PARK COMMUNITY ASSOCIATION, INC., Appellee.

No. 01-96-00395-CV.

Court of Appeals of Texas Houston (1st Dist.).

Sept. 25, 1997.

David A. Furlow, Kenneth M. Morris, Houston, for Appellants.

William G. Gammon, Houston, for Appellees.

OPINION

ANDELL, Justice.

In this appeal, we must balance the conflicting rights of a homeowner and a neighborhood association. We are asked to decide if the trial court erred in issuing an injunction to enforce various deed restrictions on the use of residential property owned by appellant, the Tien Tao Association, a nonprofit religious corporation. We hold it did not, and we affirm.

Background

Kingsbridge Park is a subdivision located in far southwest Houston. Appellee, the Kingsbridge Park Community Association, promulgates and enforces various deed restrictions, primarily through its architectural control committee (ACC). Eddie Chan and Fat Fan Cheung bought adjacent homes in Kingsbridge at 14102 and 14103 Amber Grove Court. After they deeded these homes to Tien Tao in May 1994, Tien Tao became a corporate homeowner subject to the deed restrictions. A few months before he deeded the home to Tien Tao, Cheung sought and received permission from the ACC to add a game room to the home at 14102 Amber Grove Court. When the building visibly varied from the structural plans submitted before construction began, the ACC sought additional information from Cheung; later, the ACC approved the altered game room plans. Photographs of the room's interior show it is designed and furnished for worship.

Once it acquired the home in January 1995, Tien Tao made several changes to the outside of the property over the following five months. It erected three 30 foot high flagpoles in the backyard, replaced the back lawn with limestone and caliche, and repainted the home's shutters. However, Tien Tao did not seek advance approval from the ACC before making these changes.

Tien Tao housed Cheung and another priest in one of the homes, and also provided frequent accommodation for visiting followers who gathered to worship and discuss plans for the building of a temple nearby. This influx of devotees entailed an increase in the amount of traffic and the number of cars parked in the cul-de-sac. A neighbor complained to Kingsbridge about the changes to the home and the increased traffic.

This complaint generated several inspections and a series of letters from the ACC to Tien Tao concerning these perceived violations of the deed restrictions. Although Tien Tao did comply with some of the requests, it consistently questioned Kingsbridge's authority to enforce compliance. Ultimately, Kingsbridge sued Tien Tao to enforce its compliance with the deed restrictions. Tien Tao filed a general denial. After a bench trial, the court ruled in favor of Kingsbridge.

In its amended final judgment and permanent injunction, the trial court ordered Tien Tao to: (1) remove the three flagpoles from the property and not reconstruct them; (2) repaint the shutters of the home in a color approved by the community association; (3) remove the stones and caliche from the backyard, replacing them with grass; (4) use the property "in a manner consistent with single family residential use" and cease using it to house "more than one family"; and (5) remove a recreational vehicle from the property and cease to store or park it there. The trial court enjoined Tien Tao from parking cars on the street from 10:00 p.m. until 6:00 a.m. each day, except in the driveways or directly in front of the two houses it owned, and awarded attorneys' fees to Kingsbridge. Tien Tao's motion for new trial was overruled, and this appeal ensued.

Construction of the Deed Restrictions

In point of error one, Tien Tao contends the trial court erroneously applied a liberal construction of the deed restrictions, instead of a strict construction. In point of error two, Tien Tao contends the restriction governing "use" of the property is an architectural form restriction, governing construction, but not residential use.

The pertinent "use" portion of the covenant between the homeowners and Kingsbridge is as follows:

ARTICLE III.

Use Restrictions

Section 1. Single family residential construction. No building shall be erected, altered, or permitted to remain on any Lot other than one detached, single-family dwelling used for residential purposes only, and not to exceed two and one-half (2 1/2) stories in height.

....

As used herein, the term "residential purposes" shall ... be construed to prohibit mobile homes or trailers being placed on the Lots, or the use of said Lots for garage apartments, or apartment houses; and no Lot shall be used for business or professional purposes of any kind, nor for any commercial or manufacturing purposes.

When we construe a restrictive covenant, we are guided by several principles. Our primary obligation is to determine the intent of the parties. Meyerland Community Improvement Ass'n v. Temple, 700 S.W.2d 263, 267 (Tex.App.--Houston [1st Dist.] 1985, writ ref'd n.r.e.). We focus not on their subjective intent but on their objective intent, as it is reflected in the written contract. Id. We construe a restrictive covenant to give effect to its purpose. Ashcreek Homeowner's Ass'n, Inc. v. Smith, 902 S.W.2d 586, 589 (Tex.App.--Houston [1st Dist.] 1995, no writ).

Kingsbridge contends the term "use" applies not only to the construction but also to the uses to which the property is put. It notes that the definition of "single-family" has been interpreted to exclude the use by unrelated people of a residence. See Wald v. West MacGregor Protective Ass'n, 332 S.W.2d 338, 341 (Tex.Civ.App.--Houston 1960, writ ref'd n.r.e.) (fraternity house not "residential purpose").

When lots are restricted to "residential purposes only" and the restrictions forbid use for "business purposes of any kind" or for "any commercial, manufacturing or apartment house purposes," some Texas courts have interpreted the restriction as addressing only the architectural character of the structure. See Deep East Texas Regional MHMRS v. Kinnear, 877 S.W.2d 550, 554 (Tex.App.--Beaumont 1994, no writ); Permian Basin Ctrs. v. Alsobrook, 723 S.W.2d 774, 776-77 (Tex.App.--El Paso 1986, writ ref'd n.r.e.); Collins v. City of El Campo, 684 S.W.2d 756, 761-62 (Tex.App.--Corpus Christi 1984, writ ref'd n.r.e.).

Other Texas courts have held that a comparable restrictive covenant addresses both architectural form and the use to which a residence may be put, when the clause says a lot shall be used "for residential purposes only" and that a residence "shall be construed to be a single family dwelling." See Shaver v. Hunter, 626 S.W.2d 574, 576 (Tex.App.--Amarillo 1981, writ ref'd n.r.e.); Davis v. Hinton, 374 S.W.2d 723, 725-26 (Tex.Civ.App.--Tyler 1964, writ ref'd n.r.e.). The use of the word "dwelling" is emphasized as being indicative of a use restriction that goes beyond the nature of the construction. This Court, in Davis v. City of Houston, 869 S.W.2d 493, 495 (Tex.App.-Houston [1st Dist.] 1993, writ denied), also focused on the meaning of the word "dwelling" to interpret a covenant as restricting the use of the structure as well as its form. In determining whether a use restriction applies only to architectural form or to actual use of the property, courts look to headings as well as to the clauses themselves. See Collins, 684 S.W.2d at 761-62.

Here, article III is entitled "Use Restrictions." In section one, the term "single-family residential construction" is used, but so is the term "single-family dwelling used for residential purposes only." Garage apartments and apartment houses are prohibited, as are uses for business, manufacturing, and commercial purposes. In addition, use for professional purposes is prohibited. We conclude that the heading, the word "dwelling," and the prohibition against use for "professional purposes" combine to place this restriction in the category of those dealing with the use of a residence, not merely its construction. We see no error in the trial court's construction of the covenant.

We overrule points of error one and two.

Notice

In point of error three, Tien Tao argues it had no actual or constructive notice of any of the deed restrictions. It contends it was unaware of the "guidelines" that exist in addition to the restrictions themselves, and that the guidelines are unclear. As noted by Tien Tao, covenants requiring submission of plans and consent before construction are valid if they provide adequate notice to the property owner. Davis v. Huey, 620 S.W.2d 561, 565-66 (Tex.1981).

Tien Tao acknowledges having a copy of the deed restrictions, but argues it was not aware of any guidelines until it received a letter in January 1995 from the ACC. The record does not support this contention. The deed restrictions include the following sections:

ARTICLE IV.

Architectural Control Committee

Section 1. Approval of building plans. No building, fence, wall, or other structure shall be commenced, erected, placed, or altered on any Lot, nor shall any exterior addition to or change or alteration therein be made until the construction plans and specifications describing the nature, kind, shape, height, materials and a plot plan showing the location of same, have been approved in writing ... by the Architectural Control Committee.

....

The Architectural Control Committee shall have full and complete authority to approve construction of any improvement on any Lot, and its judgment shall be final and conclusive.

....

Section 4. Minimum Construction Standards. The Architectural Control Committee may from time to time promulgate an outline of minimum acceptable construction standards; provided, however, that such outline will serve as a minimum guideline and such Architectural Control Committee shall not be bound thereby.

These sections make it clear that (1...