A Bexar County judge ordered the Oaks Northwest homeowners association to pay Elizabeth Luna $20,743.39 and board member Terri Thomure to pay another $12,500, for a combined judgment of $33,243.39. Luna’s dispute centered on a rental restriction adopted after she bought her San Antonio townhome, which she says had no restrictions on leasing it out.
A Special Meeting Sparks the Fight
Luna alleged in her lawsuit that board member Terri Thomure sought to prohibit short-term rentals and held a special HOA meeting in March 2023 to approve the restriction. Luna argued the meeting did not comply with Texas notice requirements and that the resulting amendment was void, according to the New York Post. Texas Property Code Section 209.0051 sets notice requirements for association meetings: at least 72 hours for special meetings and 144 hours for regular meetings, according to Dallas HOA Attorneys.
While the restriction was disputed, Luna secured a tenant on a 12-month lease. The Post reported that Thomure approached the tenant’s assistant in a parking lot and demanded identification and information about the visit. Luna said the tenant backed out of the lease after that encounter.
A Lien, a Sale, and a Lawsuit
The Oaks Northwest HOA then filed a legal claim against Luna's home that prevented its sale from moving forward, though a judge later threw out that claim, as reported by New York Post. Luna went on to sell the property in May 2024, as noted by the same report. She pursued the HOA in Bexar County's 438th Civil District Court, where Judge Rosie Alvarado presides following her re-election to a term running through December 2028, according to Bexar County records.
According to the New York Post, citing KSAT’s reporting, the HOA was ordered to pay Luna $10,743.39 in damages and $10,000 in attorney’s fees. The court also entered a separate $12,500 judgment against Thomure, bringing the combined total to $33,243.39. Luna said she has received both payments.
The Board Member's Personal Judgment
The $12,500 award against Thomure was for interfering with Luna’s rental contract.
Other provisions of Chapter 209 may also be relevant to HOA rental disputes, though they address different issues from Luna’s challenge to the amendment. ManageCasa says Section 209.016(b) bars associations from requiring approval of a prospective tenant or demanding a tenant’s credit report or lease application. Graham Management says Section 202.006 requires a rental restriction amendment to be recorded with the county clerk before it can be enforced against property owners. Texas Senate Bill 1588, passed in 2021, amended Chapter 209 to tighten meeting notice rules and require HOAs to disclose evidence at least 10 days before dispute hearings, according to RMWBH Law.
A Separate Texas Supreme Court Precedent
A related but distinct case offers context for how Texas courts have addressed HOA rental limits. In JBrice Holdings, argued February 2, 2022, the Supreme Court of Texas concluded that an HOA could not impose a short-term rental restriction when neither the deed covenants nor the Property Code authorized it. That case involved townhomes whose governing documents set no minimum lease duration, so it does not by itself resolve Luna’s challenge to an amendment, according to the Supreme Court of Texas.
A Pattern Homeowners Are Watching Closely
Luna said the homeowners association abused its power, and after nearly three years of fighting, she said other homeowners should hold HOA boards accountable and scrutinize whether they actually follow their own rules. She added that board members who do not follow the rules should be held to a higher standard.
Homeowner associations can impose rental restrictions, fees and liens, and may pursue foreclosure actions, giving their decisions significant financial consequences for residents. A 2026 LendingTree analysis of the 100 largest U.S. metro areas flagged San Antonio as one of the Texas markets where homeowners are most likely to owe HOA fees, according to Hoodline’s earlier reporting. The same report says nearly 18 million homeowners across those metros paid monthly HOA or condo dues in 2024, with roughly 2.6 million paying $500 or more per month. San Antonio homeowners have also clashed with associations over other governance issues, including a separate Rolling Ridge Club dispute over responsibility for cracked neighborhood sidewalks under the city’s municipal code.
