Frank and Deborah Pilarcik, Petitioners v. James R. Emmons and Susie Emmons, Preston and Fern Hasty, Doug Johnson…

Summary

The Texas Supreme Court held that the Architectural Control Committee (ACC) had authority under the restrictive covenants to waive the prohibition on composition‑shingle roofs and that the written approvals obtained by the Pilarciks satisfied the covenant’s procedural requirements, so the trial court’s summary‑judgment order was reversed. The Court reasoned that the waiver provision and the roof restriction are both specific and can be read together, and that the term “proposed house” includes alterations to an existing home. Justice Gonzalez dissented, arguing that the covenant language is ambiguous and that a factual issue remains regarding the ACC’s authority, warranting a trial.