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 possessed authority under the restrictive covenants to waive the prohibition on composition‑shingle roofs, that the written approvals from ACC members constituted a valid waiver, and that the plaintiffs' summary‑judgment judgment was reversed. Justice Gonzalez dissented, arguing the covenants are ambiguous as to the ACC’s waiver authority and that a factual issue remains.