KBG Investments, LLC v. Greenspoint Property Owners' Association, Inc.

OPINION

Tracy Christopher, Justice

In this action by a property owners’ association to enforce a restrictive covenant, the property owner challenges the summary judgment against it and the award of statutory damages for the prop erty owner’s violations of the covenant. Although we conclude that the property owner failed to raise a genuine issue of material fact precluding summary judgment, we hold that the statutory damages awarded constitute exemplary damages, which are available only if the claimant also is awarded more than a nominal amount of other damages for the cause of action. Because…