American Golf Corp. v. Colburn

OPINION

DON WITTIG, Senior Justice.

This is an appeal from a declaratory judgment action construing a restrictive covenant regulating the collection of fees charged to homeowners by their subdivision’s country club. After a bench trial, the court below held the imposition of a quarterly “Minimum Spending Charge” imposed by the country club to be unauthorized. We review the construction of the covenant de novo and affirm.

Background

Mr. and Mrs. Colburn (the “Colburns”) reside in the Walden on Lake Houston Subdivision. As residents, they are members of the Walden on Lake Houston Golf and Country…