San Antonio Homeowner Beats HOA After 3-Year Fight, Wins $33K Judgment

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…

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