Li v. Pemberton Park Community Association

Houston, Harris · TX · Supreme Court of Texas

MIXED · fines

What happened

After a 2014 hailstorm, Li sealed a stucco crack; the Pemberton Park association later demanded matching exterior paint, closed then reopened the violation, and in 2017 sued for injunction, statutory damages, and fees. Pro se, Li answered and moved for summary judgment arguing selective/unequal enforcement with photo comparators; the trial court still granted the association summary judgment (injunction, $1,000 statutory damages, ~$16.5k fees). The Fourteenth Court of Appeals affirmed, treating her § 202.004(a) theory as unpreserved. On October 1, 2021, the Texas Supreme Court reversed on preservation only and remanded to the court of appeals.

What the court (or agency) held

VERIFY / REMAND — not a final merits win on selective enforcement. The Texas Supreme Court held that pro se owner Li preserved her argument that enforcement was 'arbitrary, capricious, or discriminatory' under Tex. Prop. Code § 202.004(a) by arguing selective/unequal enforcement in substance, even without citing the statute by number or using its exact words. The case was remanded for the court of appeals to decide remaining issues (including whether evidence raised a fact issue). This opinion does not declare that the association in fact acted arbitrarily.

Why this matters for members

This result is MIXED — a partial win, not a clean sweep on every claim. Substance can preserve a § 202.004(a) defense: arguing selective/unequal enforcement with comparator facts may be enough even if the statute and magic words are missing, especially for a pro se litigant. The association still must prove discretionary enforcement was not arbitrary on the merits after remand; preservation alone does not void the judgment.

What the member did

Documented comparative non-enforcement against other lots; argued selective enforcement and unequal treatment in summary-judgment papers while largely pro se; later obtained counsel for the petition for review.

What did not work

Trial and intermediate appellate courts treated the selective-enforcement theory as waived for lack of a § 202.004(a) citation—until the Supreme Court reversed on preservation only.

Questions for the board

Questions for a lawyer

Citation

Li v. Pemberton Park Community Association, 631 S.W.3d 701 (Tex. 2021); No. 20-0571 (2021-10-01). Supreme Court of Texas. Outcome chip: MIXED/REMAND. Flags: MIXED, remand. Source: https://600hemphill.com/wp-content/uploads/2021/10/Li-v.-Pemberton-Park.pdf

_General information, not legal advice. Outcomes turn on facts and current law._

Source opinion

General information, not legal advice. Outcomes turn on facts and current law.

Not a law firm. Not legal advice. Confirm this against your documents and your state’s law.