McKeough v. Camelot Townhomes Association, Inc.
El Paso, El Paso · TX · Texas Court of Appeals, Eighth District (El Paso)
MIXED · records
What happened
McKeough owned a Camelot Townhomes unit in El Paso and stopped paying assessments amid repair and records disputes. The association sued for unpaid assessments and foreclosure and won traditional summary judgment; it then obtained a no-evidence summary judgment wiping McKeough's repair and records counterclaims. On February 27, 2023, the Eighth Court of Appeals affirmed the assessment/foreclosure traditional SJ, reversed the no-evidence SJ on the counterclaims, and remanded fees.
What the court (or agency) held
Texas condominium owners' books-and-records rights (Prop. Code / bylaws; Burton v. Cravey proper-purpose framework) cannot be wiped out on a no-evidence summary judgment when the owner requested budgets, audits, and financials and stated concern about expenditures—the association must then show lack of proper purpose. The court reversed no-evidence SJ on McKeough's records and repair counterclaims (and fees), while affirming traditional SJ on the association's assessment/foreclosure claim—assessments remain owed.
Why this matters for members
This result is MIXED — a partial win, not a clean sweep on every claim. Records and repair counterclaims can survive if the owner shows requests plus proper purpose; withholding assessments as self-help does not defeat foreclosure summary judgment. Fee awards tied to mixed outcomes may need remand.
What the member did
Made repeated records requests citing bylaws/Property Code duties and a proper purpose (concern about substantial expenditures), and counterclaimed for failure to produce.
What did not work
Withholding assessments as self-help did not defeat the association’s foreclosure summary judgment.
Questions for the board
- When an owner requests budgets/audits with a stated expenditure concern, what is produced and within what timeline?
- Are common-area repair complaints logged and answered in writing?
- Is assessment foreclosure pursued while records requests remain unanswered?
Questions for a lawyer
- What evidence defeats a no-evidence motion on proper-purpose records claims after Burton?
- How should assessment defenses be separated from records/repair counterclaims to avoid foreclosure SJ?
- What fee allocation is appropriate after a split affirmance/reversal?
Citation
McKeough v. Camelot Townhomes Association, Inc., No. 08-21-00057-CV (Tex. App.—El Paso Feb. 27, 2023) (mem. op.) (2023-02-27). Texas Court of Appeals, Eighth District (El Paso). Outcome chip: MIXED. Flags: MIXED, unreported. Source: https://law.justia.com/cases/texas/eighth-court-of-appeals/2023/08-21-00057-cv.html
_General information, not legal advice. Outcomes turn on facts and current law._
General information, not legal advice. Outcomes turn on facts and current law.