SAN ANTONIO — A San Antonio homeowner won a nearly three-year legal battle against her homeowners association after a Bexar County judge ordered the HOA and its president to pay more than $32,000 over a rental dispute.
Elizabeth Luna owned a rental townhome at Oaks Northwest, an 11-unit community near the San Antonio Medical Center. Court records show Luna purchased the property without rental restrictions and rented it to long-term residents and traveling professionals.
The dispute began after HOA President Terri Thomure pushed for a ban on short-term rentals in 2023.
Luna sued the HOA in Bexar County’s 438th District Court, arguing the association improperly approved the rental restriction. Court records show Thomure called a special meeting in March 2023, but the meeting did not meet Texas notice requirements. The court ruled the amendment void.
Luna said she tried to comply with the restriction anyway and secured a 12-month lease with a long-term tenant.
According to court documents, Thomure approached the tenant’s assistant in the community parking lot without identifying herself and demanded identification and information about the visit. The tenant later canceled the lease.
Luna then attempted to sell the property, but the HOA filed a legal claim against the home. A judge later dismissed the claim, and Luna sold the property in May 2024.
Judge orders more than $32,000 in payments
Bexar County District Judge Monique Maz ruled in Luna’s favor in May and ordered the HOA to pay $10,743.39 in damages and $10,000 in attorney’s fees.
Maz also ordered Thomure to pay Luna $12,500 for tortious interference with her rental contract, bringing the total judgment above $32,000. Luna confirmed that the HOA and Thomure have paid the judgment.
Luna said she viewed the lawsuit as her only option after the dispute continued.
“My only recourse after that was to take them to court. And so that’s what I did. And it was a three-year battle,” Luna said. “But overall, the judge saw the truth, and we prevailed.”
Luna said she hopes the case encourages other homeowners to challenge HOA boards when they believe board members violate association rules or exceed their authority.
“If you find that your board members are not following the rules, hold them accountable. Hold them to a higher standard,” Luna said. “Because often they abuse that power.”
Bexar County residents who want to file civil claims against an HOA can bring claims under $10,000 to a local justice of the peace court. Residents with larger claims can file through the Bexar County district clerk’s office.