WCH Master Community, Inc. v. Thomas Wolf and Eileen Wolf

CourtCourt of Appeals of Texas
DecidedJanuary 8, 2026
Docket15-25-00201-CV
StatusPublished

This text of WCH Master Community, Inc. v. Thomas Wolf and Eileen Wolf (WCH Master Community, Inc. v. Thomas Wolf and Eileen Wolf) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
WCH Master Community, Inc. v. Thomas Wolf and Eileen Wolf, (Tex. Ct. App. 2026).

Opinion

ACCEPTED 15-25-00201-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS NO. 15-25-00201-CV 1/8/2026 1:32 PM CHRISTOPHER A. PRINE WCH MASTER COMMUNITY, INC. § COURT OF APPEALS CLERK Appellant, § FILED IN § 15th COURT OF APPEALS AUSTIN, TEXAS v. § AUSTIN, TEXAS 1/8/2026 1:32:01 PM § CHRISTOPHER A. PRINE THOMAS WOLF AND EILEEN WOLF, § Clerk Appellees. § FIFTEENTH DISTRICT

APPELLEES BRIEF

Thomas Wolf and Eileen Wolf (the "Appellees") in the above-referenced matter file this Appellees Brief

and would respectfully show the Court as follows:

INTRODUCTION

After repeated vehicle break-ins with cars being stolen from the West Cypress Hills (WCH)

neighborhood, on May 9, 2024, the Appellees installed pole-mounted cameras in their front yard as a

security measure with a view of the street. The WCH Community Management company issued a

notification of “non-compliance” to the Appellees on May 16th, stating: Architectural control approval

is required for any modification or alteration. The pole and cameras were installed by the Appellees

without submitting any request for Architectural Control Committee (ACC) review or approval, because

they are security measures as outlined in Texas Property Code, Title 11, Charter 202, Section 202.023

SECURITY MEASURES (TPC202.023), with the homeowners’ rights created therein see Exhibit A.

Despite the Appellees’ belief that the Architectural request was a gross over-reach of HOA authority,

they complied with the notice by submitting the required documentation on or about June 3rd. The

following ACC response was issued June 11th:

We regret to inform you that the West Cypress Hills HOA Architectural Committee has declined your

application for the listed item(s) with the following reason(s):

The ACC is denying the use of pole mounted cameras and the associated equipment. The cameras may be mounted on the house, but will not be approved as pole mounted anywhere on the lot.

The pole serves no other purpose than to place cameras in a location for appropriate views of the street,

at an optimal height for recording cars and people approaching the property, while remaining out of

reach for potential threats and vandals. The HOA Board, ACC, and Appellant’s Counsel refuse to

recognize the authority of TPC202.023, and have been harassing the Appellees ever since, as

demonstrated by the Appellant’s case.

APPELLEES EVIDENCE

To support the facts in this Case, Appellees attach the following evidence and incorporate the

evidence into this Brief by reference:

Exhibit A: Texas Property Code, Title 11, Charter 202, Section 202.023 SECURITY MEASURES

Exhibit B: Senate Committee on Business & Commerce, Bill Analysis, SRC-JJB C.S.H.B. 3571 87(R)

Exhibit C: 2024-11-05 Corr to Wolf re Resp to Letter – 001737-000001

Exhibit D: Notification - License Plate Readers: FAQs, Why wasn’t there a neighborhood vote on this?

Exhibit E: Minimizing Damages to the Community Residents

SUPPORT FOR THE SUMMARY JUDGMENT STANDARD

A party may move for a no-evidence summary judgment “after adequate time for discovery.”

TX. R. CIV. P. 166a(i). Appellants filed their lawsuit on January 27, 2025. After almost seven months,

Appellants have had more than adequate time for discovery.

The standard for determining whether a movant for a traditional motion for summary judgment

has met its burden is whether the movant has shown that there is no genuine issue of material fact and

judgment should be granted as a matter of law. Provident Life & Accident Ins. Co. v. Knott, 128 S.W.3d

211, 215–16 (Tex. 2003.) The courts of Texas have determined that a “no-evidence” motion for

summary judgment is essentially a pre-trial directed verdict and have applied the same legal sufficiency standard in reviewing such “no-evidence” summary judgments as applied in directed verdict

circumstances. See Malone v. E.I. Du Pont De Nemours & Co., 8 S.W.3d 710, 714 (Tex. App.—Fort

Worth, 1999, pet. denied); Frazier v. Yu, 987 S.W.2d 607, 610 (Tex. App.—Fort Worth 1999, pet.

denied); Moore v. K-Mart Corp., 981 S.W.2d 266, 269 (Tex. App.—San Antonio 1989, pet. denied).

Unlike a traditional summary judgment, a no-evidence summary judgment movant does not bear

the burden of establishing a right to judgment by proving each claim or defense. See Holmstrom v. Lee,

26 S.W.3d 526, 530 (Tex. App.—Austin 2000, no pet.). Instead, a party seeking a no-evidence summary

judgment must merely assert that no evidence exists as to one or more essential elements of claims upon

which the non-movant would have the burden of proof at trial. See McCombs v. Children’s Med. Ctr., 1

S.W.3d 256, 258 (Tex. App.—Texarkana 1999, no pet.). A movant who conclusively negates a single

essential element of a cause of action is entitled to summary judgment on that claim. See KCM Fin. LLC

v. Bradshaw, 457 S.W.3d 70, 79 (Tex. 2015); Nall v. Plunkett, 404 S.W.3d 552, 555 (Tex. 2013); Frost

Nat’l Bank v. Fernandez, 315 S.W.3d 494, 508 (Tex. 2010.) If the non-movant fails to produce more

than a scintilla of probative evidence raising a genuine issue of fact as to an essential element of a claim

on which the non-movant has the burden of proof at trial, summary judgment is appropriate. See TX. R.

CIV. P. 166a(i); Holmstrom, 26 S.W.3d at 530.

BURDEN OF PROOF

Appellant’s evidence and arguments are predicated on the false premise of the Appellees

installing an “improvement” instead of security measures. Their argument completely fails to address

TPC202.023 and the homeowners’ rights created therein see Exhibit A. The statute specifically says,

(c), a property owners' association may not adopt or enforce a restrictive covenant that prevents a

property owner from building or installing security measures, including but not limited to a security

camera, motion detector, or perimeter fence. Based upon that Statute, there are no enforceable

restrictive covenants to limit the Appellees’ ability to install pole-mounted security cameras on private property. No ACC request, review, or approval is required for installation of safety measures. Moreover,

the Legislator’s original intent for TPC202.023 clearly outlines their desire to ensure that Texans are

able to adequately protect their homes by prohibiting a property owners' association from preventing

a property owner from building or installing security measures see Exhibit B. The same Legislators

also recognized, even well-intentioned property owners' associations can lose sight of the rights of the

private property owners they exist to represent, as demonstrated by the Appellant’s case.

HARM, INJURY, OR DAMAGE

Injury and harm in this case appear to be a work of Hollywood fiction. The Appellants claim they

were required to enforce the restrictive covenants. The Appellees did not cause harm or injury so

egregious to require the HOA Board and ACC to deny the use of a security camera pole on their own

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Related

Frost National Bank v. Fernandez
315 S.W.3d 494 (Texas Supreme Court, 2010)
Holmstrom v. Lee
26 S.W.3d 526 (Court of Appeals of Texas, 2000)
Frazier v. Khai Loong Yu
987 S.W.2d 607 (Court of Appeals of Texas, 1999)
Moore v. K Mart Corp.
981 S.W.2d 266 (Court of Appeals of Texas, 1998)
McCombs v. Children's Medical Center of Dallas
1 S.W.3d 256 (Court of Appeals of Texas, 1999)
Malone v. E.I. Du Pont De Nemours & Co.
8 S.W.3d 710 (Court of Appeals of Texas, 2000)
Provident Life & Accident Insurance Co. v. Knott
128 S.W.3d 211 (Texas Supreme Court, 2003)
KCM Financial LLC v. Bradshaw
457 S.W.3d 70 (Texas Supreme Court, 2015)

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WCH Master Community, Inc. v. Thomas Wolf and Eileen Wolf, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wch-master-community-inc-v-thomas-wolf-and-eileen-wolf-texapp-2026.