(a) A property owners’ association of a residential subdivision may not adopt or enforce a restrictive covenant that prohibits or regulates, including by requiring a permit or fee, the occasional sale of lemonade or other nonalcoholic beverages from a stand on property located in the subdivision by an individual younger than 18 years of age who has the permission of a property owner in the subdivision for the sale.
(b) A property owners’ association:
(1) does not owe a duty of care to persons participating in a beverage sale described by Subsection (a); and
(2) is not liable for any injury to persons participating in a beverage sale described by Subsection (a), except for wilful or wanton acts or gross negligence of the association.
Terms Used In Texas Property Code 202.020
- Property: means real and personal property. See Texas Government Code 311.005