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SONTERRA CAP. PART. v. SONTERRA PROPERTY

No. 04-05-00358-CV.

216 S.W.3d 417 (2006)

SONTERRA CAPITAL PARTNERS, LTD.; SV II Limited Partners, Ltd.; and Toscana at Sonterra, L.P., Appellants, v. SONTERRA PROPERTY OWNERS ASSOCIATION, INC., Appellee.

Court of Appeals of Texas, San Antonio.

September 20, 2006.

Attorney(s) appearing for the Case

Cynthia Hollingsworth, Gardere Wynne Sewell L.L.P., Dallas, Rosemary Bamberger Jackson, San Antonio, for appellants.

Keith P. Miller, Valinda J. Astoria, Miller & Astoria, L.L.P., Nissa M. Dunn, Crofts & Callaway, P.C., San Antonio, for appellee.

Sitting: SARAH B. DUNCAN, PHYLIS J. SPEEDLIN and REBECCA SIMMONS, Justices.

OPINION

Opinion by SARAH B. DUNCAN, Justice.

The owner of a commercial building in the Sonterra subdivision of Stone Oak must pay its allocated share of the assessments necessary to maintain common areas and provide essential services. The primary issue in this appeal is whether, under the Sonterra Property Owners Association Declaration of Covenants, an apartment complex is a commercial building because its owner's primary purpose in owning it is to generate...

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