Breach of Restrictive Covenant: Are attorney's fees available?

  
Suit for Breach of Restrictive Covenant - Statutory Attorney's fees to prevailing party
  
In “an action based on breach of a restrictive covenant pertaining to real property, the court shall allow to a prevailing party who asserted the action reasonable attorney’s fees in addition to the party’s costs and claim.” Tex. Prop. Code Ann. § 5.006 (Vernon 2010).

In determining reasonable attorney’s fees, the court shall consider (1) the time and labor required; (2) the novelty and difficulty of the questions; (3) the expertise, reputation, and ability of the attorney; and (4) any other factor. Id. The award of attorney’s fees under section 5.006 is mandatory, and a court has no discretion to not award fees to a prevailing party. Ski Masters of Texas, LLC v. Heinemeyer, 269 S.W.3d 662, 674 (Tex. App.—San Antonio 2008, no pet.); Mitchell v. LaFlamme, 60 S.W.3d 123, 130 (Tex. App.—Houston [14th Dist.] 2000, no pet.).

SOURCE: Houston Court of Appeals - 01-09-01086-CV - 8/11/11