2009 Texas Code
PROPERTY CODE
TITLE 11. RESTRICTIVE COVENANTS
CHAPTER 202. CONSTRUCTION AND ENFORCEMENT OF RESTRICTIVE COVENANTS  

PROPERTY CODE

TITLE 11. RESTRICTIVE COVENANTS

CHAPTER 202. CONSTRUCTION AND ENFORCEMENT OF RESTRICTIVE

COVENANTS

Sec. 202.001. DEFINITIONS. In this chapter:

(1) "Dedicatory instrument" means each governing instrument

covering the establishment, maintenance, and operation of a

residential subdivision, planned unit development, condominium or

townhouse regime, or any similar planned development. The term

includes a declaration or similar instrument subjecting real

property to restrictive covenants, bylaws, or similar instruments

governing the administration or operation of a property owners'

association, to properly adopted rules and regulations of the

property owners' association, or to all lawful amendments to the

covenants, bylaws, instruments, rules, or regulations.

(2) "Property owners' association" means an incorporated or

unincorporated association owned by or whose members consist

primarily of the owners of the property covered by the dedicatory

instrument and through which the owners, or the board of

directors or similar governing body, manage or regulate the

residential subdivision, planned unit development, condominium or

townhouse regime, or similar planned development.

(3) "Petition" means one or more instruments, however designated

or entitled, by which one or more actions relating to restrictive

covenants are sought to be accomplished.

(4) "Restrictive covenant" means any covenant, condition, or

restriction contained in a dedicatory instrument, whether

mandatory, prohibitive, permissive, or administrative.

Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18,

1987.

Sec. 202.002. APPLICABILITY OF CHAPTER. (a) This chapter

applies to all restrictive covenants regardless of the date on

which they were created.

(b) This chapter does not affect the requirements of the

Community Homes for Disabled Persons Location Act (Article 1011n,

Vernon's Texas Civil Statutes).

Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18,

1987.

Sec. 202.003. CONSTRUCTION OF RESTRICTIVE COVENANTS. (a) A

restrictive covenant shall be liberally construed to give effect

to its purposes and intent.

(b) In this subsection, "family home" is a residential home that

meets the definition of and requirements applicable to a family

home under the Community Homes for Disabled Persons Location Act

(Article 1011n, Vernon's Texas Civil Statutes). A dedicatory

instrument or restrictive covenant may not be construed to

prevent the use of property as a family home. However, any

restrictive covenant that applies to property used as a family

home shall be liberally construed to give effect to its purposes

and intent except to the extent that the construction would

restrict the use as a family home.

Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18,

1987.

Sec. 202.004. ENFORCEMENT OF RESTRICTIVE COVENANTS. (a) An

exercise of discretionary authority by a property owners'

association or other representative designated by an owner of

real property concerning a restrictive covenant is presumed

reasonable unless the court determines by a preponderance of the

evidence that the exercise of discretionary authority was

arbitrary, capricious, or discriminatory.

(b) A property owners' association or other representative

designated by an owner of real property may initiate, defend, or

intervene in litigation or an administrative proceeding affecting

the enforcement of a restrictive covenant or the protection,

preservation, or operation of the property covered by the

dedicatory instrument.

(c) A court may assess civil damages for the violation of a

restrictive covenant in an amount not to exceed $200 for each day

of the violation.

Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18,

1987.

Sec. 202.005. WITHDRAWAL OF SIGNATURE. (a) A signature may be

withdrawn from a petition authorized to be filed in connection

with terminating restrictive covenants, as provided by this

section.

(b) To withdraw a signature, the signer must request that the

signature be withdrawn.

(c) To be effective, a withdrawal request must:

(1) be in writing and be signed and acknowledged by the signer

of the petition;

(2) be filed with the authority with whom the petition is

required to be filed not later than the day before the petition

filing deadline, if any; and

(3) be delivered in the form of a copy of the request to the

circulator of the petition not later than the date the request is

filed or by the effective date of this chapter, whichever is

later.

(d) A withdrawal request or copy filed or delivered by mail is

considered to be filed or delivered at the time of its receipt by

the appropriate person.

(e) The filing of an effective withdrawal request nullifies the

signature on the petition and places the signer in the same

position as if the signer had not signed the petition.

Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18,

1987.

Sec. 202.006. PUBLIC RECORDS. A property owners' association

shall file the dedicatory instrument in the real property records

of each county in which the property to which the dedicatory

instrument relates is located.

Added by Acts 1999, 76th Leg., ch. 1420, Sec. 2, eff. Sept. 1,

1999.

Sec. 202.007. CERTAIN RESTRICTIVE COVENANTS PROHIBITED. (a) A

property owners' association may not include or enforce a

provision in a dedicatory instrument that prohibits or restricts

a property owner from:

(1) implementing measures promoting solid-waste composting of

vegetation, including grass clippings, leaves, or brush, or

leaving grass clippings uncollected on grass;

(2) installing rain barrels or a rainwater harvesting system; or

(3) implementing efficient irrigation systems, including

underground drip or other drip systems.

(b) A provision that violates Subsection (a) is void.

(c) A property owners' association may restrict the type of turf

used by a property owner in the planting of new turf to encourage

or require water-conserving turf.

(d) This section does not:

(1) restrict a property owners' association from regulating the

requirements, including size, type, shielding, and materials, for

or the location of a composting device, rain barrel, rain

harvesting device, or any other appurtenance if the restriction

does not prohibit the economic installation of the device or

appurtenance on the property owner's property where there is

reasonably sufficient area to install the device or appurtenance;

(2) require a property owners' association to permit a device or

appurtenance described by Subdivision (1) to be installed in or

on property:

(A) owned by the property owners' association;

(B) owned in common by the members of the property owners'

association; or

(C) in an area other than the fenced yard or patio of a property

owner;

(3) prohibit a property owners' association from regulating the

installation of efficient irrigation systems, including

establishing visibility limitations for aesthetic purposes;

(4) prohibit a property owners' association from regulating the

installation or use of gravel, rocks, or cacti; or

(5) restrict a property owners' association from regulating yard

and landscape maintenance if the restrictions or requirements do

not restrict or prohibit turf or landscaping design that promotes

water conservation.

(e) This section does not apply to a property owners'

association that:

(1) is located in a municipality with a population of more than

175,000 that is located in a county in which another municipality

with a population of more than one million is predominantly

located; and

(2) manages or regulates a development in which at least 4,000

acres of the property is subject to a covenant, condition, or

restriction designating the property for commercial use,

multifamily dwellings, or open space.

Added by Acts 2003, 78th Leg., ch. 1024, Sec. 1, eff. Sept. 1,

2003.

Sec. 202.009. REGULATION OF DISPLAY OF POLITICAL SIGNS. (a)

Except as otherwise provided by this section, a property owners'

association may not enforce or adopt a restrictive covenant that

prohibits a property owner from displaying on the owner's

property one or more signs advertising a political candidate or

ballot item for an election:

(1) on or after the 90th day before the date of the election to

which the sign relates; or

(2) before the 10th day after that election date.

(b) This section does not prohibit the enforcement or adoption

of a covenant that:

(1) requires a sign to be ground-mounted; or

(2) limits a property owner to displaying only one sign for each

candidate or ballot item.

(c) This section does not prohibit the enforcement or adoption

of a covenant that prohibits a sign that:

(1) contains roofing material, siding, paving materials, flora,

one or more balloons or lights, or any other similar building,

landscaping, or nonstandard decorative component;

(2) is attached in any way to plant material, a traffic control

device, a light, a trailer, a vehicle, or any other existing

structure or object;

(3) includes the painting of architectural surfaces;

(4) threatens the public health or safety;

(5) is larger than four feet by six feet;

(6) violates a law;

(7) contains language, graphics, or any display that would be

offensive to the ordinary person; or

(8) is accompanied by music or other sounds or by streamers or

is otherwise distracting to motorists.

(d) A property owners' association may remove a sign displayed

in violation of a restrictive covenant permitted by this section.

Added by Acts 2005, 79th Leg., Ch.

1010, Sec. 1, eff. June 18, 2005.