2009 Texas Code
PROPERTY CODE
TITLE 11. RESTRICTIVE COVENANTS
CHAPTER 210. EXTENSION OR MODIFICATION OF RESIDENTIAL RESTRICTIVE COVENANTS  

PROPERTY CODE

TITLE 11. RESTRICTIVE COVENANTS

CHAPTER 210. EXTENSION OR MODIFICATION OF RESIDENTIAL

RESTRICTIVE COVENANTS

Sec. 210.001. DEFINITIONS. In this chapter:

(1) "Dedicatory instrument" has the meaning assigned by Section

202.001.

(2) "Owner" has the meaning assigned by Section 201.003.

(3) "Property owners' association" has the meaning assigned by

Section 202.001.

(4) "Residential real estate subdivision" or "subdivision" has

the meaning assigned by Section 201.003, except that in a county

described by Section 210.002(1) a subdivision that is a gated

community with private streets need not be located in a city,

town, or village or within the extraterritorial jurisdiction of a

city, town, or village.

(5) "Restrictions" has the meaning assigned by Section 201.003.

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

1180, Sec. 1, eff. September 1, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

821, Sec. 2, eff. June 19, 2009.

Sec. 210.002. APPLICABILITY OF CHAPTER. This chapter applies to

a residential real estate subdivision that is located in a county

with a population of:

(1) more than 170,000 and less than 175,000; or

(2) more than 45,000 and less than 75,000 that is adjacent to a

county with a population of more than 170,000 and less than

175,000.

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

1180, Sec. 1, eff. September 1, 2005.

Sec. 210.003. FINDINGS AND PURPOSE. (a) The legislature finds

that:

(1) the pending expiration of and the inability of owners to

extend or modify property restrictions applicable to certain real

estate subdivisions in this state creates uncertainty in living

conditions and discourages investments in those subdivisions;

(2) owners of land in affected subdivisions are reluctant or

unable to provide proper maintenance, upkeep, and repairs of

structures because of the pending expiration of restrictions;

(3) financial institutions cannot or will not lend money for

investments, maintenance, upkeep, or repairs in affected

subdivisions;

(4) these conditions cause dilapidation of housing and other

structures and cause unhealthful and unsanitary conditions in

affected subdivisions, contrary to the health, safety, and

welfare of the public; and

(5) the existence of race-related covenants in restrictions,

regardless of their unenforceability, is offensive, repugnant,

and harmful to members of racial or ethnic minority groups and

public policy requires that those covenants be removed.

(b) The purpose of this chapter is to provide a procedure for

extending or modifying residential restrictions and to provide

for the removal of any restriction or other provision relating to

race, religion, or national origin that is void and unenforceable

under either the United States Constitution or Section 5.026.

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

1180, Sec. 1, eff. September 1, 2005.

Sec. 210.004. EXTENSION OR MODIFICATION OF RESTRICTIONS. (a)

In addition to any procedures provided in a subdivision's

restrictions, a property owners' association, or a petition

committee comprised of at least three owners, may circulate a

petition proposing to extend or modify existing restrictions.

(b) An extension or modification of existing restrictions that

is approved by the owners becomes effective when the resolution

required by Section 210.008 is filed as a dedicatory instrument

with the county clerk of each county in which the subdivision is

located.

(c) An extension or modification of existing restrictions that

is approved by the owners under this chapter is binding on all

properties in the subdivision.

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

1180, Sec. 1, eff. September 1, 2005.

Sec. 210.005. PETITION PROCEDURE. (a) The property owners'

association or petition committee shall deliver to each record

owner of property in the subdivision a petition describing the

exact terms of the proposed extension or modification of the

existing restrictions.

(b) The petition must state the date by which a response must be

received in order to be counted.

(c) The petition may allow each owner to indicate approval or

disapproval of:

(1) the entire proposal; or

(2) specific provisions of the proposal.

(d) Separate signature pages may be delivered if the proposed

extension or modification is stated fully or referenced on each

signature page. A reference may be made by the following or

substantially similar wording: "We the undersigned owners of

property in the __________ Subdivision indicate by our signatures

on this document our approval or disapproval of the proposal(s)

circulated by __________ on or about [date] to [extend or modify]

our restrictive covenants. We acknowledge that we have fully

reviewed the proposal(s)."

(e) The petition must be sent by certified mail, return receipt

requested, to each owner's mailing address as reflected in the

appraisal records maintained by the appraisal district in which

the owner's property is located.

(f) The signature of an owner on the petition conclusively

establishes that the owner received the petition.

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

1180, Sec. 1, eff. September 1, 2005.

Sec. 210.006. VOTE ON PROPOSAL. (a) If the petition allows

owners to indicate only approval or disapproval of the entire

proposal, the proposal is adopted if owners of at least 66

percent of the real property in the subdivision vote in favor of

the proposal. If the petition allows owners to indicate approval

or disapproval of specific provisions of the proposal, a

provision is adopted if owners of at least 66 percent of the real

property in the subdivision vote in favor of the provision.

(b) The property owners' association or petition committee shall

exclude votes by lienholders, contract purchasers, and owners of

mineral interests.

(c) Except as provided by this subsection, the approval or

disapproval of multiple owners of a property may be reflected by

the signatures of a majority of the co-owners. The approval or

disapproval of owners who are married may be reflected by the

signature of one of those owners.

(d) An owner is considered to have cast a vote if the owner

signs the petition indicating approval or disapproval of the

proposal or one or more specific provisions of the proposal.

(e) The property owners' association or petition committee may

only count a vote if the association or committee receives the

vote before the deadline stated in the petition.

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

1180, Sec. 1, eff. September 1, 2005.

Sec. 210.007. SUBDIVISION CONSISTING OF MULTIPLE SECTIONS. If a

subdivision consisting of multiple sections, each with its own

restrictions, is represented by a single property owners'

association, a proposal or specific provision of a proposal is

adopted if owners of at least 66 percent of the total number of

properties in the subdivision vote in favor of the proposal or

provision.

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

1180, Sec. 1, eff. September 1, 2005.

Sec. 210.008. RESOLUTION CERTIFYING RESULTS OF VOTE. (a) The

property owners' association or petition committee shall certify

the results of a vote under this chapter by a written resolution

specifying the number of votes for and against the proposal, or

for and against each provision of the proposal, and shall also

certify that the petition was delivered to each record owner of

property in the subdivision as required by Section 210.005.

(b) The association or committee shall attach to the resolution

a statement of the exact terms of the proposed extension or

modification of the existing restrictions.

(c) The association or committee shall make the resolution,

petition, and signature pages available to any owner on request.

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

1180, Sec. 1, eff. September 1, 2005.

Sec. 210.009. ADDITIONAL PROCEDURES. The procedures provided by

this chapter are in addition to any procedures provided in a

subdivision's restrictions for the extension or modification of

existing restrictions. The property owners' association or

petition committee may propose the extension or modification of

restrictions either in accordance with the procedures provided by

the subdivision's restrictions or the procedures provided by this

chapter.

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

1180, Sec. 1, eff. September 1, 2005.

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