2019 Texas Statutes
Property Code
Title 11 - Restrictive Covenants
Chapter 214 - Amendment of Dedicatory Instruments of Certain Mixed-Use Real Estate Developments
Section 214.003. Amendment of Dedicatory Instrument
Sec. 214.003. AMENDMENT OF DEDICATORY INSTRUMENT. (a) This section supersedes any conflicting requirement in a dedicatory instrument of a mixed-use real estate development.
(b) To the extent of any conflict with another provision of this title, this section prevails.
(c) Except as provided by Subsection (d), a declaration of a mixed-use real estate development may be amended only by a vote of a majority of the total votes allocated to property owners entitled to vote on the amendment of the declaration.
(d) If the declaration contains a lower approval requirement than prescribed by Subsection (c), the approval requirement in the declaration controls. If the declaration is silent as to voting rights for an amendment, the declaration may be amended by a vote of a majority of the total votes allocated to property owners entitled to vote on the amendment of the declaration.
(e) While the mixed-use real estate development has a current developer, an amendment made to the declaration under this section requires the current developer to consent to the amendment to be valid.
(f) A bylaw of a mixed-use real estate development may not be amended to conflict with this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 1228 (S.B. 1845), Sec. 1, eff. September 1, 2019.
