CHAPTER 206. EXTENSION OF RESTRICTIONS IMPOSING REGULAR ASSESSMENTS IN CERTAIN SUBDIVISIONS
PROPERTY CODE
TITLE 11. RESTRICTIVE COVENANTS
CHAPTER 206. EXTENSION OF RESTRICTIONS IMPOSING REGULAR
ASSESSMENTS IN CERTAIN SUBDIVISIONS
Sec. 206.001. DEFINITIONS. In this chapter:
(1) "Community association" means an incorporated association
created to enforce restrictions.
(2) "Dedicatory instrument" and "restrictive covenant" have the
meanings assigned by Section 202.001.
(3) "Lienholder," "owner," "real property records," "residential
real estate subdivision," and "restrictions" have the meanings
assigned by Section 201.003.
(4) "Regular assessment" means an assessment, charge, fee, or
dues that each owner is required to pay to the community
association on a regular basis and that is to be used by the
association for the benefit of the subdivision in accordance with
the original, extended, added, or modified restrictions.
Added by Acts 1997, 75th Leg., ch. 1249, Sec. 1, eff. Sept. 1,
1997.
Sec. 206.002. APPLICABILITY OF CHAPTER. This chapter applies
only to:
(1) a residential real estate subdivision that:
(A) consists of at least 4,600 homes;
(B) is located in whole or in part in a municipality with a
population of more than 1.6 million located in a county with a
population of 2.8 million or more; and
(C) has restrictions the terms of which are automatically
extended but has a regular assessment that is established by a
separate document that permits the assessment to expire and does
not provide for extension of the term of the assessment; or
(2) a residential real estate subdivision that:
(A) consists of at least 750 homes;
(B) is located in two adjacent municipalities in a county with a
population of 2.8 million or more; and
(C) has use restrictions the terms of which are automatically
extended but has a regular assessment that is established by two
separate documents that permit the assessment to expire and do
not provide for extension of the term of the assessment.
Added by Acts 1997, 75th Leg., ch. 1249, Sec. 1, eff. Sept. 1,
1997. Amended by Acts 2001, 77th Leg., ch. 597, Sec. 1, eff.
Sept. 1, 2001.
Sec. 206.003. EXTENSION OF RESTRICTION IMPOSING REGULAR
ASSESSMENT. (a) A community association may approve and submit
to a vote of the owners an extension of a restriction imposing a
regular assessment.
(b) The extension of a restriction imposing a regular assessment
is approved if a majority of the owners in the subdivision who
vote on the issue in accordance with Section 206.004 vote in
favor of the extension.
(c) An extension approved in accordance with this section and
Section 206.004 applies to all real property in the subdivision,
including residential and commercial property.
(d) A document certifying that a majority of the owners voting
on the issue approved the extension of the restriction must be
recorded in the real property records of the county in which the
subdivision is located.
Added by Acts 1997, 75th Leg., ch. 1249, Sec. 1, eff. Sept. 1,
1997.
Sec. 206.004. METHOD OF VOTING. (a) An extension of a
restriction that imposes a regular assessment must be voted on:
(1) by a written ballot that states the substance of the
amendment extending the restriction and specifies the date by
which the community association must receive a ballot for the
ballot to be counted; or
(2) at a meeting of the property owners in the subdivision.
(b) The community association shall provide for mailing to each
owner, as applicable:
(1) the ballot under Subsection (a)(1); or
(2) notice of the meeting under Subsection (a)(2) that states
the purpose of the meeting.
(c) In conjunction with a vote by ballot or at a meeting under
Subsection (a), the community association may provide for
circulation of a petition in the subdivision.
(d) The vote of multiple owners of a property may be reflected
by the signature or vote of one of the owners.
(e) The community association shall record a copy of the ballot
or petition in the real property records in the county in which
the subdivision is located prior to submission of the extension
to a vote of the owners.
Added by Acts 1997, 75th Leg., ch. 1249, Sec. 1, eff. Sept. 1,
1997.