CHAPTER 208. AMENDMENT AND TERMINATION OF RESTRICTIVE COVENANTS IN HISTORIC NEIGHBORHOODS
PROPERTY CODE
TITLE 11. RESTRICTIVE COVENANTS
CHAPTER 208. AMENDMENT AND TERMINATION OF RESTRICTIVE COVENANTS
IN HISTORIC NEIGHBORHOODS
Sec. 208.001. DEFINITIONS. In this chapter:
(1) "Owner" and "real property records" have the meanings
assigned by Section 201.003.
(2) "Dedicatory instrument," "property owners' association,"
"petition," and "restrictive covenant" have the meanings assigned
by Section 202.001.
(3) "Regular assessment" and "special assessment" have the
meanings assigned by Section 204.001.
(4) "Apartment complex" has the meaning assigned by Section
204.002(c).
(5) "Historic neighborhood" means:
(A) an area incorporated as a separate municipality before 1900
and subsequently annexed into another municipality;
(B) an area described by a municipal map or subdivision plat
filed in real property records of the county in which the area is
located before 1900; or
(C) an area designated as a historic district or similar
designation by the municipality in which the area is located, the
Texas Historical Commission, or the National Register of Historic
Places.
Added by Acts 1999, 76th Leg., ch. 871, Sec. 2, eff. June 18,
1999. Renumbered from Sec. 207.001 by Acts 2001, 77th Leg., ch.
1420, Sec. 21.001(98), eff. Sept. 1, 2001.
Sec. 208.002. APPLICABILITY. (a) This chapter applies only to
a historic neighborhood that is located in whole or in part in a
municipality with a population of 1.6 million or more located in
a county with a population of 2.8 million or more.
(b) This chapter applies to a restrictive covenant regardless of
the date on which it was created.
(c) This chapter applies to property in the area of a historic
neighborhood that is zoned for or that contains a commercial
structure, an industrial structure, an apartment complex, or a
condominium development covered by Title 7 only if the owner of
the property signed a restrictive covenant that includes the
property in a common scheme for preservation of historic property
as described by Section 208.004.
Added by Acts 1999, 76th Leg., ch. 871, Sec. 2, eff. June 18,
1999. Renumbered from Sec. 207.002 and amended by Acts 2001, 77th
Leg., ch. 1420, Sec. 21.001(98), 21,002(17), eff. Sept. 1, 2001.
Sec. 208.003. HISTORIC NEIGHBORHOOD PRESERVATION ASSOCIATION.
(a) A historic neighborhood preservation association must:
(1) be a Texas nonprofit corporation or limited liability
company organized, in part, to encourage the preservation of
property in a historic neighborhood; and
(2) open its membership to all owners of property in the
historic neighborhood.
(b) A historic neighborhood preservation association may be
composed of only a portion of the owners of property in the
historic neighborhood.
(c) A historic neighborhood preservation association may be a
property owners' association or an organization that is qualified
as a charitable organization under Section 501(c)(3) of the
Internal Revenue Code of 1986.
(d) A statement in the articles of incorporation or association,
bylaws, regulations, or operating agreement of the historic
neighborhood preservation association is prima facie evidence of
compliance with Subsection (a).
Added by Acts 1999, 76th Leg., ch. 871, Sec. 2, eff. June 18,
1999. Renumbered from Sec. 207.003 by Acts 2001, 77th Leg., ch.
1420, Sec. 21.001(98), eff. Sept. 1, 2001.
Sec. 208.004. COMMON SCHEME FOR PRESERVATION OF PROPERTY IN
HISTORIC NEIGHBORHOOD. (a) A common scheme for preservation of
historic property exists in a historic neighborhood if:
(1) the restrictive covenants were created by individual
dedicatory instruments signed by an owner of one or more
separately owned parcels or tracts in the historic neighborhood;
and
(2) the restrictive covenants authorize a historic neighborhood
preservation association to enforce the restrictive covenants.
(b) A common scheme for preservation of historic property does
not include property that is not subject to restrictive covenants
that authorize a historic neighborhood preservation association
to enforce the restrictive covenants.
(c) Restrictive covenants included in a common scheme for
preservation of historic property exist for the benefit of all
owners of property subject to the common scheme for preservation
as if each owner were referenced in each dedicatory instrument.
(d) Each owner of property subject to a common scheme for
preservation of historic property may enforce restrictive
covenants on other property included in the common scheme for
preservation.
Added by Acts 1999, 76th Leg., ch. 871, Sec. 2, eff. June 18,
1999. Renumbered from Sec. 207.004 by Acts 2001, 77th Leg., ch.
1420, Sec. 21.001(98), eff. Sept. 1, 2001.
Sec. 208.005. AMENDMENT OR TERMINATION OF RESTRICTIVE COVENANTS
UNDER COMMON SCHEME FOR PRESERVATION. (a) A restrictive
covenant applicable to property that is included in a common
scheme for preservation of historic property may not be amended
or terminated except as provided by this section.
(b) A historic neighborhood preservation association may approve
and submit to a vote of the owners of property that is included
in a common scheme for preservation of historic property an
amendment of the restrictive covenants or the termination of all
or part of the restrictive covenants included in the common
scheme for preservation of historic property.
(c) The amendment or termination of a restrictive covenant is
effective and applies to each separately owned parcel or tract
subject to the common scheme for preservation of historic
property if the owners of at least 75 percent of the parcels or
tracts who vote on the issue in accordance with Section 208.006
vote in favor of the amendment or termination of the restrictive
covenant.
(d) A document certifying that 75 percent of the owners voting
on the issue approved the amendment or termination of the
restrictive covenant must be recorded by the historic
neighborhood preservation association in the real property
records of the county in which the historic neighborhood is
located. The document is prima facie evidence that the requisite
percentage of votes was attained and the required formalities for
the action were taken.
Added by Acts 1999, 76th Leg., ch. 871, Sec. 2, eff. June 18,
1999. Renumbered from Sec. 207.005 and amended by Acts 2001, 77th
Leg., ch. 1420, Sec. 21.001(98), 21.002(18), eff. Sept. 1, 2001.
Sec. 208.006. METHOD OF VOTING. (a) An amendment or
termination of a restrictive covenant must be voted on:
(1) by a written ballot that states the substance of the
amendment or termination of the restrictive covenant and
specifies the date by which the historic neighborhood
preservation association must receive a ballot for the ballot to
be counted;
(2) at a meeting of the historic neighborhood preservation
association;
(3) by circulation of a petition by the historic neighborhood
preservation association or a person authorized by the historic
neighborhood preservation association; or
(4) by any combination of methods described by this subsection.
(b) If the vote occurs at a meeting of the historic neighborhood
preservation association under Subsection (a)(2), the historic
neighborhood preservation association shall:
(1) before the meeting, deliver written notice of the meeting
stating the purpose of the meeting to each owner of property
subject to the common scheme for preservation of historic
property; and
(2) provide each owner of property subject to the common scheme
for preservation with the opportunity to appear and vote at the
meeting.
(c) The historic neighborhood preservation association shall
provide for the mailing to each owner, as applicable:
(1) the ballot under Subsection (a)(1);
(2) notice of the meeting under Subsection (a)(2); or
(3) the petition under Subsection (a)(3).
(d) The vote of multiple owners of a property may be reflected
by signature or vote of one of the owners.
(e) The historic neighborhood preservation association shall
record a copy of the ballot or petition, as applicable, in the
real property records of the county in which the historic
neighborhood is located before the vote of the owners.
Added by Acts 1999, 76th Leg., ch. 871, Sec. 2, eff. June 18,
1999. Renumbered from Sec. 207.006 by Acts 2001, 77th Leg., ch.
1420, Sec. 21.001(98), eff. Sept. 1, 2001.
Sec. 208.007. REGULAR AND SPECIAL ASSESSMENTS. The procedure
established by this chapter for the amendment of restrictive
covenants may not be used to establish a regular or special
assessment.
Added by Acts 1999, 76th Leg., ch. 871, Sec. 2, eff. June 18,
1999. Renumbered from Sec. 207.007 by Acts 2001, 77th Leg., ch.
1420, Sec. 21.001(98), eff. Sept. 1, 2001.
Sec. 208.008. BUILDING LINES. The procedure established by this
chapter for the amendment of restrictive covenants may not be
used to modify a building line established by a restrictive
covenant, municipal map, or subdivision plat.
Added by Acts 1999, 76th Leg., ch. 871, Sec. 2, eff. June 18,
1999. Renumbered from Sec. 207.008 by Acts 2001, 77th Leg., ch.
1420, Sec. 21.001(98), eff. Sept. 1, 2001.
Sec. 208.009. DEFENSE TO ENFORCEMENT OF RESTRICTIVE COVENANT.
An owner may not assert as a defense to the enforcement of a
restrictive covenant that is part of a common scheme for
preservation of historic property that the owner or a predecessor
in title signed a blank signature page or similar procedural
defect if the signature page was attached to a dedicatory
instrument adopted by a historic neighborhood preservation
association and:
(1) the dedicatory instrument has been recorded for more than
two years; or
(2) the restrictive covenant is referenced in the owner's title
insurance policy obtained by the owner when the property was
purchased.
Added by Acts 1999, 76th Leg., ch. 871, Sec. 2, eff. June 18,
1999. Renumbered from Sec. 207.009 by Acts 2001, 77th Leg., ch.
1420, Sec. 21.001(98), eff. Sept. 1, 2001.