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.