reglab/housing_qa huggingface dataset:
TX Prop § 210.001 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 210 - Extension or Modification of Residential Restrictive Covenants by Petition in Certain Subdivisions|Section 210.001. Definitions

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 (S.B. 1018), Sec. 1, eff. September 1, 2005.Amended by: Acts 2009, 81st Leg., R.S., Ch. 821 (S.B. 1672), Sec. 2, eff. June 19, 2009.|
TX Prop § 210.002 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 210 - Extension or Modification of Residential Restrictive Covenants by Petition in Certain Subdivisions|Section 210.002. Applicability of Chapter

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 200,000 and less than 220,000; or(2)  more than 45,000 and less than 80,000 that is adjacent to a county with a population of more than 200,000 and less than 220,000.|Added by Acts 2005, 79th Leg., Ch. 1180 (S.B. 1018), Sec. 1, eff. September 1, 2005.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 111, eff. September 1, 2011.|
TX Prop § 210.003 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 210 - Extension or Modification of Residential Restrictive Covenants by Petition in Certain Subdivisions|Section 210.003. Findings and Purpose

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 (S.B. 1018), Sec. 1, eff. September 1, 2005.|
TX Prop § 210.004 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 210 - Extension or Modification of Residential Restrictive Covenants by Petition in Certain Subdivisions|Section 210.004. Extension or Modification of Restrictions

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 (S.B. 1018), Sec. 1, eff. September 1, 2005.|
TX Prop § 210.005 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 210 - Extension or Modification of Residential Restrictive Covenants by Petition in Certain Subdivisions|Section 210.005. Petition Procedure

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 (S.B. 1018), Sec. 1, eff. September 1, 2005.|
TX Prop § 210.006 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 210 - Extension or Modification of Residential Restrictive Covenants by Petition in Certain Subdivisions|Section 210.006. Vote on Proposal

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 (S.B. 1018), Sec. 1, eff. September 1, 2005.|
TX Prop § 210.007 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 210 - Extension or Modification of Residential Restrictive Covenants by Petition in Certain Subdivisions|Section 210.007. Subdivision Consisting of Multiple Sections

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 (S.B. 1018), Sec. 1, eff. September 1, 2005.|
TX Prop § 210.008 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 210 - Extension or Modification of Residential Restrictive Covenants by Petition in Certain Subdivisions|Section 210.008. Resolution Certifying Results of Vote

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 (S.B. 1018), Sec. 1, eff. September 1, 2005.|
TX Prop § 210.009 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 210 - Extension or Modification of Residential Restrictive Covenants by Petition in Certain Subdivisions|Section 210.009. Additional Procedures

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 (S.B. 1018), Sec. 1, eff. September 1, 2005.|
TX Prop § 211.001 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 211 - Amendment and Enforcement of Restrictions in Certain Subdivisions|Section 211.001. Definitions

Sec. 211.001.  DEFINITIONS.  In this chapter:(1)  "Dedicatory instrument" means each governing instrument covering the establishment, maintenance, and operation of a residential subdivision or any similar planned development.  The term includes a declaration or similar instrument subjecting real property to restrictive covenants, bylaws, or similar instruments governing the administration or operation of a property owners' association, to properly adopted rules and regulations of the property owners' association, or to all lawful amendments to the covenants, bylaws, instruments, rules, or regulations.(2)  "Lienholder," "owner," "real property records," and "restrictions" have the meanings assigned by Section 201.003.(3)  "Property owners' association" means an incorporated or unincorporated association owned by or whose members consist primarily of the owners of the property covered by the dedicatory instrument and through which the owners, or the board of directors or similar governing body, manage or regulate the residential subdivision or similar planned development.(4)  "Residential real estate subdivision" or "subdivision" means all land encompassed within one or more maps or plats of land that is divided into two or more parts if:(A)  the maps or plats cover land all or part of which is not located within a municipality and:(i)  for a county with a population of less than 65,000, is not located within the extraterritorial jurisdiction of a municipality;(ii)  for a county with a population of at least 65,000 and less than 135,000, is located wholly within the extraterritorial jurisdiction of a municipality; or(iii)  for a county that borders Lake Buchanan and has a population of at least 18,500 and less than 19,500, is located wholly within the extraterritorial jurisdiction of a municipality;(B)  the land encompassed within the maps or plats is or was burdened by restrictions limiting all or at least a majority of the land area covered by the map or plat, excluding streets and public areas, to residential use only; and(C)  all instruments creating the restrictions are recorded in the deed or real property records of a county.|Added by Acts 2005, 79th Leg., Ch. 1077 (H.B. 1631), Sec. 1, eff. September 1, 2005.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1125 (H.B. 232), Sec. 1, eff. June 17, 2011.Acts 2013, 83rd Leg., R.S., Ch. 1242 (S.B. 1853), Sec. 1, eff. September 1, 2013.|
TX Prop § 211.002 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 211 - Amendment and Enforcement of Restrictions in Certain Subdivisions|Section 211.002. Applicability of Chapter

Sec. 211.002.  APPLICABILITY OF CHAPTER.  (a)  This chapter applies only to a residential real estate subdivision or any unit or parcel of a subdivision:(1)  all or part of which is located within an unincorporated area of a county if the county has a population of less than 65,000;(2)  all of which is located within the extraterritorial jurisdiction of a municipality located in a county that has a population of at least 65,000 and less than 135,000;(3)  all of which is located within the extraterritorial jurisdiction of a municipality located in a county that borders Lake Buchanan and has a population of at least 18,500 and less than 19,500; or(4)  all or part of which is located within a county that borders Lake Livingston and has a population of less than 50,000.(b)  This chapter applies only to restrictions that affect real property within a residential real estate subdivision or any units or parcels of the subdivision and that, by the express terms of the instrument creating the restrictions:(1)  are not subject to a procedure by which the restrictions may be amended;(2)  may not be amended without the unanimous consent of:(A)  all property owners in the subdivision; or(B)  all property owners in any unit or parcel of the subdivision; or(3)  may not be amended without a written instrument that is:(A)  signed by a majority or more than a majority of the owners of the lots in the subdivision; and(B)  filed in the real property records of each county in which all or part of the subdivision is located.(c)  This chapter applies to a restriction regardless of the date on which it was created.(d)  An amendment of a restriction under this chapter is effective on the filing of an instrument reflecting the amendment in the real property records of each county in which all or part of the subdivision is located after the approval of the owners in accordance with the amendment procedure adopted under Section 211.004.|Added by Acts 2005, 79th Leg., Ch. 1077 (H.B. 1631), Sec. 1, eff. September 1, 2005.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1125 (H.B. 232), Sec. 2, eff. June 17, 2011.Acts 2013, 83rd Leg., R.S., Ch. 1242 (S.B. 1853), Sec. 2, eff. September 1, 2013.Acts 2015, 84th Leg., R.S., Ch. 901 (S.B. 1852), Sec. 1, eff. June 18, 2015.|
TX Prop § 211.003 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 211 - Amendment and Enforcement of Restrictions in Certain Subdivisions|Section 211.003. Findings and Purpose

Sec. 211.003.  FINDINGS AND PURPOSE.  (a)  The legislature finds that:(1)  owners of land in certain real estate subdivisions are unable to govern the subdivisions by democratic principles of self-government;(2)  requiring unanimous consent to amend or modify restrictions in affected subdivisions or units or parcels of the subdivisions is impractical and unworkable to bring needed change and improvement;(3)  the inability of owners to amend or modify property restrictions in certain real estate subdivisions in which no zoning regulations apply creates uncertainty in living conditions and discourages investments in those subdivisions;(4)  owners of land in affected subdivisions are reluctant or unable to provide proper maintenance, upkeep, and repairs of structures because of the inability to amend or modify the restrictions in response to changing circumstances;(5)  financial institutions are reluctant to or will not lend money for investments, maintenance, upkeep, or repairs in affected subdivisions;(6)  these conditions will 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(7)  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 creating, modifying, or adding to 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. 1077 (H.B. 1631), Sec. 1, eff. September 1, 2005.|
TX Prop § 211.004 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 211 - Amendment and Enforcement of Restrictions in Certain Subdivisions|Section 211.004. Creation or Modification of Procedure to Amend Restrictions

Sec. 211.004.  CREATION OR MODIFICATION OF PROCEDURE TO AMEND RESTRICTIONS.  (a)  A property owners' association by a two-thirds vote of the association's governing body may submit a procedure for amending restrictions to a vote of the property owners in the subdivision or in the unit or parcel of the subdivision governed by restrictions.(b)  An amendment procedure submitted to a vote under Subsection (a) binds all property owners in the subdivision or the unit or parcel of the subdivision to which the procedure applies if more than two-thirds of the voting property owners vote in favor of the procedure.(c)  Not later than the 30th day before the date a ballot for a vote under this section must be received to be counted, the property owners' association shall mail to each affected property owner a notice that includes:(1)  the exact wording of the amendment procedure; and(2)  the date by which a property owner's ballot must be received to be counted.(d)  The property owners' association shall pay all costs of:(1)  printing and mailing the required notices and ballots; and(2)  canvassing, tabulating, and certifying the vote.(e)  A property owner may not cast more than one vote, regardless of the number of lots the person owns.  If more than one person owns an interest in a lot, the owners may cast only one vote for that lot.  A person may not vote if the person has an interest in a lot only by virtue of being a lienholder.(f)  A ballot cast under this section is secret and may not be counted unless it is placed inside an unmarked envelope that is placed inside another envelope that bears the signature and printed name of the property owner casting the enclosed ballot.(g)  The presiding officer of the property owners' association shall appoint an election canvassing committee and a committee chairperson to canvass and count the votes and determine the outcome.(h)  If the amendment procedure receives the number of votes required under Subsection (b), the election canvassing committee chairperson shall certify the result to the presiding officer of the property owners' association.  The presiding officer shall file in the real property records of each county in which all or part of the subdivision is located an instrument that indicates that the procedure was adopted.(i)  If the amendment procedure is not adopted, the property owners' association may not submit the same amendment procedure to a vote under this section on or before the first anniversary of the date the previous votes on the procedure were certified.|Added by Acts 2005, 79th Leg., Ch. 1077 (H.B. 1631), Sec. 1, eff. September 1, 2005.|
TX Prop § 211.005 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 211 - Amendment and Enforcement of Restrictions in Certain Subdivisions|Section 211.005. Effect of Adopting Amendment Procedure

Sec. 211.005.  EFFECT OF ADOPTING AMENDMENT PROCEDURE.  After the effective date of the adoption of the amendment procedure under this chapter, any proposed amendment to the restrictions described by Section 211.002(b) applicable to the subdivision or unit or parcel of the subdivision, as applicable, must be submitted for approval to the owners under the amendment procedure.|Added by Acts 2005, 79th Leg., Ch. 1077 (H.B. 1631), Sec. 1, eff. September 1, 2005.|
TX Prop § 212.001 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 212 - Extension of Restrictions by Majority Vote in Certain Subdivisions|Section 212.001. Definitions

Sec. 212.001.  DEFINITIONS.  In this chapter, "lienholder," "owner," "restrictions," and "residential real estate subdivision" or "subdivision" have the meanings assigned by Section 201.003.|Added by Acts 2011, 82nd Leg., R.S., Ch. 954 (H.B. 1071), Sec. 2, eff. June 17, 2011.|
TX Prop § 212.002 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 212 - Extension of Restrictions by Majority Vote in Certain Subdivisions|Section 212.002. Applicability of Chapter

Sec. 212.002.  APPLICABILITY OF CHAPTER.  This chapter applies only to a residential real estate subdivision that:(1)  is located wholly or partly in a municipality with a population of more than two million located in a county with a population of 3.3 million or more; and(2)  is subject to restrictions the terms of which:(A)  provide that the restrictions expire;(B)  permit the restrictions to be extended after the initial restriction period expires if a majority of the owners of lots in the subdivision, by a written instrument that is acknowledged and filed for record, signify consent to the extension of the restrictions for a further period the maximum length of which is specified by the restrictions; and(C)  do not expressly provide for or expressly prohibit successive extensions of the restrictions after the expiration of the initial extension period.|Added by Acts 2011, 82nd Leg., R.S., Ch. 954 (H.B. 1071), Sec. 2, eff. June 17, 2011.|