reglab/housing_qa huggingface dataset:
TX Prop § 212.003 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 212 - Extension of Restrictions by Majority Vote in Certain Subdivisions|Section 212.003. Procedure for Successive Extensions

Sec. 212.003.  PROCEDURE FOR SUCCESSIVE EXTENSIONS.  (a)  Restrictions may be extended under this chapter by the written consent of the owners of a majority of the lots in the subdivision, without respect to the number of lots owned by a particular owner.(b)  Consent for the purposes of this section may be reflected by an owner's signature on a petition or written ballot.(c)  Petitions, written ballots, or both may be distributed to the owners of lots in the subdivision by any method, including one or both of the following methods:(1)  by door-to-door circulation; or(2)  at a meeting of the owners of lots in the subdivision called for the purpose of voting on the proposed extension.(d)  The required signatures must be obtained during the same extension period.  The petitions, written ballots, or both, as applicable, must be filed for record in the county in which the subdivision is located before the earlier of:(1)  the first anniversary of the date on which the first signature is obtained; or(2)  the expiration of the extension period during which the signatures are collected.(e)  Restrictions may be extended under this chapter only once during each unexpired extension period.|Added by Acts 2011, 82nd Leg., R.S., Ch. 954 (H.B. 1071), Sec. 2, eff. June 17, 2011.|
TX Prop § 212.004 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 212 - Extension of Restrictions by Majority Vote in Certain Subdivisions|Section 212.004. Effect of Owner Signature

Sec. 212.004.  EFFECT OF OWNER SIGNATURE.  (a)  The vote of multiple owners of a lot may be reflected by the signature of one of the owners.(b)  After an owner signs a petition or ballot under Section 212.003 or 212.007, the owner's subsequent conveyance of the owner's interest in a lot or unplatted real property in the subdivision does not affect the validity of the signature for the purposes of that section.|Added by Acts 2011, 82nd Leg., R.S., Ch. 954 (H.B. 1071), Sec. 2, eff. June 17, 2011.|
TX Prop § 212.005 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 212 - Extension of Restrictions by Majority Vote in Certain Subdivisions|Section 212.005. Property Owners' Association Not Required

Sec. 212.005.  PROPERTY OWNERS' ASSOCIATION NOT REQUIRED.  Restrictions may be extended under this chapter without the creation of or action by a property owners' association, homeowners association, community association, civic club, or similar organization.|Added by Acts 2011, 82nd Leg., R.S., Ch. 954 (H.B. 1071), Sec. 2, eff. June 17, 2011.|
TX Prop § 212.006 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 212 - Extension of Restrictions by Majority Vote in Certain Subdivisions|Section 212.006. Effective Date of Extension; Length of Extension Period

Sec. 212.006.  EFFECTIVE DATE OF EXTENSION; LENGTH OF EXTENSION PERIOD.  (a)  An extension of restrictions under this chapter takes effect on the date the petitions, written ballots, or both, as applicable, sufficient to reflect the consent required by Section 212.003 are filed and recorded in the real property records of the county in which the subdivision is located.(b)  Subject to Section 212.007, an extension of restrictions under this chapter is for a period equal to the original term of the restrictions or a shorter period agreed to by the owners of a majority of the lots in the subdivision in the petitions, written ballots, or both, as applicable, signed under Section 212.003.|Added by Acts 2011, 82nd Leg., R.S., Ch. 954 (H.B. 1071), Sec. 2, eff. June 17, 2011.|
TX Prop § 212.007 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 212 - Extension of Restrictions by Majority Vote in Certain Subdivisions|Section 212.007. Termination of Restrictions

Sec. 212.007.  TERMINATION OF RESTRICTIONS.  (a)  Restrictions extended under this chapter may be terminated before their expiration date if:(1)  the consent of the owners of a majority of the lots in the subdivision to the termination of the restrictions on a specified date is obtained in the same manner as consent to the extension of restrictions is obtained under this chapter; and(2)  the petitions, written ballots, or both, as applicable, sufficient to reflect the required consent to termination are filed for record in the real property records of the county in which the subdivision is located before the earlier of:(A)  the first anniversary of the date on which the first signature consenting to termination is obtained; or(B)  a date specified under Subsection (b)(2).(b)  Petitions, written ballots, or both, as applicable, used to extend restrictions under this section may provide that:(1)  the restrictions may be terminated only on one or more termination dates specified in the petitions, written ballots, or both, as applicable, used to extend the restrictions; or(2)  the petitions, written ballots, or both, as applicable, sufficient to reflect the required consent to termination must be filed for record before a time specified in the petitions, written ballots, or both, as applicable.|Added by Acts 2011, 82nd Leg., R.S., Ch. 954 (H.B. 1071), Sec. 2, eff. June 17, 2011.|
TX Prop § 212.008 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 212 - Extension of Restrictions by Majority Vote in Certain Subdivisions|Section 212.008. Applicability of Extended Restrictions

Sec. 212.008.  APPLICABILITY OF EXTENDED RESTRICTIONS.  (a)  An extension of restrictions under this chapter is binding on all lots and all unplatted real property in the subdivision, without regard to whether the owner or owners of any individual lot or unplatted real property signify consent to extend the restrictions.  Any statute authorizing a property owner to opt out of the applicability of restrictions to the owner's property does not apply to restrictions extended under this chapter.(b)  An extension of restrictions under this chapter is binding on a lienholder or a person who acquires title to property at a foreclosure sale or by deed from a foreclosing lienholder.|Added by Acts 2011, 82nd Leg., R.S., Ch. 954 (H.B. 1071), Sec. 2, eff. June 17, 2011.|
TX Prop § 212.009 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 212 - Extension of Restrictions by Majority Vote in Certain Subdivisions|Section 212.009. Unconstitutional Restrictions Not Extended

Sec. 212.009.  UNCONSTITUTIONAL RESTRICTIONS NOT EXTENDED.  If a provision in restrictions extended under this chapter is void and unenforceable under the United States Constitution, the restrictions are considered as if the void and unenforceable provision was never contained in the restrictions.|Added by Acts 2011, 82nd Leg., R.S., Ch. 954 (H.B. 1071), Sec. 2, eff. June 17, 2011.|
TX Prop § 212.010 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 212 - Extension of Restrictions by Majority Vote in Certain Subdivisions|Section 212.010. Use of Original Extension Procedure; Procedures Cumulative

Sec. 212.010.  USE OF ORIGINAL EXTENSION PROCEDURE; PROCEDURES CUMULATIVE.  (a)  In addition to the procedure provided by this chapter for the extension of restrictions, the procedure provided by the original restrictions for the initial extension of the restrictions, including the requirement that a specified percentage of a specified class approve the extension, may be used for successive extensions of the original restrictions, provided that the approval obtained includes the approval of the owners of not less than a majority of the lots in the subdivision.(b)  An extension of the restrictions as described by Subsection (a) is for a period equal to the original term of the restrictions or a shorter period agreed to by the owners of a majority of the lots in the subdivision.(c)  The procedure provided by this chapter for the extension or termination of restrictions is cumulative of and not in lieu of any other method by which restrictions of a subdivision to which this chapter applies may be added to, modified, created, extended, or terminated.|Added by Acts 2011, 82nd Leg., R.S., Ch. 954 (H.B. 1071), Sec. 2, eff. June 17, 2011.|
TX Prop § 212.011 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 212 - Extension of Restrictions by Majority Vote in Certain Subdivisions|Section 212.011. Construction of Chapter and Extended Restrictions

Sec. 212.011.  CONSTRUCTION OF CHAPTER AND EXTENDED RESTRICTIONS.  (a)  This chapter and any petition or ballot made or action taken in connection with an attempt to comply with this chapter shall be liberally construed to effectuate the intent of this chapter and the petition, ballot, or action.(b)  A deed restriction that is extended under this chapter shall be liberally construed to give effect to the restriction's purposes and intent.|Added by Acts 2011, 82nd Leg., R.S., Ch. 954 (H.B. 1071), Sec. 2, eff. June 17, 2011.|
TX Prop § 214.001 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 214 - Amendment of Dedicatory Instruments of Certain Mixed-Use Real Estate Developments|Section 214.001. Definitions

Sec. 214.001.  DEFINITIONS.  In this chapter:(1)  "Current developer" means an owner of one or more tracts or lots in a mixed-use real estate development, or the owner's affiliate, who:(A)  is the current declarant in the declaration governing the development; and(B)  currently holds the developer rights for the development.(2)  "Declaration" means an instrument filed in the real property records of a county that includes restrictive covenants governing a real estate development.(3)  "Dedicatory instrument" has the meaning assigned by Section 202.001.(4)  "Mixed-use real estate development" means a real estate development that:(A)  contains at least 200 acres and not more than 250 acres of deed-restricted property composed of at least 10 separate tracts or parcels of property;(B)  includes:(i)  commercial properties, including hotel and retail properties, that constitute at least 70 percent of the total land area of the development; and(ii)  office properties that constitute at least 50 percent of the total land area of the development;(C)  may include other real estate uses;(D)  is governed by a property owners' association; and(E)  is subject to a dedicatory instrument that:(i)  requires mandatory membership in the property owners' association;(ii)  authorizes the property owners' association to collect a regular assessment on all or a majority of the property in the development;(iii)  requires the approval of owners of more than:(a)  90 percent of the ground area constituting the development to change a provision of the dedicatory instrument governing the permitted use of a property; or(b)  60 percent of the ground area constituting the development to change a provision of the dedicatory instrument that is not related to the permitted use of a property; and(iv)  provides that voting for an amendment is based on the number of acres owned by each owner.(5)  "Property owners' association" has the meaning assigned by Section 202.001.|Added by Acts 2019, 86th Leg., R.S., Ch. 1228 (S.B. 1845), Sec. 1, eff. September 1, 2019.|
TX Prop § 214.002 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 214 - Amendment of Dedicatory Instruments of Certain Mixed-Use Real Estate Developments|Section 214.002. Applicability of Chapter

Sec. 214.002.  APPLICABILITY OF CHAPTER.  (a)  This chapter applies only to a mixed-use real estate development that is located in:(1)  a municipality with a population of two million or more; and(2)  a county with a population of 3.3 million or more.(b)  This chapter does not apply to:(1)  a mixed-use real estate development that includes single-family residential properties; or(2)  a condominium subject to Chapter 81 or 82.(c)  This chapter applies to a dedicatory instrument regardless of the date on which the dedicatory instrument was created.|Added by Acts 2019, 86th Leg., R.S., Ch. 1228 (S.B. 1845), Sec. 1, eff. September 1, 2019.|
TX Prop § 214.003 (2021)
2021 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.|
TX Prop § 215.001 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 215 - Master Mixed-Use Property Owners' Associations|Section 215.001. Definitions

Sec. 215.001.  DEFINITIONS.  In this chapter:(1)  "Appraised value" means the property value determined by the appraisal district that establishes property values for taxing entities levying taxes on property in a mixed-use development.(2)  "Property owners' association" or "association" means, unless otherwise indicated, a master mixed-use property owners' association.(3)  "Dedicatory instrument" has the meaning assigned by Section 209.002.(4)  "Self-help" means the process by which a property owners' association takes remedial action with regard to property governed by the association.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1167 (H.B. 2869), Sec. 1, eff. September 1, 2011.|
TX Prop § 215.002 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 215 - Master Mixed-Use Property Owners' Associations|Section 215.002. Applicability of Chapter

Sec. 215.002.  APPLICABILITY OF CHAPTER.  (a)  This chapter applies to a property owners' association that:(1)  includes:(A)  commercial properties, including hotel and retail properties, that constitute at least 35 percent of the total appraised property value of the mixed-use development governed by the association;(B)  single-family attached and detached properties that constitute at least 25 percent of the total appraised property value of the mixed-use development governed by the association; and(C)  multifamily properties that constitute at least 10 percent of the total appraised property value of the mixed-use development governed by the association;(2)  governs at least 6,000 acres of deed-restricted property;(3)  has at least 10 incorporated residential or commercial property owners' associations that are members of and subject to the dedicatory instruments of the master mixed-use property owners' association;(4)  has at least 3,400 platted and developed single-family residential properties and at least 400 separately platted commercial properties, including office, industrial, hotel, and retail properties, which together constitute at least 30 million square feet of building area available for rental; and(5)  participates in the maintenance of public space, including parks, medians, and lakefronts, owned by local, including county, or state governmental entities.(b)  This chapter applies to property that is:(1)  governed by a property owners' association described by Subsection (a);(2)  located in a master mixed-use development; and(3)  subject to a provision, including a restriction, in a declaration that:(A)  requires mandatory membership in the association; and(B)  authorizes the association to collect a regular or special assessment on all or a majority of the property in the development.(c)  Except as otherwise provided by this chapter, this chapter applies only to a master mixed-use property owners' association and not to the independent property owners' associations that are members of the master mixed-use property owners' association.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1167 (H.B. 2869), Sec. 1, eff. September 1, 2011.|
TX Prop § 215.003 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 215 - Master Mixed-Use Property Owners' Associations|Section 215.003. Applicability of Chapter 209

Sec. 215.003.  APPLICABILITY OF CHAPTER 209.  Chapter 209 does not apply to a property owners' association subject to this chapter.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1167 (H.B. 2869), Sec. 1, eff. September 1, 2011.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 673 (H.B. 1824), Sec. 1, eff. September 1, 2013.|
TX Prop § 215.004 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 215 - Master Mixed-Use Property Owners' Associations|Section 215.004. Conflicts of Law

Sec. 215.004.  CONFLICTS OF LAW.  Notwithstanding any other provision of law, the provisions of this chapter prevail over a conflicting or inconsistent provision of law relating to independent property owners' associations.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1167 (H.B. 2869), Sec. 1, eff. September 1, 2011.|
TX Prop § 215.006 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 215 - Master Mixed-Use Property Owners' Associations|Section 215.006. Annual Meeting of Association Members; Notice of Annual or Special Meeting

Sec. 215.006.  ANNUAL MEETING OF ASSOCIATION MEMBERS; NOTICE OF ANNUAL OR SPECIAL MEETING.  (a)  An annual meeting of members of a property owners' association must be conducted in accordance with the association's dedicatory instruments.(b)  Unless otherwise provided by a dedicatory instrument, an annual meeting of the property owners' association members is open to association members and must be held in a county in which all or part of the property governed by the association is located or in a county adjacent to that county.(c)  Unless otherwise provided by a dedicatory instrument, the board shall give members notice of the date, time, place, and subject of an annual or special meeting of the members.  The notice must be delivered to each member not later than the 10th day and not earlier than the 60th day before the date of the meeting.(d)  A notice under Subsection (c) must be posted in a conspicuous manner reasonably designed to provide notice to association members:(1)  in a place located outside the corporate offices of the association that is accessible by the general membership during normal business hours;  or(2)  on any Internet website maintained by the association.(e)  Unless otherwise provided by a dedicatory instrument, any number of the members may attend the meeting by use of videoconferencing or a similar telecommunication method for purposes of establishing full participation in the meeting.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1167 (H.B. 2869), Sec. 1, eff. September 1, 2011.|
TX Prop § 215.008 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 215 - Master Mixed-Use Property Owners' Associations|Section 215.008. Voting

Sec. 215.008.  VOTING.  (a)  The number of votes to which an individual or corporation who is a member of a property owners' association is entitled is determined by the dedicatory instruments of the association.(b)  Each corporation or individual who is a member of the property owners' association may vote by proxy as provided for nonprofit corporations under Sections 22.160(b) and (c), Business Organizations Code.(c)  Notwithstanding any provision of the certificate of formation or bylaws to the contrary, a member vote on any matter may be conducted by mail, by facsimile transmission, by e-mail, or by any combination of those methods.(d)  Notwithstanding any provision of the certificate of formation, declaration, or bylaws to the contrary, the declaration and any supplementary declaration, including amendments, modifications, or corrections, may be amended by a simple majority of the eligible votes being cast in favor of the amendment.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1167 (H.B. 2869), Sec. 1, eff. September 1, 2011.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 673 (H.B. 1824), Sec. 2, eff. September 1, 2013.|
TX Prop § 215.009 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 215 - Master Mixed-Use Property Owners' Associations|Section 215.009. Restrictive Covenants

Sec. 215.009.  RESTRICTIVE COVENANTS.  (a)  A property owners' association may enforce its restrictive covenants as follows:(1)  by exercising discretionary authority relating to a restrictive covenant unless a court has determined by a preponderance of the evidence that the exercise of discretionary authority was arbitrary, capricious, or discriminatory; and(2)  by initiating, defending, or intervening in litigation or an administrative proceeding affecting the enforcement of a restrictive covenant or the protection, preservation, or operation of property subject to the association's dedicatory instruments.(b)  If the association prevails in an action to enforce restrictive covenants, the association may recover reasonable attorney's fees and costs incurred.(c)  An association may use self-help to enforce its restrictive covenants against a residential or commercial property owner as necessary to prevent immediate harm to a person or property, or as otherwise reasonable.  If a property owner commits a subsequent repeat violation of the restrictive covenants within 12 months of the initial violation, the association is not required to provide the property owner with advance notice before the association implements self-help.(d)  For purposes of Subsection (c), an advance, annual notice of maintenance requirements is considered notice to the extent notice is required.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1167 (H.B. 2869), Sec. 1, eff. September 1, 2011.|
TX Prop § 215.010 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 215 - Master Mixed-Use Property Owners' Associations|Section 215.010. Attorney's Fees in Breach of Restrictive Covenant Action

Sec. 215.010.  ATTORNEY'S FEES IN BREACH OF RESTRICTIVE COVENANT ACTION.  In an action based on breach of a restrictive covenant, the prevailing party is entitled to reasonable attorney's fees, costs, and actual damages.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1167 (H.B. 2869), Sec. 1, eff. September 1, 2011.|
TX Prop § 215.011 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 215 - Master Mixed-Use Property Owners' Associations|Section 215.011. Common Areas

Sec. 215.011.  COMMON AREAS.  A property owners' association may adopt reasonable rules regulating common areas.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1167 (H.B. 2869), Sec. 1, eff. September 1, 2011.|
TX Prop § 215.012 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 215 - Master Mixed-Use Property Owners' Associations|Section 215.012. Resale Certificates

Sec. 215.012.  RESALE CERTIFICATES.  A property owners' association shall provide resale certificates only for residential properties and in the manner provided by Section 207.003.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1167 (H.B. 2869), Sec. 1, eff. September 1, 2011.|