reglab/housing_qa huggingface dataset:
TX Prop § 206.004 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 206 - Extension of Restrictions Imposing Regular Assessments in Certain Subdivisions|Section 206.004. Method of Voting

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.|
TX Prop § 207.001 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 207 - Disclosure of Information by Property Owners' Associations|Section 207.001. Definitions

Sec. 207.001.  DEFINITIONS.  In this chapter:(1)  "Restrictions" has the meaning assigned by Section 201.003.(2)  "Dedicatory instrument," "property owners' association," and "restrictive covenant" have the meanings assigned by Section 209.002.(2-a)  "Management company" has the meaning assigned by Section 209.002.(3)  "Owner" means a person who owns record title to property in a subdivision or the personal representative of an individual who owns record title to property in a subdivision.(4)  "Regular assessment" and "special assessment" have the meanings assigned by Section 204.001.(5)  "Resale certificate" means a written statement issued, signed, and dated by an officer or authorized agent of a property owners' association that contains the information specified by Section 207.003(b).(6)  "Subdivision" means all land that has been divided into two or more parts and that is or was burdened by restrictions limiting at least the majority of the land area burdened by restrictions, excluding streets and public areas, to residential use only, if the instrument or instruments creating the restrictions are recorded in the deed or real property records of a county.|Added by Acts 1999, 76th Leg., ch. 1198, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 2, eff. September 1, 2015.Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 5, eff. September 1, 2021.|
TX Prop § 207.002 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 207 - Disclosure of Information by Property Owners' Associations|Section 207.002. Applicability

Sec. 207.002.  APPLICABILITY.  (a)  This chapter applies to a subdivision with a property owners' association that is entitled to levy regular or special assessments.(b)  This chapter does not apply to a condominium council of owners governed by Chapter 81 or a condominium unit owners' association governed by Chapter 82.|Added by Acts 1999, 76th Leg., ch. 1198, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 3, eff. September 1, 2015.|
TX Prop § 207.004 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 207 - Disclosure of Information by Property Owners' Associations|Section 207.004. Owner's Remedies for Failure by Property Owners' Association to Timely Deliver Information

Sec. 207.004.  OWNER'S REMEDIES FOR FAILURE BY PROPERTY OWNERS' ASSOCIATION TO TIMELY DELIVER INFORMATION.  (a)  If a property owners' association does not timely deliver information in accordance with Section 207.003, the owner, owner's agent, or title insurance company or its agent acting on behalf of the owner may submit a second request for the information.(b)  If a property owners' association fails to deliver the information required under Section 207.003 before the fifth business day after the second request for the information was mailed by certified mail, return receipt requested, or hand delivered, evidenced by receipt, the owner:(1)  may seek one or any combination of the following:(A)  a court order directing the property owners' association to furnish the required information;(B)  a judgment against the property owners' association for not more than $5,000;(C)  a judgment against the property owners' association for court costs and reasonable attorney's fees; or(D)  a judgment authorizing the owner or the owner's assignee to deduct the amounts awarded under Paragraphs (B) and (C) from any future regular or special assessments payable to the property owners' association; and(2)  may provide a buyer under contract to purchase the owner's property an affidavit that states that the owner, owner's agent, or title insurance company or its agent acting on behalf of the owner made, in accordance with this chapter, two written requests to the property owners' association for the information described in Section 207.003 and that the association did not timely provide the information.(c)  If the owner provides a buyer under contract to purchase the owner's property an affidavit in accordance with Subsection (b)(2):(1)  the buyer, lender, or title insurance company or its agent is not liable to the property owners' association for:(A)  any money that is due and unpaid to the property owners' association on the date the affidavit was prepared;  and(B)  any debt to the property owners' association or claim by the property owners' association that accrued before the date the affidavit was prepared;  and(2)  the property owners' association's lien to secure the amounts due the property owners' association on the owner's property on the date the affidavit was prepared shall automatically terminate.|Added by Acts 1999, 76th Leg., ch. 1198, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 7, eff. September 1, 2021.|
TX Prop § 207.005 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 207 - Disclosure of Information by Property Owners' Associations|Section 207.005. Effect of Resale Certificate; Liability

Sec. 207.005.  EFFECT OF RESALE CERTIFICATE;  LIABILITY.  (a)  A property owners' association may not deny the validity of any statement in the resale certificate.  The property owners' association's lien to secure undisclosed amounts due the property owners' association on the date the resale certificate is prepared shall automatically terminate as a lien securing the undisclosed amount.  A buyer, buyer's agent, owner, owner's agent, lender, and title insurance company and its agent are not liable for any debt or claim existing on the preparation date of the resale certificate that is not disclosed in the resale certificate.(b)  A resale certificate does not affect:(1)  the right of a property owners' association to recover debts or claims that arise or become due after the date the resale certificate is prepared;  or(2)  a lien on a property securing payment of future assessments held by the property owners' association.(c)  The owner's agent and the title insurance company and its agent are not liable to a buyer for any delay or failure by the property owners' association in delivering the information required by Section 207.003.(d)  Except as provided by Section 207.004, the property owners' association is not liable to an owner selling property in the subdivision for delay or failure to deliver the information required by Section 207.003.  An officer or agent of the property owners' association is not liable for a delay or failure to furnish a resale certificate.|Added by Acts 1999, 76th Leg., ch. 1198, Sec. 1, eff. Sept. 1, 1999.|
TX Prop § 207.006 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 207 - Disclosure of Information by Property Owners' Associations|Section 207.006. Online Subdivision Information Required

Sec. 207.006.  ONLINE SUBDIVISION INFORMATION REQUIRED.  (a)  This section applies only to:(1)  the property owners' association of a subdivision composed of at least 60 lots; or(2)  a property owners' association that has contracted with a management company.(b)  A property owners' association to which this section applies shall make the current version of the association's dedicatory instruments relating to the association or subdivision and filed in the county deed records available on an Internet website:(1)  maintained by the association or a management company on behalf of the association; and(2)  available to association members.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1142 (H.B. 1821), Sec. 5, eff. January 1, 2012.Amended by: Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 8, eff. September 1, 2021.|
TX Prop § 208.001 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 208 - Amendment and Termination of Restrictive Covenants in Historic Neighborhoods|Section 208.001. Definitions

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.|
TX Prop § 208.002 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 208 - Amendment and Termination of Restrictive Covenants in Historic Neighborhoods|Section 208.002. Applicability

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.|
TX Prop § 208.003 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 208 - Amendment and Termination of Restrictive Covenants in Historic Neighborhoods|Section 208.003. Historic Neighborhood Preservation Association

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.|
TX Prop § 208.006 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 208 - Amendment and Termination of Restrictive Covenants in Historic Neighborhoods|Section 208.006. Method of Voting

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.|
TX Prop § 208.007 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 208 - Amendment and Termination of Restrictive Covenants in Historic Neighborhoods|Section 208.007. Regular and Special Assessments

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.|
TX Prop § 208.008 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 208 - Amendment and Termination of Restrictive Covenants in Historic Neighborhoods|Section 208.008. Building Lines

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.|
TX Prop § 208.009 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 208 - Amendment and Termination of Restrictive Covenants in Historic Neighborhoods|Section 208.009. Defense to Enforcement of Restrictive Covenant

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.|
TX Prop § 209.001 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 209 - Texas Residential Property Owners Protection Act|Section 209.001. Short Title

Sec. 209.001.  SHORT TITLE.  This chapter may be cited as the Texas Residential Property Owners Protection Act.|Added by Acts 2001, 77th Leg., ch. 926, Sec. 1, eff. Jan. 1, 2002.|
TX Prop § 209.003 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 209 - Texas Residential Property Owners Protection Act|Section 209.003. Applicability of Chapter

Sec. 209.003.  APPLICABILITY OF CHAPTER.  (a)  This chapter applies only to a residential subdivision that is subject to restrictions or provisions in a declaration that authorize the property owners' association to collect regular or special assessments on all or a majority of the property in the subdivision.(b)  Except as otherwise provided by this chapter, this chapter applies only to a property owners' association that requires mandatory membership in the association for all or a majority of the owners of residential property within the subdivision subject to the association's dedicatory instruments.(c)  This chapter applies to a residential property owners' association regardless of whether the entity is designated as a "homeowners' association," "community association," or similar designation in the restrictions or dedicatory instrument.(d)  This chapter does not apply to a condominium as defined by Section 81.002 or 82.003.(e)  The following provisions of this chapter do not apply to a property owners' association that is a mixed-use master association that existed before January 1, 1974, and that does not have the authority under a dedicatory instrument or other governing document to impose fines:(1)  Section 209.005(c);(2)  Section 209.0056;(3)  Section 209.0057;(4)  Section 209.0058;(5)  Section 209.00592; and(6)  Section 209.0062.|Added by Acts 2001, 77th Leg., ch. 926, Sec. 1, eff. Jan. 1, 2002.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1367 (H.B. 3674), Sec. 7, eff. September 1, 2007.Acts 2011, 82nd Leg., R.S., Ch. 1026 (H.B. 2761), Sec. 1, eff. January 1, 2012.Acts 2011, 82nd Leg., R.S., Ch. 1142 (H.B. 1821), Sec. 6, eff. January 1, 2012.Acts 2011, 82nd Leg., R.S., Ch. 1217 (S.B. 472), Sec. 1, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 1282 (H.B. 1228), Sec. 1, eff. January 1, 2012.Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 17.002(a), eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 17.002(b), eff. September 1, 2013.Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 5, eff. September 1, 2015.|
TX Prop § 209.0041 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 209 - Texas Residential Property Owners Protection Act|Section 209.0041. Adoption or Amendment of Certain Dedicatory Instruments

Sec. 209.0041.  ADOPTION OR AMENDMENT OF CERTAIN DEDICATORY INSTRUMENTS.(a)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1183 , Sec. 24, eff. September 1, 2015.(b)  This section applies to a residential subdivision in which property owners are subject to mandatory membership in a property owners' association.(c)  This section does not apply to a property owners' association that is subject to Chapter 552, Government Code, by application of Section 552.0036, Government Code.(d)  This section does not apply to the amendment of a declaration during a development period.(d-1)  This section does not apply to an amendment of a declaration if the amendment would affect a portion of a subdivision that is zoned for or that contains, or previously contained as specifically allowed under the declaration, a commercial structure, an industrial structure, an apartment complex, or a condominium as defined by Section 81.002 or 82.003.  For purposes of this subsection, "apartment complex" means two or more dwellings in one or more buildings that are owned by the same owner, located on the same lot or tract, and managed by the same owner, agent, or management company.(e)  This section applies to a dedicatory instrument regardless of the date on which the dedicatory instrument was created.(f)  This section supersedes any contrary requirement in a dedicatory instrument.(g)  To the extent of any conflict with another provision of this title, this section prevails.(h)  Except as provided by Subsection (h-1) or (h-2), a declaration may be amended only by a vote of 67 percent of the total votes allocated to property owners entitled to vote on the amendment of the declaration, in addition to any governmental approval required by law.(h-1)  If the declaration contains a lower percentage than prescribed by Subsection (h), the percentage in the declaration controls.(h-2)  If the declaration is silent as to voting rights for an amendment, the declaration may be amended by a vote of owners owning 67 percent of the lots subject to the declaration.(i)  A bylaw may not be amended to conflict with the declaration.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1217 (S.B. 472), Sec. 2, eff. September 1, 2011.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 6, eff. September 1, 2015.Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 24, eff. September 1, 2015.Acts 2021, 87th Leg., R.S., Ch. 666 (H.B. 1659), Sec. 1, eff. June 15, 2021.|
TX Prop § 209.0042 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 209 - Texas Residential Property Owners Protection Act|Section 209.0042. Methods of Providing Notices to Owners

Sec. 209.0042.  METHODS OF PROVIDING NOTICES TO OWNERS.  (a)  Subject to this section, a property owners' association may adopt a method that may be used by the association to provide a notice from the association to a property owner.(b)  A property owners' association may use an alternative method of providing notice adopted under this section to provide a notice for which another method is prescribed by law only if the property owner to whom the notice is provided has affirmatively opted to allow the association to use the alternative method of providing notice to provide to the owner notices for which another method is prescribed by law.(c)  A property owners' association may not require an owner to allow the association to use an alternative method of providing notice adopted under this section to provide to the owner any notice for which another method of providing notice is prescribed by law.|Added by Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 7, eff. September 1, 2015.|