reglab/housing_qa huggingface dataset:
TX Prop § 203.001 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 203 - Enforcement of Land Use Restrictions in Certain Counties|Section 203.001. Applicability of Chapter

Sec. 203.001.  APPLICABILITY OF CHAPTER.  This chapter applies only to a county with a population of more than 200,000.|Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987.  Amended by Acts 1997, 75th Leg., ch. 274, Sec. 2, eff. May 26, 1997.|
TX Prop § 203.002 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 203 - Enforcement of Land Use Restrictions in Certain Counties|Section 203.002. Definition

Sec. 203.002.  DEFINITION.  In this chapter, "restriction" means a limitation that affects the use to which real property may be put, fixes the distance at which buildings or other structures must be set back from property, street, or lot lines, affects the size of lots, or affects the size, type, or number of buildings or other structures that may be built on the property.|Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987.|
TX Prop § 203.003 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 203 - Enforcement of Land Use Restrictions in Certain Counties|Section 203.003. County Attorney Authorized to Enforce Restrictions

Sec. 203.003.  COUNTY ATTORNEY AUTHORIZED TO ENFORCE RESTRICTIONS.  (a)  The county attorney may sue in a court of competent jurisdiction to enjoin or abate violations of a restriction contained or incorporated by reference in a properly recorded plan, plat, replat, or other instrument affecting a real property subdivision located in the county, regardless of the date on which the instrument was recorded.(b)  The county attorney may not enforce a restriction relating to race or any other restriction that violates the state or federal constitution.|Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987.|
TX Prop § 203.004 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 203 - Enforcement of Land Use Restrictions in Certain Counties|Section 203.004. Administrative Fee

Sec. 203.004.  ADMINISTRATIVE FEE.  (a)  A complaint filed in connection with Section 203.003 must be accompanied by an administrative fee prescribed by the county commissioners court.  The amount of the fee may not exceed the administrative costs to be incurred by the county in pursuing the matter.(b)  The administrative fee shall be deposited in a special county fund.  The fund may be used only to administer this chapter.(c)  The commissioners court may waive the administrative fee if the complainant files with the complaint a hardship affidavit in a form approved by the commissioners court.|Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987.|
TX Prop § 203.005 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 203 - Enforcement of Land Use Restrictions in Certain Counties|Section 203.005. Court Costs and Attorney's Fees

Sec. 203.005.  COURT COSTS AND ATTORNEY'S FEES.  (a)  The county may be awarded court costs and attorney's fees in a successful action under this chapter.(b)  If the court costs and attorney's fees awarded to the county, together with the administrative fee collected under Section 203.004, exceed the county's expenses in a successful action under this chapter, any portion of the excess that does not exceed the amount of the administrative fee collected by the county shall be refunded to the complainant.|Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987.|
TX Prop § 204.001 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 204 - Powers of Property Owners' Association Relating to Restrictive Covenants in Certain Subdivisions|Section 204.001. Definitions

Sec. 204.001.  DEFINITIONS.  In this chapter:(1)  "Restrictions," "residential real estate subdivision," "subdivision," "owner," "real property records," and "lienholder" have the meanings assigned by Section 201.003.(2)  "Dedicatory instrument," "petition," and "restrictive covenant" have the meanings assigned by Section 202.001.(3)  "Regular assessment" means an assessment, charge, fee, or dues that each owner of property within a subdivision is required to pay to the property owners' association on a regular basis and that are to be used by the association for the benefit of the subdivision in accordance with the original, extended, added, or modified restrictions.(4)  "Special assessment" means an assessment, charge, fee, or dues that each owner of property within a subdivision is required to pay to the property owners' association, after a vote of the membership, for the purpose of paying for the costs of capital improvements to the common areas that are incurred or will be incurred by the association during the fiscal year.  A special assessment may be assessed before or after the association incurs the capital improvement costs.|Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.|
TX Prop § 204.002 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 204 - Powers of Property Owners' Association Relating to Restrictive Covenants in Certain Subdivisions|Section 204.002. Application

Sec. 204.002.  APPLICATION.  (a)  This chapter applies only to a residential real estate subdivision, excluding a condominium development governed by Title 7, Property Code, that is located in whole or in part:(1)  in a county with a population of 3.3 million or more;(2)  in a county with a population of not less than 285,000 and not more than 300,000 that is adjacent to the Gulf of Mexico and that is adjacent to a county having a population of 3.3 million or more; or(3)  in a county with a population of 275,000 or more that:(A)  is adjacent to a county with a population of 3.3 million or more; and(B)  contains part of a national forest.(b)  This chapter applies to a restriction regardless of its effective date.(c)  This chapter does not apply to portions of a subdivision that are zoned for or that contain a commercial structure, an industrial structure, an apartment complex, or a condominium development governed by Title 7, Property Code.  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.|Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.  Amended by Acts 2003, 78th Leg., ch. 547, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 1078 (H.B. 1632), Sec. 1, eff. September 1, 2005.Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 110, eff. September 1, 2011.|
TX Prop § 204.003 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 204 - Powers of Property Owners' Association Relating to Restrictive Covenants in Certain Subdivisions|Section 204.003. Application of Provisions of Restrictive Covenants in Certain Circumstances

Sec. 204.003.  APPLICATION OF PROVISIONS OF RESTRICTIVE COVENANTS IN CERTAIN CIRCUMSTANCES.  (a)  An express designation in a document creating restrictions applicable to a residential real estate subdivision that provides for the extension of, addition to, or modification of existing restrictions by a designated number of owners of real property in the subdivision prevails over the provisions of this chapter.(b)  Notwithstanding Subsection (a), for a residential subdivision described by Subsection (c), the provisions of this chapter prevail over an express designation in a document described by Subsection (a) if:(1)  the designated number of owners of real property in the subdivision required for approval of an extension of, addition to, or modification of the document is more than 75 percent; or(2)  the designation prohibits the extension of, addition to, or modification of an existing restriction for a certain time period and that time period has not expired.(c)  Subsection (b) applies to a residential subdivision that is located in a county described by Section 204.002(a)(3) other than a gated community with private streets.(d)  A document creating restrictions that provides for the extension or renewal of restrictions and does not provide for modification or amendment of restrictions may be modified under this chapter, including modifying the provision that provides for extension or renewal of the restrictions.|Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.Amended by: Acts 2007, 80th Leg., R.S., Ch. 767 (H.B. 3518), Sec. 1, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1367 (H.B. 3674), Sec. 5, eff. September 1, 2007.Reenacted and amended by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 20.004, eff. September 1, 2009.|
TX Prop § 204.004 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 204 - Powers of Property Owners' Association Relating to Restrictive Covenants in Certain Subdivisions|Section 204.004. Property Owners' Association

Sec. 204.004.  PROPERTY OWNERS' ASSOCIATION.  (a)  A property owners' association is a designated representative of the owners of property in a subdivision and may be referred to as a "homeowners association," "community association," "civic association," "civic club," "association," "committee," or similar term contained in the restrictions.  The membership of the association consists of the owners of property within the subdivision.(b)  The association must be nonprofit and may be incorporated as a Texas nonprofit corporation.  An unincorporated association may incorporate under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes).(c)  The association's board of directors or trustees must be elected or appointed in accordance with the applicable provisions of the restrictions and the association's articles of incorporation or bylaws.|Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.|
TX Prop § 204.005 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 204 - Powers of Property Owners' Association Relating to Restrictive Covenants in Certain Subdivisions|Section 204.005. Extension Of, Addition To, or Modification of Existing Restrictions

Sec. 204.005.  EXTENSION OF, ADDITION TO, OR MODIFICATION OF EXISTING RESTRICTIONS.  (a)  A property owners' association has authority to approve and circulate a petition relating to the extension of, addition to, or modification of existing restrictions.  A property owners' association is not required to comply with Sections 201.009-201.012.(b)  A petition to extend, add to, or modify existing restrictions approved and circulated by a property owners' association is effective if:(1)  the petition is approved by the owners, excluding lienholders, contract purchasers, and the owners of mineral interests, of at least 75 percent of the real property in the subdivision or a smaller percentage required by the original dedicatory instrument;  and(2)  the petition is filed as a dedicatory instrument with the county clerk of the county in which the subdivision is located.(c)  If a subdivision consisting of multiple sections, each with its own restrictions, is represented by a single property owners' association, the approval requirement may be satisfied by obtaining approval of at least 75 percent of the owners on a section-by-section basis or of the total number of properties in the property owners' association's jurisdiction.(d)  If approved, the petition is binding on all properties in the subdivision or section, as applicable.(e)  A property owners' association that circulates a petition must notify all record owners of property in the subdivision in writing of the proposed extension, addition to, or modification of the existing restrictions.  Notice may be hand-delivered to residences within the subdivision or sent by regular mail to the owner's last known mailing address as reflected in the ownership records maintained by the property owners' association.  The approval of multiple owners of a property may be reflected by the signature of a single co-owner.|Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.|
TX Prop § 204.006 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 204 - Powers of Property Owners' Association Relating to Restrictive Covenants in Certain Subdivisions|Section 204.006. Creation of Property Owners' Association

Sec. 204.006.  CREATION OF PROPERTY OWNERS' ASSOCIATION.  (a)  If existing restrictions applicable to a subdivision do not provide for a property owners' association and require approval of more than 60 percent of the owners to add to or modify the original dedicating instrument, a petition to add to or modify the existing restrictions for the sole purpose of creating and operating a property owners' association with mandatory membership, mandatory regular or special assessments, and equivalent voting rights for each of the owners in the subdivision is effective if:(1)  a petition committee has been formed as prescribed by Section 201.005;(2)  the petition is approved by the owners, excluding lienholders, contract purchasers, and the owners of mineral interests, of at least 60 percent of the real property in the subdivision;  and(3)  the procedure employed in the circulation and approval of the petition to add to or amend the existing restrictions for the specified purpose complies with the requirements of this chapter.(b)  If the circulated petition is not approved by the required percentage of owners within one year of the creation of the petition committee, the petition is void and another petition committee may be formed.(c)  If the petition is approved, the petition is binding on all properties in the subdivision or section, as applicable.|Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.|
TX Prop § 204.007 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 204 - Powers of Property Owners' Association Relating to Restrictive Covenants in Certain Subdivisions|Section 204.007. Effect on Lienholders

Sec. 204.007.  EFFECT ON LIENHOLDERS.  (a)  Extensions of, additions to, or modifications of restrictions under this chapter are binding on a lienholder, excluding restrictions relating to regular or special assessment increases if the assessment is not subordinated to purchase money or home improvement liens.(b)  If the assessment lien of the property owners' association is subordinate to purchase money or home improvement liens, the lienholder is not entitled to notice of the proposed dedicatory instrument and the lienholder is bound by the instrument if the instrument is approved.  If the assessment lien is not subordinated, a lienholder who is not a signatory to the dedicatory instrument and whose lien was established before the effective date of the dedicatory instrument is not bound by the portion of the dedicatory instrument that increases the amount of the regular or special assessment during any period of ownership by the lienholder.(c)  A person who acquires title to the property at a foreclosure sale or by deed from a foreclosing lienholder is bound by the assessment increase.|Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.|
TX Prop § 204.008 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 204 - Powers of Property Owners' Association Relating to Restrictive Covenants in Certain Subdivisions|Section 204.008. Method of Adoption

Sec. 204.008.  METHOD OF ADOPTION.  An extension, addition to, or modification of restrictions proposed by a property owners' association may be adopted:(1)  by a written ballot that states the substance of the amendment and specifies the date by which a ballot must be received to be counted;(2)  at a meeting of the members represented by the property owners' association if written notice of the meeting stating the purpose of the meeting is delivered to each owner of property in the subdivision;(3)  by door-to-door circulation of a petition by the property owners' association or a person authorized by the property owners' association;(4)  by a method permitted by the existing restrictions;  or(5)  by a combination of the methods described by this section.|Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.|
TX Prop § 204.009 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 204 - Powers of Property Owners' Association Relating to Restrictive Covenants in Certain Subdivisions|Section 204.009. Texas Nonprofit Corporations

Sec. 204.009.  TEXAS NONPROFIT CORPORATIONS.  (a)  If the property owners' association is referenced in the existing, extended, added to, or modified restrictions as a Texas nonprofit corporation, the instrument contemplates the interaction of a nonprofit corporation, its articles of incorporation, and its bylaws.(b)  The property owners' association has the powers and shall promote the purposes enumerated in the articles of incorporation and bylaws.  These powers and purposes necessarily modify the express provisions of the restrictions to include the referenced powers and purposes.|Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.|
TX Prop § 205.001 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 205 - Restrictive Covenants Applicable to Revised Subdivisions in Certain Counties|Section 205.001. Definitions

Sec. 205.001.  DEFINITIONS.  In this chapter:(1)  "Restrictions" and "subdivision" have the meanings assigned by Section 201.003.(2)  "Property owners' association" has the meaning assigned by Section 202.001.|Added by Acts 1995, 74th Leg., ch. 1040, Sec. 3, eff. Aug. 28, 1995.  Amended by Acts 1997, 75th Leg., ch. 451, Sec. 4, eff. Sept. 1, 1997.|
TX Prop § 205.002 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 205 - Restrictive Covenants Applicable to Revised Subdivisions in Certain Counties|Section 205.002. Applicability

Sec. 205.002.  APPLICABILITY.  This chapter applies only to a county with a population of 65,000 or more.|Added by Acts 1995, 74th Leg., ch. 1040, Sec. 3, eff. Aug. 28, 1995.|
TX Prop § 205.003 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 205 - Restrictive Covenants Applicable to Revised Subdivisions in Certain Counties|Section 205.003. Restrictions Applicable to Revised Subdivisions

Sec. 205.003.  RESTRICTIONS APPLICABLE TO REVISED SUBDIVISIONS.  (a)  If all or part of a subdivision plat is revised to provide for another subdivision of land within all or part of the earlier subdivision, the restrictions that apply to the subdivision before the revision apply to the newly created subdivision.(b)  The property owners of the newly created subdivision must comply with the petition procedures prescribed by Chapter 204 to modify the restrictions.|Added by Acts 1995, 74th Leg., ch. 1040, Sec. 3, eff. Aug. 28, 1995.|
TX Prop § 205.004 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 205 - Restrictive Covenants Applicable to Revised Subdivisions in Certain Counties|Section 205.004. Amendment of Restrictions by Governing Body of Property Owners' Association

Sec. 205.004.  AMENDMENT OF RESTRICTIONS BY GOVERNING BODY OF PROPERTY OWNERS' ASSOCIATION.  (a)  The governing body of a property owners' association may amend the restrictions for the limited purpose of complying with United States Department of Housing and Urban Development or United States Department of Veterans Affairs requirements for subdivision property to qualify for insured or guaranteed mortgage loans.(b)  An amendment adopted under this section must:(1)  indicate that the amendment is adopted under authority of this section by specifically referencing this section;(2)  be signed by a majority of the governing body;  and(3)  be filed in the real property records of the county in which the subdivision is located.|Added by Acts 1997, 75th Leg., ch. 451, Sec. 5, eff. Sept. 1, 1997.|
TX Prop § 206.001 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 206 - Extension of Restrictions Imposing Regular Assessments in Certain Subdivisions|Section 206.001. Definitions

Sec. 206.001.  DEFINITIONS.  In this chapter:(1)  "Community association" means an incorporated association created to enforce restrictions.(2)  "Dedicatory instrument" and "restrictive covenant" have the meanings assigned by Section 202.001.(3)  "Lienholder," "owner," "real property records," "residential real estate subdivision," and "restrictions" have the meanings assigned by Section 201.003.(4)  "Regular assessment" means an assessment, charge, fee, or dues that each owner is required to pay to the community association on a regular basis and that is to be used by the association for the benefit of the subdivision in accordance with the original, extended, added, or modified restrictions.|Added by Acts 1997, 75th Leg., ch. 1249, Sec. 1, eff. Sept. 1, 1997.|
TX Prop § 206.002 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 206 - Extension of Restrictions Imposing Regular Assessments in Certain Subdivisions|Section 206.002. Applicability of Chapter

Sec. 206.002.  APPLICABILITY OF CHAPTER.  This chapter applies only to:(1)  a residential real estate subdivision that:(A)  consists of at least 4,600 homes;(B)  is located in whole or in part in a municipality with a population of more than 1.6 million located in a county with a population of 2.8 million or more;  and(C)  has restrictions the terms of which are automatically extended but has a regular assessment that is established by a separate document that permits the assessment to expire and does not provide for extension of the term of the assessment;  or(2)  a residential real estate subdivision that:(A)  consists of at least 750 homes;(B)  is located in two adjacent municipalities in a county with a population of 2.8 million or more;  and(C)  has use restrictions the terms of which are automatically extended but has a regular assessment that is established by two separate documents that permit the assessment to expire and do not provide for extension of the term of the assessment.|Added by Acts 1997, 75th Leg., ch. 1249, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 597, Sec. 1, eff. Sept. 1, 2001.|
TX Prop § 206.003 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 206 - Extension of Restrictions Imposing Regular Assessments in Certain Subdivisions|Section 206.003. Extension of Restriction Imposing Regular Assessment

Sec. 206.003.  EXTENSION OF RESTRICTION IMPOSING REGULAR ASSESSMENT.  (a)  A community association may approve and submit to a vote of the owners an extension of a restriction imposing a regular assessment.(b)  The extension of a restriction imposing a regular assessment is approved if a majority of the owners in the subdivision who vote on the issue in accordance with Section 206.004 vote in favor of the extension.(c)  An extension approved in accordance with this section and Section 206.004 applies to all real property in the subdivision, including residential and commercial property.(d)  A document certifying that a majority of the owners voting on the issue approved the extension of the restriction must be recorded in the real property records of the county in which the subdivision is located.|Added by Acts 1997, 75th Leg., ch. 1249, Sec. 1, eff. Sept. 1, 1997.|