reglab/housing_qa huggingface dataset:
TX Prop § 201.008 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 201 - Restrictive Covenants Applicable to Certain Subdivisions|Section 201.008. Notice and Certificate of Compliance

Sec. 201.008.  NOTICE AND CERTIFICATE OF COMPLIANCE.  (a)  Not later than the 60th day after the date on which a petition that meets the requirements of this chapter is filed, the committee shall give notice directed to all persons who then are record owners of property in the subdivision.  The notice must contain:(1)  the name of the subdivision covered by the petition;(2)  a copy of the petition;(3)  a statement that the proper number of property owners in the subdivision have signed and acknowledged the petition;  and(4)  the date the petition was filed with the county clerk.(b)  Except as provided by Subsection (d), the notice required by Subsection (a) must be:(1)  published once a week for two consecutive weeks in a newspaper of general circulation in the county or counties where the subdivision is located;  and(2)  sent by certified mail, return receipt requested, to each person who owned land in the subdivision as of the date the notice is given, excluding the owners of land dedicated for public use or for use by utilities.(c)  If the committee acts in good faith in determining ownership and giving notice as required by this section, the failure to give personal notice to an owner does not affect the application of an extension, modification, or creation of, or addition to, a restriction under this chapter to the property of a person who signed the petition.(d)  Instead of the information required by Subsection (a)(2), a notice published as required by Subsection (b)(1) may contain a general description of the purpose and effect of the petition.(e)  On compliance with the notice requirements of this section, a majority of the members of the committee shall execute a certificate of compliance and file the certificate with the county clerk of each county where the subdivision is located.(f)  The county clerk of each county shall record the certificate in the real property records of the county.|Added by Acts 1985, 69th Leg., ch. 309, Sec. 1, eff. Sept. 1, 1985.|
TX Prop § 201.010 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 201 - Restrictive Covenants Applicable to Certain Subdivisions|Section 201.010. Action and Limitations of Remedies

Sec. 201.010.  ACTION AND LIMITATIONS OF REMEDIES.  (a)  If an owner and the owner's predecessors in interest neither signed the petition nor filed the statement described in the fourth listed category in Section 201.009(b), the owner may file a suit for declaratory judgment in a court of competent jurisdiction:(1)  to challenge the completeness or regularity of the procedures leading to the recordation of a certificate, if the suit is filed before the 181st day after the date on which the certificate is filed with the county clerk;  or(2)  to exclude the owner's property from the operation of the extended, modified, added to, or created restriction.(b)  A suit for a declaratory judgment must name as defendants the final members of the petition committee who are owners of property in the subdivision at the time of the filing of the suit.  In addition, a suit for a declaratory judgment must name all other owners of property in the subdivision as defendants, either as individuals or as members of a class.(c)  An owner who files a suit for the second listed purpose in Subsection (a) is entitled to relief only if the owner pleads and establishes that the conditions of land use within the subdivision at the time the certificate was filed were incompatible with the restriction.  As an alternative to excluding a specific parcel of land from the operation of the restriction, a court may alter the restriction as it applies to the parcel to better conform to the incompatible conditions.(d)  The remedies in this section are exclusive of all others in actions brought to challenge a restriction extended, modified, added to, or created under this chapter.  The filing of an action for the first listed purpose in Subsection (a) does not prevent the restriction from taking effect in accordance with its terms pending a final judgment.|Added by Acts 1985, 69th Leg., ch. 309, Sec. 1, eff. Sept. 1, 1985.|
TX Prop § 201.011 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 201 - Restrictive Covenants Applicable to Certain Subdivisions|Section 201.011. Prohibition of Claim of Lack of Mutuality

Sec. 201.011.  PROHIBITION OF CLAIM OF LACK OF MUTUALITY.  If a petition procedure is completed under this chapter, the owners of property within the subdivision whose property is covered by the petition may not raise in any judicial proceeding the issue that the restrictions added, modified, created, or extended under this chapter are not enforceable on the grounds that the restrictions are not applicable to all of the property in the subdivision.|Added by Acts 1985, 69th Leg., ch. 309, Sec. 1, eff. Sept. 1, 1985.|
TX Prop § 201.012 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 201 - Restrictive Covenants Applicable to Certain Subdivisions|Section 201.012. Multiple Filing; Computation of Filing Date

Sec. 201.012.  MULTIPLE FILING;  COMPUTATION OF FILING DATE.  For purposes of this chapter, an instrument required to be filed with the clerk of more than one county is considered filed on the date on which the last required filing is made.|Added by Acts 1985, 69th Leg., ch. 309, Sec. 1, eff. Sept. 1, 1985.|
TX Prop § 201.013 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 201 - Restrictive Covenants Applicable to Certain Subdivisions|Section 201.013. Cumulative Effect

Sec. 201.013.  CUMULATIVE EFFECT.  The procedure prescribed by this chapter for adding to, modifying, creating, or extending the term of a restriction is cumulative and not in lieu of other methods of adding to, modifying, creating, or extending a restriction.|Added by Acts 1985, 69th Leg., ch. 309, Sec. 1, eff. Sept. 1, 1985.|
TX Prop § 202.001 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 202 - Construction and Enforcement of Restrictive Covenants|Section 202.001. Definitions

Sec. 202.001.  DEFINITIONS.  In this chapter:(1)  "Dedicatory instrument" means each document governing the establishment, maintenance, or operation of a residential subdivision, planned unit development, condominium or townhouse regime, or any similar planned development.  The term includes a declaration or similar instrument subjecting real property to:(A)  restrictive covenants, bylaws, or similar instruments governing the administration or operation of a property owners' association;(B)  properly adopted rules and regulations of the property owners' association; or(C)  all lawful amendments to the covenants, bylaws, instruments, rules, or regulations.(2)  "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, planned unit development, condominium or townhouse regime, or similar planned development.(3)  "Petition" means one or more instruments, however designated or entitled, by which one or more actions relating to restrictive covenants are sought to be accomplished.(4)  "Restrictive covenant" means any covenant, condition, or restriction contained in a dedicatory instrument, whether mandatory, prohibitive, permissive, or administrative.(5)  "Front yard" means a yard within a lot having a front building setback line with a setback of not less than 15 feet extending the full width of the lot between the front lot line and the front building setback line.|Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1142 (H.B. 1821), Sec. 2, eff. January 1, 2012.Acts 2013, 83rd Leg., R.S., Ch. 1389 (H.B. 680), Sec. 1, eff. June 14, 2013.|
TX Prop § 202.002 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 202 - Construction and Enforcement of Restrictive Covenants|Section 202.002. Applicability of Chapter

Sec. 202.002.  APPLICABILITY OF CHAPTER.  (a)  This chapter applies to all restrictive covenants regardless of the date on which they were created.(b)  This chapter does not affect the requirements of the Community Homes for Disabled Persons Location Act (Article 1011n, Vernon's Texas Civil Statutes).|Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987.|
TX Prop § 202.003 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 202 - Construction and Enforcement of Restrictive Covenants|Section 202.003. Construction of Restrictive Covenants

Sec. 202.003.  CONSTRUCTION OF RESTRICTIVE COVENANTS.  (a)  A restrictive covenant shall be liberally construed to give effect to its purposes and intent.(b)  In this subsection, "family home" is a residential home that meets the definition of and requirements applicable to a family home under the Community Homes for Disabled Persons Location Act (Article 1011n, Vernon's Texas Civil Statutes).  A dedicatory instrument or restrictive covenant may not be construed to prevent the use of property as a family home.  However, any restrictive covenant that applies to property used as a family home shall be liberally construed to give effect to its purposes and intent except to the extent that the construction would restrict the use as a family home.|Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987.|
TX Prop § 202.004 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 202 - Construction and Enforcement of Restrictive Covenants|Section 202.004. Enforcement of Restrictive Covenants

Sec. 202.004.  ENFORCEMENT OF RESTRICTIVE COVENANTS.  (a)  An exercise of discretionary authority by a property owners' association or other representative designated by an owner of real property concerning a restrictive covenant is presumed reasonable unless the court determines by a preponderance of the evidence that the exercise of discretionary authority was arbitrary, capricious, or discriminatory.(b)  A property owners' association or other representative designated by an owner of real property may initiate, defend, or intervene in litigation or an administrative proceeding affecting the enforcement of a restrictive covenant or the protection, preservation, or operation of the property covered by the dedicatory instrument.(c)  A court may assess civil damages for the violation of a restrictive covenant in an amount not to exceed $200 for each day of the violation.|Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987.|
TX Prop § 202.005 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 202 - Construction and Enforcement of Restrictive Covenants|Section 202.005. Withdrawal of Signature

Sec. 202.005.  WITHDRAWAL OF SIGNATURE.  (a)  A signature may be withdrawn from a petition authorized to be filed in connection with terminating restrictive covenants, as provided by this section.(b)  To withdraw a signature, the signer must request that the signature be withdrawn.(c)  To be effective, a withdrawal request must:(1)  be in writing and be signed and acknowledged by the signer of the petition;(2)  be filed with the authority with whom the petition is required to be filed not later than the day before the petition filing deadline, if any;  and(3)  be delivered in the form of a copy of the request to the circulator of the petition not later than the date the request is filed or by the effective date of this chapter, whichever is later.(d)  A withdrawal request or copy filed or delivered by mail is considered to be filed or delivered at the time of its receipt by the appropriate person.(e)  The filing of an effective withdrawal request nullifies the signature on the petition and places the signer in the same position as if the signer had not signed the petition.|Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987.|
TX Prop § 202.006 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 202 - Construction and Enforcement of Restrictive Covenants|Section 202.006. Public Records

Sec. 202.006.  PUBLIC RECORDS.  (a)  A property owners' association shall file all dedicatory instruments in the real property records of each county in which the property to which the dedicatory instruments relate is located.(b)  A dedicatory instrument has no effect until the instrument is filed in accordance with this section.(c)  A property owners' association may not collect a regular assessment, as defined by Section 209.002, if the dedicatory instrument authorizing the collection of the regular assessment is not filed as required by Subsection (a).|Added by Acts 1999, 76th Leg., ch. 1420, Sec. 2, eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1142 (H.B. 1821), Sec. 3, eff. January 1, 2012.Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 1, eff. September 1, 2021.|
TX Prop § 202.011 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 202 - Construction and Enforcement of Restrictive Covenants|Section 202.011. Regulation of Certain Roofing Materials

Sec. 202.011.  REGULATION OF CERTAIN ROOFING MATERIALS.  A property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner who is otherwise authorized to install shingles on the roof of the owner's property from installing shingles that:(1)  are designed primarily to:(A)  be wind and hail resistant;(B)  provide heating and cooling efficiencies greater than those provided by customary composite shingles; or(C)  provide solar generation capabilities; and(2)  when installed:(A)  resemble the shingles used or otherwise authorized for use on property in the subdivision;(B)  are more durable than and are of equal or superior quality to the shingles described by Paragraph (A); and(C)  match the aesthetics of the property surrounding the owner's property.|Added by Acts 2011, 82nd Leg., R.S., Ch. 939 (H.B. 362), Sec. 1, eff. June 17, 2011.|
TX Prop § 202.012 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 202 - Construction and Enforcement of Restrictive Covenants|Section 202.012. Flag Display

Sec. 202.012.  FLAG DISPLAY.  (a)  A property owners' association may not, except as provided in this section, adopt or enforce a dedicatory instrument provision that prohibits, restricts, or has the effect of prohibiting or restricting an owner from the display of:(1)  the flag of the United States of America;(2)  the flag of the State of Texas; or(3)  an official or replica flag of any branch of the United States armed forces.(b)  A property owners' association may adopt or enforce reasonable dedicatory instrument provisions:(1)  that require:(A)  the flag of the United States be displayed in accordance with 4 U.S.C. Sections 5-10;(B)  the flag of the State of Texas be displayed in accordance with Chapter 3100, Government Code;(C)  a flagpole attached to a dwelling or a freestanding flagpole be constructed of permanent, long-lasting materials, with a finish appropriate to the materials used in the construction of the flagpole and harmonious with the dwelling;(D)  the display of a flag, or the location and construction of the supporting flagpole, to comply with applicable zoning ordinances, easements, and setbacks of record; and(E)  a displayed flag and the flagpole on which it is flown be maintained in good condition and that any deteriorated flag or deteriorated or structurally unsafe flagpole be repaired, replaced, or removed;(2)  that regulate the size, number, and location of flagpoles on which flags are displayed, except that the regulation may not prevent the installation or erection of at least one flagpole per property that:(A)  is not more than 20 feet in height and, subject to applicable zoning ordinances, easements, and setbacks of record, is located in the front yard of the property; or(B)  is attached to any portion of a residential structure owned by the property owner and not maintained by the property owners' association;(3)  that govern the size of a displayed flag;(4)  that regulate the size, location, and intensity of any lights used to illuminate a displayed flag;(5)  that impose reasonable restrictions to abate noise caused by an external halyard of a flagpole; or(6)  that prohibit a property owner from locating a displayed flag or flagpole on property that is:(A)  owned or maintained by the property owners' association; or(B)  owned in common by the members of the association.(c)  A property owner who has a front yard and who otherwise complies with any permitted property owners' association regulations may elect to install a flagpole in accordance with either Subsection (b)(2)(A) or Subsection (b)(2)(B).|Added by Acts 2011, 82nd Leg., R.S., Ch. 1028 (H.B. 2779), Sec. 1, eff. June 17, 2011.Redesignated from Property Code, Section 202.011 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(40), eff. September 1, 2013.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1389 (H.B. 680), Sec. 2, eff. June 14, 2013.|
TX Prop § 202.018 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 202 - Construction and Enforcement of Restrictive Covenants|Section 202.018. Regulation of Display of Certain Religious Items

Sec. 202.018.  REGULATION OF DISPLAY OF CERTAIN RELIGIOUS ITEMS.  (a)  Except as otherwise provided by this section, a property owners' association may not enforce or adopt a provision in a dedicatory instrument, including a restrictive covenant, that prohibits a property owner or resident from displaying or affixing on the owner's or resident's property or dwelling one or more religious items the display of which is motivated by the owner's or resident's sincere religious belief.(b)  This section does not prohibit the enforcement or adoption of a provision in a dedicatory instrument, including a restrictive covenant, that, to the extent allowed by the constitution of this state and the United States, prohibits the display or affixing of a religious item on the owner's or resident's property or dwelling that:(1)  threatens the public health or safety;(2)  violates a law other than a law prohibiting the display of religious speech;(3)  contains language, graphics, or any display that is patently offensive to a passerby for reasons other than its religious content;(4)  is installed on property:(A)  owned or maintained by the property owners' association; or(B)  owned in common by members of the property owners' association;(5)  violates any applicable building line, right-of-way, setback, or easement; or(6)  is attached to a traffic control device, street lamp, fire hydrant, or utility sign, pole, or fixture.(c)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 196 (S.B. 581), Sec. 2, eff. May 31, 2021, and Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 22(1), eff. September 1, 2021..(d)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 196 (S.B. 581), Sec. 2, eff. May 31, 2021, and Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 22(1), eff. September 1, 2021.|Added by Acts 2011, 82nd Leg., R.S., Ch. 263 (H.B. 1278), Sec. 1, eff. June 17, 2011.Amended by: Acts 2021, 87th Leg., R.S., Ch. 196 (S.B. 581), Sec. 1, eff. May 31, 2021.Acts 2021, 87th Leg., R.S., Ch. 196 (S.B. 581), Sec. 2, eff. May 31, 2021.Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 2, eff. September 1, 2021.Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 22(1), eff. September 1, 2021.|
TX Prop § 202.020 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 202 - Construction and Enforcement of Restrictive Covenants|Section 202.020. Certain Sales of Beverages by Children

Sec. 202.020.  CERTAIN SALES OF BEVERAGES BY CHILDREN.  (a) A property owners' association of a residential subdivision may not adopt or enforce a restrictive covenant that prohibits or regulates, including by requiring a permit or fee, the occasional sale of lemonade or other nonalcoholic beverages from a stand on property located in the subdivision by an individual younger than 18 years of age who has the permission of a property owner in the subdivision for the sale.(b)  A property owners' association:(1)  does not owe a duty of care to persons participating in a beverage sale described by Subsection (a); and(2)  is not liable for any injury to persons participating in a beverage sale described by Subsection (a), except for wilful or wanton acts or gross negligence of the association.|Added by Acts 2019, 86th Leg., R.S., Ch. 1027 (H.B. 234), Sec. 3, eff. September 1, 2019.|
TX Prop § 202.021 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 202 - Construction and Enforcement of Restrictive Covenants|Section 202.021. Regulation of Firearms or Firearm Ammunition

Sec. 202.021.  REGULATION OF FIREARMS OR FIREARM AMMUNITION.  A property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits, restricts, or has the effect of prohibiting or restricting any person who is otherwise authorized from lawfully possessing, transporting, or storing a firearm, any part of a firearm, or firearm ammunition, as well as the otherwise lawful discharge of a firearm.|Added by Acts 2019, 86th Leg., R.S., Ch. 972 (S.B. 741), Sec. 1, eff. September 1, 2019.Redesignated from Property Code, Section 202.020 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(63), eff. September 1, 2021.|
TX Prop § 202.022 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 202 - Construction and Enforcement of Restrictive Covenants|Section 202.022. Swimming Pool Enclosures

Sec. 202.022.  SWIMMING POOL ENCLOSURES.  (a)  In this section, "swimming pool enclosure" means a fence that:(1)  surrounds a water feature, including a swimming pool or spa;(2)  consists of transparent mesh or clear panels set in metal frames;(3)  is not more than six feet in height; and(4)  is designed to not be climbable.(b)  A property owners' association:(1)  may not adopt or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from installing on the property owner's property a swimming pool enclosure that conforms to applicable state or local safety requirements; and(2)  may adopt and enforce a provision in a dedicatory instrument establishing limitations related to the appearance of a swimming pool enclosure, including limitations establishing permissible colors for a swimming pool enclosure, provided that the provision does not prohibit a swimming pool enclosure that is black in color and consists of transparent mesh set in metal frames.|Added by Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 3, eff. September 1, 2021.|
TX Prop § 202.023 (2021)
2021 Texas Statutes|Property Code|Title 11 - Restrictive Covenants|Chapter 202 - Construction and Enforcement of Restrictive Covenants|Section 202.023. Security Measures

Sec. 202.023.  SECURITY MEASURES.  (a)  This section does not apply to:(1)  a condominium as defined by Section 81.002 or 82.003; or(2)  a master mixed-use property owners' association subject to Chapter 215.(b)  Except as provided by Subsection (c), a property owners' association may not adopt or enforce a restrictive covenant that prevents a property owner from building or installing security measures, including but not limited to a security camera, motion detector, or perimeter fence.(c)  This section does not prohibit a property owners' association from:(1)  prohibiting the installation of a security camera by a property owner in a place other than the property owner's private property; or(2)  regulating the type of fencing that a property owner may install.|Added by Acts 2021, 87th Leg., R.S., Ch. 716 (H.B. 3571), Sec. 1, eff. June 15, 2021.Added by Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 4, eff. September 1, 2021.|