2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 208 - Amendment and Termination of Restrictive Covenants in Historic Neighborhoods › Section 208.004. Common Scheme for Preservation of Property in Historic Neighborhood

Sec. 208.004.  COMMON SCHEME FOR PRESERVATION OF PROPERTY IN HISTORIC NEIGHBORHOOD.  (a)  A common scheme for preservation of historic property exists in a historic neighborhood if:
(1)  the restrictive covenants were created by individual dedicatory instruments signed by an owner of one or more separately owned parcels or tracts in the historic neighborhood;  and
(2)  the restrictive covenants authorize a historic neighborhood preservation association to enforce the restrictive covenants.
(b)  A common scheme for preservation of historic property does not include property that is not subject to restrictive covenants that authorize a historic neighborhood preservation association to enforce the restrictive covenants.
(c)  Restrictive covenants included in a common scheme for preservation of historic property exist for the benefit of all owners of property subject to the common scheme for preservation as if each owner were referenced in each dedicatory instrument.
(d)  Each owner of property subject to a common scheme for preservation of historic property may enforce restrictive covenants on other property included in the common scheme for preservation.
Added by Acts 1999, 76th Leg., ch. 871, Sec. 2, eff. June 18, 1999.  Renumbered from Sec. 207.004 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(98), eff. Sept. 1, 2001.
Sec. 208.005.  AMENDMENT OR TERMINATION OF RESTRICTIVE COVENANTS UNDER COMMON SCHEME FOR PRESERVATION.  (a)  A restrictive covenant applicable to property that is included in a common scheme for preservation of historic property may not be amended or terminated except as provided by this section.
(b)  A historic neighborhood preservation association may approve and submit to a vote of the owners of property that is included in a common scheme for preservation of historic property an amendment of the restrictive covenants or the termination of all or part of the restrictive covenants included in the common scheme for preservation of historic property.
(c)  The amendment or termination of a restrictive covenant is effective and applies to each separately owned parcel or tract subject to the common scheme for preservation of historic property if the owners of at least 75 percent of the parcels or tracts who vote on the issue in accordance with Section 208.006 vote in favor of the amendment or termination of the restrictive covenant.
(d)  A document certifying that 75 percent of the owners voting on the issue approved the amendment or termination of the restrictive covenant must be recorded by the historic neighborhood preservation association in the real property records of the county in which the historic neighborhood is located.  The document is prima facie evidence that the requisite percentage of votes was attained and the required formalities for the action were taken.
Added by Acts 1999, 76th Leg., ch. 871, Sec. 2, eff. June 18, 1999.  Renumbered from Sec. 207.005 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(98), 21.002(18), eff. Sept. 1, 2001.