reglab/statecodes huggingface dataset:
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 209 - Texas Residential Property Owners Protection Act › Section 209.0063. Priority of Payments

Sec. 209.0063.  PRIORITY OF PAYMENTS.  (a)  Except as provided by Subsection (b), a payment received by a property owners' association from the owner shall be applied to the owner's debt in the following order of priority:
(1)  any delinquent assessment;
(2)  any current assessment;
(3)  any reasonable attorney's fees or reasonable third party collection costs incurred by the association associated solely with assessments or any other charge that could provide the basis for foreclosure;
(4)  any reasonable attorney's fees incurred by the association that are not subject to Subdivision (3);
(5)  any reasonable fines assessed by the association; and
(6)  any other reasonable amount owed to the association.
(b)  If, at the time the property owners' association receives a payment from a property owner, the owner is in default under a payment plan entered into with the association:
(1)  the association is not required to apply the payment in the order of priority specified by Subsection (a); and
(2)  in applying the payment, a fine assessed by the association may not be given priority over any other amount owed to the association.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1282 (H.B. 1228), Sec. 2, eff. January 1, 2012.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 15, eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 209 - Texas Residential Property Owners Protection Act › Section 209.0064. Third Party Collections

Sec. 209.0064.  THIRD PARTY COLLECTIONS.  (a)  In this section, "collection agent" means a debt collector, as defined by Section 803 of the federal Fair Debt Collection Practices Act (15 U.S.C. Section 1692a).
(b)  A property owners' association may not hold an owner liable for fees of a collection agent retained by the association unless the association first provides written notice to the owner by certified mail that:
(1)  specifies each delinquent amount and the total amount of the payment required to make the account current;
(2)  if the association is subject to Section 209.0062 or the association's dedicatory instruments contain a requirement to offer a payment plan, describes the options the owner has to avoid having the account turned over to a collection agent, including information regarding availability of a payment plan through the association; and
(3)  provides a period of at least 45 days for the owner to cure the delinquency before further collection action is taken.
(c)  An owner is not liable for fees of a collection agent retained by the property owners' association if:
(1)  the obligation for payment by the association to the association's collection agent for fees or costs associated with a collection action is in any way dependent or contingent on amounts recovered; or
(2)  the payment agreement between the association and the association's collection agent does not require payment by the association of all fees to a collection agent for the action undertaken by the collection agent.
(d)  The agreement between the property owners' association and the association's collection agent may not prohibit the owner from contacting the association board or the association's managing agent regarding the owner's delinquency.
(e)  A property owners' association may not sell or otherwise transfer any interest in the association's accounts receivables for a purpose other than as collateral for a loan.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1282 (H.B. 1228), Sec. 2, eff. January 1, 2012.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 19, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 16, eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 209 - Texas Residential Property Owners Protection Act › Section 209.0065. Credit Reporting Services

Sec. 209.0065.  CREDIT REPORTING SERVICES.  (a)  A property owners' association or the association's collection agent may not report any delinquent fines, fees, or assessments to a credit reporting service that are the subject of a pending dispute between the owner and the property owners' association.
(b)  A property owners' association may report the delinquent payment history of assessments, fines, and fees of property owners within its jurisdiction to a credit reporting service only if:
(1)  at least 30 business days before reporting to a credit reporting service, the association sends, via certified mail, hand delivery, electronic delivery, or by other delivery means acceptable between the parties, a detailed report of all delinquent charges owed; and
(2)  a property owner has been given the opportunity to enter into a payment plan.
(c)  A property owners' association may not charge a fee to an individual property owner for the reporting under Subsection (b) of the delinquent payment history of assessments, fines, and fees of property owners within the association's jurisdiction to a credit reporting service.
Added by Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 17, eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 209 - Texas Residential Property Owners Protection Act › Section 209.007. Hearing Before Board; Alternative Dispute Resolution

Sec. 209.007.  HEARING BEFORE BOARD;  ALTERNATIVE DISPUTE RESOLUTION.  (a)  Except as provided by Subsection (d) and only if the owner is entitled to an opportunity to cure the violation, the owner has the right to submit a written request for a hearing to discuss and verify facts and resolve the matter in issue before the board.
(b)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 22(2), eff. September 1, 2021.
(c)  The association shall hold a hearing under this section not later than the 30th day after the date the board receives the owner's request for a hearing and shall notify the owner of the date, time, and place of the hearing not later than the 10th day before the date of the hearing.  The board or the owner may request a postponement, and, if requested, a postponement shall be granted for a period of not more than 10 days.  Additional postponements may be granted by agreement of the parties.  The owner or the association may make an audio recording of the meeting.
(d)  The notice and hearing provisions of Section 209.006 and this section do not apply if the association files a suit seeking a temporary restraining order or temporary injunctive relief or files a suit that includes foreclosure as a cause of action.  If a suit is filed relating to a matter to which those sections apply, a party to the suit may file a motion to compel mediation.  The notice and hearing provisions of Section 209.006 and this section do not apply to a temporary suspension of a person's right to use common areas if the temporary suspension is the result of a violation that occurred in a common area and involved a significant and immediate risk of harm to others in the subdivision.  The temporary suspension is effective until the board makes a final determination on the suspension action after following the procedures prescribed by this section.
(e)  An owner or property owners' association may use alternative dispute resolution services.
(f)  Not later than 10 days before the association holds a hearing under this section, the association shall provide to an owner a packet containing all documents, photographs, and communications relating to the matter the association intends to introduce at the hearing.
(g)  If an association does not provide a packet within the period described by Subsection (f), an owner is entitled to an automatic 15-day postponement of the hearing.
(h)  During a hearing, a member of the board or the association's designated representative shall first present the association's case against the owner.  An owner or the owner's designated representative is entitled to present the owner's information and issues relevant to the appeal or dispute.
Added by Acts 2001, 77th Leg., ch. 926, Sec. 1, eff. Jan. 1, 2002.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 18, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 22(2), eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 209 - Texas Residential Property Owners Protection Act › Section 209.008. Attorney's Fees

Sec. 209.008.  ATTORNEY'S FEES.  (a)  A property owners' association may collect reimbursement of reasonable attorney's fees and other reasonable costs incurred by the association relating to collecting amounts, including damages, due the association for enforcing restrictions or the bylaws or rules of the association only if the owner is provided a written notice that attorney's fees and costs will be charged to the owner if the delinquency or violation continues after a date certain.
(b)  An owner is not liable for attorney's fees incurred by the association relating to a matter described by the notice under Section 209.006 if the attorney's fees are incurred before the conclusion of the hearing under Section 209.007 or, if the owner does not request a hearing under that section, before the date by which the owner must request a hearing.  The owner's presence is not required to hold a hearing under Section 209.007.
(c)  All attorney's fees, costs, and other amounts collected from an owner shall be deposited into an account maintained at a financial institution in the name of the association or its managing agent.  Only members of the association's board or its managing agent or employees of its managing agent may be signatories on the account.
(d)  On written request from the owner, the association shall provide copies of invoices for attorney's fees and other costs relating only to the matter for which the association seeks reimbursement of fees and costs.
(e)  The notice provisions of Subsection (a) do not apply to a counterclaim of an association in a lawsuit brought against the association by a property owner.
(f)  If the dedicatory instrument or restrictions of an association allow for nonjudicial foreclosure, the amount of attorney's fees that a property owners' association may include in a nonjudicial foreclosure sale for an indebtedness covered by a property owners' association's assessment lien is limited to the greater of:
(1)  one-third of the amount of all actual costs and assessments, excluding attorney's fees, plus interest and court costs, if those amounts are permitted to be included by law or by the restrictive covenants governing the property;  or
(2)  $2,500.
(g)  Subsection (f) does not prevent a property owners' association from recovering or collecting attorney's fees in excess of the amounts prescribed by Subsection (f) by other means provided by law.
Added by Acts 2001, 77th Leg., ch. 926, Sec. 1, eff. Jan. 1, 2002.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 209 - Texas Residential Property Owners Protection Act › Section 209.009. Foreclosure Sale Prohibited in Certain Circumstances

Sec. 209.009.  FORECLOSURE SALE PROHIBITED IN CERTAIN CIRCUMSTANCES.  A property owners' association may not foreclose a property owners' association's assessment lien if the debt securing the lien consists solely of:
(1)  fines assessed by the association;
(2)  attorney's fees incurred by the association solely associated with fines assessed by the association; or
(3)  amounts added to the owner's account as an assessment under Section 209.005(i) or 209.0057(b-4).
Added by Acts 2001, 77th Leg., ch. 926, Sec. 1, eff. Jan. 1, 2002.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1026 (H.B. 2761), Sec. 4, eff. January 1, 2012.
Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 20, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 209 - Texas Residential Property Owners Protection Act › Section 209.0091. Prerequisites to Foreclosure: Notice and Opportunity to Cure for Certain Other Lienholders

Sec. 209.0091.  PREREQUISITES TO FORECLOSURE:  NOTICE AND OPPORTUNITY TO CURE FOR CERTAIN OTHER LIENHOLDERS.  (a)  A property owners' association may not file an application for an expedited court order authorizing foreclosure of the association's assessment lien as described by Section 209.0092(a) or a petition for judicial foreclosure of the association's assessment lien as described by Section 209.0092(d) unless the association has:
(1)  provided written notice of the total amount of the delinquency giving rise to the foreclosure to any other holder of a lien of record on the property whose lien is inferior or subordinate to the association's lien and is evidenced by a deed of trust; and
(2)  provided the recipient of the notice an opportunity to cure the delinquency before the 61st day after the date the association mails the notice described in Subdivision (1).
(b)  Notice under this section must be sent by certified mail to the address for the lienholder shown in the deed records relating to the property that is subject to the property owners' association assessment lien.
(c)  Notwithstanding any other law, notice under this section may be provided to any holder of a lien of record on the property.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1282 (H.B. 1228), Sec. 2, eff. January 1, 2012.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 21, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 209 - Texas Residential Property Owners Protection Act › Section 209.0092. Judicial Foreclosure Required

Sec. 209.0092.  JUDICIAL FORECLOSURE REQUIRED.  (a)  Except as provided by Subsection (c) or (d) and subject to Section 209.009, a property owners' association may not foreclose a property owners' association assessment lien unless the association first obtains a court order in an application for expedited foreclosure under the rules adopted by the supreme court under Subsection (b).  A property owners' association may use the procedure described by this subsection to foreclose any lien described by the association's dedicatory instruments.  A property owners' association whose dedicatory instruments grant a right of foreclosure is considered to have any power of sale required by law as a condition of using the procedure described by this subsection.
(b)  The supreme court, as an exercise of the court's authority under Section 74.024, Government Code, shall adopt rules establishing expedited foreclosure proceedings for use by a property owners' association in foreclosing an assessment lien of the association.  The rules adopted under this subsection must be substantially similar to the rules adopted by the supreme court under Section 50(r), Article XVI, Texas Constitution.
(c)  Expedited foreclosure is not required under this section if the owner of the property that is subject to foreclosure agrees in writing at the time the foreclosure is sought to waive expedited foreclosure under this section.  A waiver under this subsection may not be required as a condition of the transfer of title to real property.
(d)  A property owners' association authorized to use the procedure described by Subsection (a) may in its discretion elect not to use that procedure and instead foreclose the association's assessment lien under court judgment foreclosing the lien and ordering the sale, pursuant to Rules 309 and 646a, Texas Rules of Civil Procedure.
(e)  This section does not affect any right an association that is not authorized to use the procedure described by Subsection (a) may have to judicially foreclose the association's assessment lien as described by Subsection (d).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1282 (H.B. 1228), Sec. 2, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 22, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 209 - Texas Residential Property Owners Protection Act › Section 209.0093. Removal or Adoption of Foreclosure Authority

Sec. 209.0093.  REMOVAL OR ADOPTION OF FORECLOSURE AUTHORITY.  A provision granting a right to foreclose a lien on real property for unpaid amounts due to a property owners' association may be removed from a dedicatory instrument or adopted in a dedicatory instrument by a vote of at least 67 percent of the total votes allocated to property owners in the property owners' association.  Owners holding at least 10 percent of all voting interests in the property owners' association may petition the association and require a special meeting to be called for the purposes of taking a vote for the purposes of this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1282 (H.B. 1228), Sec. 2, eff. January 1, 2012.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 209 - Texas Residential Property Owners Protection Act › Section 209.0094. Assessment Lien Filing

Sec. 209.0094.  ASSESSMENT LIEN FILING. (a) In this section, "assessment lien" means a lien, lien affidavit, or other lien instrument evidencing the nonpayment of assessments or other charges owed to a property owners' association.
(b)  An assessment lien filed in the official public records of a county is a legal instrument affecting title to real property.
(c)  Before a property owners' association files an assessment lien, the association must provide notices of delinquency in accordance with Subsections (d) and (e).
(d)  The first notice of delinquency must be provided:
(1)  by first class mail to the property owner's last known mailing address, as reflected in records maintained by the association; or
(2)  by e-mail to an e-mail address the property owner has provided to the property owners' association.
(e) The second notice of delinquency must be provided by certified mail, return receipt requested, to the property owner's last known mailing address, as reflected in the  records maintained by the association, not earlier than the 30th day after notice is given under Subsection (d).
(f)  A property owners' association may not file an assessment lien before the 90th day after the date notice of delinquency was sent to the property owner under Subsection (e).
(g)  Subsections (c), (d), and (e) do not apply to a property owners' association providing a property owner covered by the Servicemembers Civil Relief Act (50 U.S.C. Section 3901 et seq.) the protections to which the owner is entitled under the Act.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1282 (H.B. 1228), Sec. 2, eff. January 1, 2012.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 807 (H.B. 886), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 209 - Texas Residential Property Owners Protection Act › Section 209.010. Notice After Foreclosure Sale

Sec. 209.010.  NOTICE AFTER FORECLOSURE SALE.  (a)  A property owners' association that conducts a foreclosure sale of an owner's lot must send to the lot owner and to each lienholder of record, not later than the 30th day after the date of the foreclosure sale, a written notice stating the date and time the sale occurred and informing the lot owner and each lienholder of record of the right of the lot owner and lienholder to redeem the property under Section 209.011.
(b)  The notice must be sent by certified mail, return receipt requested, to:
(1)  the lot owner's last known mailing address, as reflected in the records of the property owners' association;
(2)  the address of each holder of a lien on the property subject to foreclosure evidenced by the most recent deed of trust filed of record in the real property records of the county in which the property is located; and
(3)  the address of each transferee or assignee of a deed of trust described by Subdivision (2) who has provided notice to a property owners' association of such assignment or transfer.  Notice provided by a transferee or assignee to a property owners' association shall be in writing, shall contain the mailing address of the transferee or assignee, and shall be mailed by certified mail, return receipt requested, or United States mail with signature confirmation to the property owners' association according to the mailing address of the property owners' association pursuant to the most recent management certificate filed of record pursuant to Section 209.004.
(b-1)  If a recorded instrument does not include an address for the lienholder, the association does not have a duty to notify the lienholder as provided by this section.
(b-2)  For purposes of this section, the lot owner is deemed to have given approval for the association to notify the lienholder.
(c)  Not later than the 30th day after the date the association sends the notice required by Subsection (a), the association must record an affidavit in the real property records of the county in which the lot is located, stating the date on which the notice was sent and containing a legal description of the lot.  Any person is entitled to rely conclusively on the information contained in the recorded affidavit.
(d)  The notice requirements of this section also apply to the sale of an owner's lot by a sheriff or constable conducted as provided by a judgment obtained by the property owners' association.
Added by Acts 2001, 77th Leg., ch. 926, Sec. 1, eff. Jan. 1, 2002.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1176 (H.B. 3479), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 209 - Texas Residential Property Owners Protection Act › Section 209.012. Restrictive Covenants Granting Easements to Certain Property Owners' Associations

Sec. 209.012.  RESTRICTIVE COVENANTS GRANTING EASEMENTS TO CERTAIN PROPERTY OWNERS' ASSOCIATIONS.  (a)  A property owners' association may not amend a dedicatory instrument to grant the property owners' association an easement through or over an owner's lot without the consent of the owner.
(b)  This section does not prohibit a property owners' association from adopting or enforcing a restriction in a dedicatory instrument that allows the property owners' association to access an owner's lot to remedy a violation of the dedicatory instrument.
Added by Acts 2007, 80th Leg., R.S., Ch. 887 (H.B. 2402), Sec. 1, eff. September 1, 2007.
Sec. 209.013.  AUTHORITY OF ASSOCIATION TO AMEND DEDICATORY INSTRUMENT.  (a)  A dedicatory instrument created by a developer of a residential subdivision or by a property owners' association in which the developer has a majority of the voting rights or that the developer otherwise controls under the terms of the dedicatory instrument may not be amended during the period between the time the developer loses the majority of the voting rights or other form of control of the property owners' association and the time a new board of directors of the association assumes office following the loss of the majority of the voting rights or other form of control.
(b)  A provision in a dedicatory instrument that violates this section is void and unenforceable.
Added by Acts 2007, 80th Leg., R.S., Ch. 887 (H.B. 2402), Sec. 2(a), eff. September 1, 2007.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 209 - Texas Residential Property Owners Protection Act › Section 209.014. Mandatory Election Required After Failure to Call Regular Meeting

Sec. 209.014.  MANDATORY ELECTION REQUIRED AFTER FAILURE TO CALL REGULAR MEETING.  (a)  Notwithstanding any provision in a dedicatory instrument, a board of a property owners' association shall call an annual meeting of the members of the association.
(b)  If a board of a property owners' association does not call an annual meeting of the association members, an owner may demand that a meeting of the association members be called not later than the 30th day after the date of the owner's demand.  The owner's demand must be made in writing and sent by certified mail, return receipt requested, to the registered agent of the property owners' association and to the association at the address for the association according to the most recently filed management certificate.  A copy of the notice must be sent to each property owner who is a member of the association.
(c)  If the board does not call a meeting of the members of the property owners' association on or before the 30th day after the date of a demand under Subsection (b), three or more owners may form an election committee.  The election committee shall file written notice of the committee's formation with the county clerk of each county in which the subdivision is located.
(d)  A notice filed by an election committee must contain:
(1)  a statement that an election committee has been formed to call a meeting of owners who are members of the property owners' association for the sole purpose of electing board members;
(2)  the name and residential address of each committee member; and
(3)  the name of the subdivision over which the property owners' association has jurisdiction under a dedicatory instrument.
(e)  Each committee member must sign and acknowledge the notice before a notary or other official authorized to take acknowledgments.
(f)  The county clerk shall enter on the notice the date the notice is filed and record the notice in the county's real property records.
(g)  Only one committee in a subdivision may operate under this section at one time.  If more than one committee in a subdivision files a notice, the first committee that files a notice, after having complied with all other requirements of this section, is the committee with the power to act under this section.  A committee that does not hold or conduct a successful election within four months after the date the notice is filed with the county clerk is dissolved by operation of law.  An election held or conducted by a dissolved committee is ineffective for any purpose under this section.
(h)  The election committee may call meetings of the owners who are members of the property owners' association for the sole purpose of electing board members.  Notice, quorum, and voting provisions contained in the bylaws of the property owners' association apply to any meeting called by the election committee.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1026 (H.B. 2761), Sec. 5, eff. January 1, 2012.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 209 - Texas Residential Property Owners Protection Act › Section 209.016. Regulation of Residential Leases or Rental Agreements

Sec. 209.016.  REGULATION OF RESIDENTIAL LEASES OR RENTAL AGREEMENTS.
(a)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 22(3), eff. September 1, 2021.
(b)  A property owners' association may not adopt or enforce a provision in a dedicatory instrument that:
(1)  requires a lease or rental applicant or a tenant to be submitted to and approved for tenancy by the property owners' association; or
(2)  requires the following information to be submitted to a property owners' association regarding a lease or rental applicant or current tenant:
(A)  a consumer or credit report; or
(B)  a lease or rental application submitted by the applicant, tenant, or that person's agent to the property owner or property owner's agent when applying for tenancy.
(c)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 22(3), eff. September 1, 2021.
(d)  Nothing in this section shall be construed to prohibit the adoption or enforcement of a provision in a dedicatory instrument establishing a restriction relating to occupancy or leasing.
(e)  A property owners' association may request the following information to be submitted to the association regarding a lease or rental applicant:
(1)  contact information, including the name, mailing address, phone number, and e-mail address of each person who will reside at a property in the subdivision under a lease; and
(2)  the commencement date and term of the lease.
Added by Acts 2015, 84th Leg., R.S., Ch. 1077 (H.B. 2489), Sec. 1, eff. June 19, 2015.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 20, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 22(3), eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 209 - Texas Residential Property Owners Protection Act › Section 209.017. Justice Court Jurisdiction

Sec. 209.017.  JUSTICE COURT JURISDICTION.  An owner of property in a subdivision may bring an action for a violation of this chapter against the property owners' association of the subdivision in the justice court of a precinct in which all or part of the subdivision is located.
Added by Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 21, eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 210 - Extension or Modification of Residential Restrictive Covenants by Petition in Certain Subdivisions › Section 210.001. Definitions

Sec. 210.001.  DEFINITIONS.  In this chapter:
(1)  "Dedicatory instrument" has the meaning assigned by Section 202.001.
(2)  "Owner" has the meaning assigned by Section 201.003.
(3)  "Property owners' association" has the meaning assigned by Section 202.001.
(4)  "Residential real estate subdivision" or "subdivision" has the meaning assigned by Section 201.003, except that in a county described by Section 210.002(1) a subdivision that is a gated community with private streets need not be located in a city, town, or village or within the extraterritorial jurisdiction of a city, town, or village.
(5)  "Restrictions" has the meaning assigned by Section 201.003.
Added by Acts 2005, 79th Leg., Ch. 1180 (S.B. 1018), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 821 (S.B. 1672), Sec. 2, eff. June 19, 2009.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 210 - Extension or Modification of Residential Restrictive Covenants by Petition in Certain Subdivisions › Section 210.002. Applicability of Chapter

Sec. 210.002.  APPLICABILITY OF CHAPTER.  This chapter applies to a residential real estate subdivision that is located in a county with a population of:
(1)  more than 200,000 and less than 233,500; or
(2)  more than 45,000 and less than 85,000 that is adjacent to a county with a population of more than 200,000 and less than 233,500.
Added by Acts 2005, 79th Leg., Ch. 1180 (S.B. 1018), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 111, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 212, eff. September 1, 2023.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 210 - Extension or Modification of Residential Restrictive Covenants by Petition in Certain Subdivisions › Section 210.003. Findings and Purpose

Sec. 210.003.  FINDINGS AND PURPOSE.  (a)  The legislature finds that:
(1)  the pending expiration of and the inability of owners to extend or modify property restrictions applicable to certain real estate subdivisions in this state creates uncertainty in living conditions and discourages investments in those subdivisions;
(2)  owners of land in affected subdivisions are reluctant or unable to provide proper maintenance, upkeep, and repairs of structures because of the pending expiration of restrictions;
(3)  financial institutions cannot or will not lend money for investments, maintenance, upkeep, or repairs in affected subdivisions;
(4)  these conditions cause dilapidation of housing and other structures and cause unhealthful and unsanitary conditions in affected subdivisions, contrary to the health, safety, and welfare of the public; and
(5)  the existence of race-related covenants in restrictions, regardless of their unenforceability, is offensive, repugnant, and harmful to members of racial or ethnic minority groups and public policy requires that those covenants be removed.
(b)  The purpose of this chapter is to provide a procedure for extending or modifying residential restrictions and to provide for the removal of any restriction or other provision relating to race, religion, or national origin that is void and unenforceable under either the United States Constitution or Section 5.026.
Added by Acts 2005, 79th Leg., Ch. 1180 (S.B. 1018), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 210 - Extension or Modification of Residential Restrictive Covenants by Petition in Certain Subdivisions › Section 210.004. Extension or Modification of Restrictions

Sec. 210.004.  EXTENSION OR MODIFICATION OF RESTRICTIONS.  (a)  In addition to any procedures provided in a subdivision's restrictions, a property owners' association, or a petition committee comprised of at least three owners, may circulate a petition proposing to extend or modify existing restrictions.
(b)  An extension or modification of existing restrictions that is approved by the owners becomes effective when the resolution required by Section 210.008 is filed as a dedicatory instrument with the county clerk of each county in which the subdivision is located.
(c)  An extension or modification of existing restrictions that is approved by the owners under this chapter is binding on all properties in the subdivision.
Added by Acts 2005, 79th Leg., Ch. 1180 (S.B. 1018), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 210 - Extension or Modification of Residential Restrictive Covenants by Petition in Certain Subdivisions › Section 210.005. Petition Procedure

Sec. 210.005.  PETITION PROCEDURE.  (a)  The property owners' association or petition committee shall deliver to each record owner of property in the subdivision a petition describing the exact terms of the proposed extension or modification of the existing restrictions.
(b)  The petition must state the date by which a response must be received in order to be counted.
(c)  The petition may allow each owner to indicate approval or disapproval of:
(1)  the entire proposal; or
(2)  specific provisions of the proposal.
(d)  Separate signature pages may be delivered if the proposed extension or modification is stated fully or referenced on each signature page.  A reference may be made by the following or substantially similar wording: "We the undersigned owners of property in the __________ Subdivision indicate by our signatures on this document our approval or disapproval of the proposal(s) circulated by __________ on or about [date] to [extend or modify] our restrictive covenants.  We acknowledge that we have fully reviewed the proposal(s)."
(e)  The petition must be sent by certified mail, return receipt requested, to each owner's mailing address as reflected in the appraisal records maintained by the appraisal district in which the owner's property is located.
(f)  The signature of an owner on the petition conclusively establishes that the owner received the petition.
Added by Acts 2005, 79th Leg., Ch. 1180 (S.B. 1018), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 210 - Extension or Modification of Residential Restrictive Covenants by Petition in Certain Subdivisions › Section 210.006. Vote on Proposal

Sec. 210.006.  VOTE ON PROPOSAL.  (a)  If the petition allows owners to indicate only approval or disapproval of the entire proposal, the proposal is adopted if owners of at least 66 percent of the real property in the subdivision vote in favor of the proposal.  If the petition allows owners to indicate approval or disapproval of specific provisions of the proposal, a provision is adopted if owners of at least 66 percent of the real property in the subdivision vote in favor of the provision.
(b)  The property owners' association or petition committee shall exclude votes by lienholders, contract purchasers, and owners of mineral interests.
(c)  Except as provided by this subsection, the approval or disapproval of multiple owners of a property may be reflected by the signatures of a majority of the co-owners.  The approval or disapproval of owners who are married may be reflected by the signature of one of those owners.
(d)  An owner is considered to have cast a vote if the owner signs the petition indicating approval or disapproval of the proposal or one or more specific provisions of the proposal.
(e)  The property owners' association or petition committee may only count a vote if the association or committee receives the vote before the deadline stated in the petition.
Added by Acts 2005, 79th Leg., Ch. 1180 (S.B. 1018), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 210 - Extension or Modification of Residential Restrictive Covenants by Petition in Certain Subdivisions › Section 210.007. Subdivision Consisting of Multiple Sections

Sec. 210.007.  SUBDIVISION CONSISTING OF MULTIPLE SECTIONS.  If a subdivision consisting of multiple sections, each with its own restrictions, is represented by a single property owners' association, a proposal or specific provision of a proposal is adopted if owners of at least 66 percent of the total number of properties in the subdivision vote in favor of the proposal or provision.
Added by Acts 2005, 79th Leg., Ch. 1180 (S.B. 1018), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 210 - Extension or Modification of Residential Restrictive Covenants by Petition in Certain Subdivisions › Section 210.008. Resolution Certifying Results of Vote

Sec. 210.008.  RESOLUTION CERTIFYING RESULTS OF VOTE.  (a)  The property owners' association or petition committee shall certify the results of a vote under this chapter by a written resolution specifying the number of votes for and against the proposal, or for and against each provision of the proposal, and shall also certify that the petition was delivered to each record owner of property in the subdivision as required by Section 210.005.
(b)  The association or committee shall attach to the resolution a statement of the exact terms of the proposed extension or modification of the existing restrictions.
(c)  The association or committee shall make the resolution, petition, and signature pages available to any owner on request.
Added by Acts 2005, 79th Leg., Ch. 1180 (S.B. 1018), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 210 - Extension or Modification of Residential Restrictive Covenants by Petition in Certain Subdivisions › Section 210.009. Additional Procedures

Sec. 210.009.  ADDITIONAL PROCEDURES.  The procedures provided by this chapter are in addition to any procedures provided in a subdivision's restrictions for the extension or modification of existing restrictions.  The property owners' association or petition committee may propose the extension or modification of restrictions either in accordance with the procedures provided by the subdivision's restrictions or the procedures provided by this chapter.
Added by Acts 2005, 79th Leg., Ch. 1180 (S.B. 1018), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 211 - Amendment and Enforcement of Restrictions in Certain Subdivisions › Section 211.001. Definitions

Sec. 211.001.  DEFINITIONS.  In this chapter:
(1)  "Dedicatory instrument" means each governing instrument covering the establishment, maintenance, and operation of a residential subdivision or any similar planned development.  The term includes a declaration or similar instrument subjecting real property to restrictive covenants, bylaws, or similar instruments governing the administration or operation of a property owners' association, to properly adopted rules and regulations of the property owners' association, or to all lawful amendments to the covenants, bylaws, instruments, rules, or regulations.
(2)  "Lienholder," "owner," "real property records," and "restrictions" have the meanings assigned by Section 201.003.
(3)  "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 or similar planned development.
(4)  "Residential real estate subdivision" or "subdivision" means all land encompassed within one or more maps or plats of land that is divided into two or more parts if:
(A)  the maps or plats cover land all or part of which is not located within a municipality and:
(i)  for a county with a population of less than 65,000, is not located within the extraterritorial jurisdiction of a municipality;
(ii)  for a county with a population of at least 65,000 and less than 135,000, is located wholly within the extraterritorial jurisdiction of a municipality; or
(iii)  for a county that borders Lake Buchanan and has a population of at least 21,000 and less than 22,000, is located wholly within the extraterritorial jurisdiction of a municipality;
(B)  the land encompassed within the maps or plats is or was burdened by restrictions limiting all or at least a majority of the land area covered by the map or plat, excluding streets and public areas, to residential use only; and
(C)  all instruments creating the restrictions are recorded in the deed or real property records of a county.
Added by Acts 2005, 79th Leg., Ch. 1077 (H.B. 1631), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1125 (H.B. 232), Sec. 1, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1242 (S.B. 1853), Sec. 1, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 213, eff. September 1, 2023.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 211 - Amendment and Enforcement of Restrictions in Certain Subdivisions › Section 211.002. Applicability of Chapter

Sec. 211.002.  APPLICABILITY OF CHAPTER.  (a)  This chapter applies only to a residential real estate subdivision or any unit or parcel of a subdivision:
(1)  all or part of which is located within an unincorporated area of a county if the county has a population of less than 65,000;
(2)  all of which is located within the extraterritorial jurisdiction of a municipality located in a county that has a population of at least 65,000 and less than 135,000;
(3)  all of which is located within the extraterritorial jurisdiction of a municipality located in a county that borders Lake Buchanan and has a population of at least 21,000 and less than 22,000; or
(4)  all or part of which is located within a county that borders Lake Livingston and has a population of less than 55,000.
(b)  This chapter applies only to restrictions that affect real property within a residential real estate subdivision or any units or parcels of the subdivision and that, by the express terms of the instrument creating the restrictions:
(1)  are not subject to a procedure by which the restrictions may be amended;
(2)  may not be amended without the unanimous consent of:
(A)  all property owners in the subdivision; or
(B)  all property owners in any unit or parcel of the subdivision; or
(3)  may not be amended without a written instrument that is:
(A)  signed by a majority or more than a majority of the owners of the lots in the subdivision; and
(B)  filed in the real property records of each county in which all or part of the subdivision is located.
(c)  This chapter applies to a restriction regardless of the date on which it was created.
(d)  An amendment of a restriction under this chapter is effective on the filing of an instrument reflecting the amendment in the real property records of each county in which all or part of the subdivision is located after the approval of the owners in accordance with the amendment procedure adopted under Section 211.004.
Added by Acts 2005, 79th Leg., Ch. 1077 (H.B. 1631), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1125 (H.B. 232), Sec. 2, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1242 (S.B. 1853), Sec. 2, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 901 (S.B. 1852), Sec. 1, eff. June 18, 2015.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 214, eff. September 1, 2023.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 211 - Amendment and Enforcement of Restrictions in Certain Subdivisions › Section 211.003. Findings and Purpose

Sec. 211.003.  FINDINGS AND PURPOSE.  (a)  The legislature finds that:
(1)  owners of land in certain real estate subdivisions are unable to govern the subdivisions by democratic principles of self-government;
(2)  requiring unanimous consent to amend or modify restrictions in affected subdivisions or units or parcels of the subdivisions is impractical and unworkable to bring needed change and improvement;
(3)  the inability of owners to amend or modify property restrictions in certain real estate subdivisions in which no zoning regulations apply creates uncertainty in living conditions and discourages investments in those subdivisions;
(4)  owners of land in affected subdivisions are reluctant or unable to provide proper maintenance, upkeep, and repairs of structures because of the inability to amend or modify the restrictions in response to changing circumstances;
(5)  financial institutions are reluctant to or will not lend money for investments, maintenance, upkeep, or repairs in affected subdivisions;
(6)  these conditions will cause dilapidation of housing and other structures and cause unhealthful and unsanitary conditions in affected subdivisions, contrary to the health, safety, and welfare of the public; and
(7)  the existence of race-related covenants in restrictions, regardless of their unenforceability, is offensive, repugnant, and harmful to members of racial or ethnic minority groups and public policy requires that those covenants be removed.
(b)  The purpose of this chapter is to provide a procedure for creating, modifying, or adding to residential restrictions and to provide for the removal of any restriction or other provision relating to race, religion, or national origin that is void and unenforceable under either the United States Constitution or Section 5.026.
Added by Acts 2005, 79th Leg., Ch. 1077 (H.B. 1631), Sec. 1, eff. September 1, 2005.