reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 206 - Extension of Restrictions Imposing Regular Assessments in Certain Subdivisions › Section 206.004. Method of Voting

Sec. 206.004.  METHOD OF VOTING.  (a)  An extension of a restriction that imposes a regular assessment must be voted on:
(1)  by a written ballot that states the substance of the amendment extending the restriction and specifies the date by which the community association must receive a ballot for the ballot to be counted;  or
(2)  at a meeting of the property owners in the subdivision.
(b)  The community association shall provide for mailing to each owner, as applicable:
(1)  the ballot under Subsection (a)(1);  or
(2)  notice of the meeting under Subsection (a)(2) that states the purpose of the meeting.
(c)  In conjunction with a vote by ballot or at a meeting under Subsection (a), the community association may provide for circulation of a petition in the subdivision.
(d)  The vote of multiple owners of a property may be reflected by the signature or vote of one of the owners.
(e)  The community association shall record a copy of the ballot or petition in the real property records in the county in which the subdivision is located prior to submission of the extension to a vote of the owners.
Added by Acts 1997, 75th Leg., ch. 1249, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 207 - Disclosure of Information by Property Owners' Associations › Section 207.001. Definitions

Sec. 207.001.  DEFINITIONS.  In this chapter:
(1)  "Restrictions" has the meaning assigned by Section 201.003.
(2)  "Dedicatory instrument," "property owners' association," and "restrictive covenant" have the meanings assigned by Section 209.002.
(2-a)  "Management company" has the meaning assigned by Section 209.002.
(3)  "Owner" means a person who owns record title to property in a subdivision or the personal representative of an individual who owns record title to property in a subdivision.
(4)  "Regular assessment" and "special assessment" have the meanings assigned by Section 204.001.
(5)  "Resale certificate" means a written statement issued, signed, and dated by an officer or authorized agent of a property owners' association that contains the information specified by Section 207.003(b).
(6)  "Subdivision" means all land that has been divided into two or more parts and that is or was burdened by restrictions limiting at least the majority of the land area burdened by restrictions, excluding streets and public areas, to residential use only, if the instrument or instruments creating the restrictions are recorded in the deed or real property records of a county.
Added by Acts 1999, 76th Leg., ch. 1198, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 2, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 207 - Disclosure of Information by Property Owners' Associations › Section 207.002. Applicability

Sec. 207.002.  APPLICABILITY.  (a)  This chapter applies to a subdivision with a property owners' association that is entitled to levy regular or special assessments.
(b)  This chapter does not apply to a condominium council of owners governed by Chapter 81 or a condominium unit owners' association governed by Chapter 82.
Added by Acts 1999, 76th Leg., ch. 1198, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 207 - Disclosure of Information by Property Owners' Associations › Section 207.004. Owner's Remedies for Failure by Property Owners' Association to Timely Deliver Information

Sec. 207.004.  OWNER'S REMEDIES FOR FAILURE BY PROPERTY OWNERS' ASSOCIATION TO TIMELY DELIVER INFORMATION.  (a)  If a property owners' association does not timely deliver information in accordance with Section 207.003, the owner, owner's agent, or title insurance company or its agent acting on behalf of the owner may submit a second request for the information.
(b)  If a property owners' association fails to deliver the information required under Section 207.003 before the fifth business day after the second request for the information was mailed by certified mail, return receipt requested, or hand delivered, evidenced by receipt, the owner:
(1)  may seek one or any combination of the following:
(A)  a court order directing the property owners' association to furnish the required information;
(B)  a judgment against the property owners' association for not more than $5,000;
(C)  a judgment against the property owners' association for court costs and reasonable attorney's fees; or
(D)  a judgment authorizing the owner or the owner's assignee to deduct the amounts awarded under Paragraphs (B) and (C) from any future regular or special assessments payable to the property owners' association; and
(2)  may provide a buyer under contract to purchase the owner's property an affidavit that states that the owner, owner's agent, or title insurance company or its agent acting on behalf of the owner made, in accordance with this chapter, two written requests to the property owners' association for the information described in Section 207.003 and that the association did not timely provide the information.
(c)  If the owner provides a buyer under contract to purchase the owner's property an affidavit in accordance with Subsection (b)(2):
(1)  the buyer, lender, or title insurance company or its agent is not liable to the property owners' association for:
(A)  any money that is due and unpaid to the property owners' association on the date the affidavit was prepared;  and
(B)  any debt to the property owners' association or claim by the property owners' association that accrued before the date the affidavit was prepared;  and
(2)  the property owners' association's lien to secure the amounts due the property owners' association on the owner's property on the date the affidavit was prepared shall automatically terminate.
Added by Acts 1999, 76th Leg., ch. 1198, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 7, eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 207 - Disclosure of Information by Property Owners' Associations › Section 207.005. Effect of Resale Certificate; Liability

Sec. 207.005.  EFFECT OF RESALE CERTIFICATE;  LIABILITY.  (a)  A property owners' association may not deny the validity of any statement in the resale certificate.  The property owners' association's lien to secure undisclosed amounts due the property owners' association on the date the resale certificate is prepared shall automatically terminate as a lien securing the undisclosed amount.  A buyer, buyer's agent, owner, owner's agent, lender, and title insurance company and its agent are not liable for any debt or claim existing on the preparation date of the resale certificate that is not disclosed in the resale certificate.
(b)  A resale certificate does not affect:
(1)  the right of a property owners' association to recover debts or claims that arise or become due after the date the resale certificate is prepared;  or
(2)  a lien on a property securing payment of future assessments held by the property owners' association.
(c)  The owner's agent and the title insurance company and its agent are not liable to a buyer for any delay or failure by the property owners' association in delivering the information required by Section 207.003.
(d)  Except as provided by Section 207.004, the property owners' association is not liable to an owner selling property in the subdivision for delay or failure to deliver the information required by Section 207.003.  An officer or agent of the property owners' association is not liable for a delay or failure to furnish a resale certificate.
Added by Acts 1999, 76th Leg., ch. 1198, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 207 - Disclosure of Information by Property Owners' Associations › Section 207.006. Online Subdivision Information Required

Sec. 207.006.  ONLINE SUBDIVISION INFORMATION REQUIRED.  (a)  This section applies only to:
(1)  the property owners' association of a subdivision composed of at least 60 lots; or
(2)  a property owners' association that has contracted with a management company.
(b)  A property owners' association to which this section applies shall make the current version of the association's dedicatory instruments relating to the association or subdivision and filed in the county deed records available on an Internet website:
(1)  maintained by the association or a management company on behalf of the association; and
(2)  available to association members.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1142 (H.B. 1821), Sec. 5, eff. January 1, 2012.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 8, eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 208 - Amendment and Termination of Restrictive Covenants in Historic Neighborhoods › Section 208.001. Definitions

Sec. 208.001.  DEFINITIONS.  In this chapter:
(1)  "Owner" and "real property records" have the meanings assigned by Section 201.003.
(2)  "Dedicatory instrument," "property owners' association," "petition," and "restrictive covenant" have the meanings assigned by Section 202.001.
(3)  "Regular assessment" and "special assessment" have the meanings assigned by Section 204.001.
(4)  "Apartment complex" has the meaning assigned by Section 204.002(c).
(5)  "Historic neighborhood" means:
(A)  an area incorporated as a separate municipality before 1900 and subsequently annexed into another municipality;
(B)  an area described by a municipal map or subdivision plat filed in real property records of the county in which the area is located before 1900;  or
(C)  an area designated as a historic district or similar designation by the municipality in which the area is located, the Texas Historical Commission, or the National Register of Historic Places.
Added by Acts 1999, 76th Leg., ch. 871, Sec. 2, eff. June 18, 1999.  Renumbered from Sec. 207.001 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(98), eff. Sept. 1, 2001.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 208 - Amendment and Termination of Restrictive Covenants in Historic Neighborhoods › Section 208.002. Applicability

Sec. 208.002.  APPLICABILITY.  (a)  This chapter applies only to a historic neighborhood that is located in whole or in part in a municipality with a population of 1.6 million or more located in a county with a population of 2.8 million or more.
(b)  This chapter applies to a restrictive covenant regardless of the date on which it was created.
(c)  This chapter applies to property in the area of a historic neighborhood that is zoned for or that contains a commercial structure, an industrial structure, an apartment complex, or a condominium development covered by Title 7 only if the owner of the property signed a restrictive covenant that includes the property in a common scheme for preservation of historic property as described by Section 208.004.
Added by Acts 1999, 76th Leg., ch. 871, Sec. 2, eff. June 18, 1999.  Renumbered from Sec. 207.002 and amended by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(98), 21,002(17), eff. Sept. 1, 2001.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 208 - Amendment and Termination of Restrictive Covenants in Historic Neighborhoods › Section 208.003. Historic Neighborhood Preservation Association

Sec. 208.003.  HISTORIC NEIGHBORHOOD PRESERVATION ASSOCIATION.  (a)  A historic neighborhood preservation association must:
(1)  be a Texas nonprofit corporation or limited liability company organized, in part, to encourage the preservation of property in a historic neighborhood;  and
(2)  open its membership to all owners of property in the historic neighborhood.
(b)  A historic neighborhood preservation association may be composed of only a portion of the owners of property in the historic neighborhood.
(c)  A historic neighborhood preservation association may be a property owners' association or an organization that is qualified as a charitable organization under Section 501(c)(3) of the Internal Revenue Code of 1986.
(d)  A statement in the articles of incorporation or association, bylaws, regulations, or operating agreement of the historic neighborhood preservation association is prima facie evidence of compliance with Subsection (a).
Added by Acts 1999, 76th Leg., ch. 871, Sec. 2, eff. June 18, 1999.  Renumbered from Sec. 207.003 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(98), eff. Sept. 1, 2001.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 208 - Amendment and Termination of Restrictive Covenants in Historic Neighborhoods › Section 208.006. Method of Voting

Sec. 208.006.  METHOD OF VOTING.  (a)  An amendment or termination of a restrictive covenant must be voted on:
(1)  by a written ballot that states the substance of the amendment or termination of the restrictive covenant and specifies the date by which the historic neighborhood preservation association must receive a ballot for the ballot to be counted;
(2)  at a meeting of the historic neighborhood preservation association;
(3)  by circulation of a petition by the historic neighborhood preservation association or a person authorized by the historic neighborhood preservation association;  or
(4)  by any combination of methods described by this subsection.
(b)  If the vote occurs at a meeting of the historic neighborhood preservation association under Subsection (a)(2), the historic neighborhood preservation association shall:
(1)  before the meeting, deliver written notice of the meeting stating the purpose of the meeting to each owner of property subject to the common scheme for preservation of historic property;  and
(2)  provide each owner of property subject to the common scheme for preservation with the opportunity to appear and vote at the meeting.
(c)  The historic neighborhood preservation association shall provide for the mailing to each owner, as applicable:
(1)  the ballot under Subsection (a)(1);
(2)  notice of the meeting under Subsection (a)(2);  or
(3)  the petition under Subsection (a)(3).
(d)  The vote of multiple owners of a property may be reflected by signature or vote of one of the owners.
(e)  The historic neighborhood preservation association shall record a copy of the ballot or petition, as applicable, in the real property records of the county in which the historic neighborhood is located before the vote of the owners.
Added by Acts 1999, 76th Leg., ch. 871, Sec. 2, eff. June 18, 1999.  Renumbered from Sec. 207.006 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(98), eff. Sept. 1, 2001.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 208 - Amendment and Termination of Restrictive Covenants in Historic Neighborhoods › Section 208.007. Regular and Special Assessments

Sec. 208.007.  REGULAR AND SPECIAL ASSESSMENTS.  The procedure established by this chapter for the amendment of restrictive covenants may not be used to establish a regular or special assessment.
Added by Acts 1999, 76th Leg., ch. 871, Sec. 2, eff. June 18, 1999.  Renumbered from Sec. 207.007 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(98), eff. Sept. 1, 2001.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 208 - Amendment and Termination of Restrictive Covenants in Historic Neighborhoods › Section 208.008. Building Lines

Sec. 208.008.  BUILDING LINES.  The procedure established by this chapter for the amendment of restrictive covenants may not be used to modify a building line established by a restrictive covenant, municipal map, or subdivision plat.
Added by Acts 1999, 76th Leg., ch. 871, Sec. 2, eff. June 18, 1999.  Renumbered from Sec. 207.008 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(98), eff. Sept. 1, 2001.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 208 - Amendment and Termination of Restrictive Covenants in Historic Neighborhoods › Section 208.009. Defense to Enforcement of Restrictive Covenant

Sec. 208.009.  DEFENSE TO ENFORCEMENT OF RESTRICTIVE COVENANT.  An owner may not assert as a defense to the enforcement of a restrictive covenant that is part of a common scheme for preservation of historic property that the owner or a predecessor in title signed a blank signature page or similar procedural defect if the signature page was attached to a dedicatory instrument adopted by a historic neighborhood preservation association and:
(1)  the dedicatory instrument has been recorded for more than two years;  or
(2)  the restrictive covenant is referenced in the owner's title insurance policy obtained by the owner when the property was purchased.
Added by Acts 1999, 76th Leg., ch. 871, Sec. 2, eff. June 18, 1999.  Renumbered from Sec. 207.009 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(98), eff. Sept. 1, 2001.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 209 - Texas Residential Property Owners Protection Act › Section 209.001. Short Title

Sec. 209.001.  SHORT TITLE.  This chapter may be cited as the Texas Residential Property Owners Protection Act.
Added by Acts 2001, 77th Leg., ch. 926, Sec. 1, eff. Jan. 1, 2002.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 209 - Texas Residential Property Owners Protection Act › Section 209.003. Applicability of Chapter

Sec. 209.003.  APPLICABILITY OF CHAPTER.  (a)  This chapter applies only to a residential subdivision that is subject to restrictions or provisions in a declaration that authorize the property owners' association to collect regular or special assessments on all or a majority of the property in the subdivision.
(b)  Except as otherwise provided by this chapter, this chapter applies only to a property owners' association that requires mandatory membership in the association for all or a majority of the owners of residential property within the subdivision subject to the association's dedicatory instruments.
(c)  This chapter applies to a residential property owners' association regardless of whether the entity is designated as a "homeowners' association," "community association," or similar designation in the restrictions or dedicatory instrument.
(d)  This chapter does not apply to a condominium as defined by Section 81.002 or 82.003.
(e)  The following provisions of this chapter do not apply to a property owners' association that is a mixed-use master association that existed before January 1, 1974, and that does not have the authority under a dedicatory instrument or other governing document to impose fines:
(1)  Section 209.005(c);
(2)  Section 209.0056;
(3)  Section 209.0057;
(4)  Section 209.0058;
(5)  Section 209.00592; and
(6)  Section 209.0062.
Added by Acts 2001, 77th Leg., ch. 926, Sec. 1, eff. Jan. 1, 2002.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1367 (H.B. 3674), Sec. 7, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1026 (H.B. 2761), Sec. 1, eff. January 1, 2012.
Acts 2011, 82nd Leg., R.S., Ch. 1142 (H.B. 1821), Sec. 6, eff. January 1, 2012.
Acts 2011, 82nd Leg., R.S., Ch. 1217 (S.B. 472), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1282 (H.B. 1228), Sec. 1, eff. January 1, 2012.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 17.002(a), eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 17.002(b), eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 5, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 209 - Texas Residential Property Owners Protection Act › Section 209.0041. Adoption or Amendment of Certain Dedicatory Instruments

Sec. 209.0041.  ADOPTION OR AMENDMENT OF CERTAIN DEDICATORY INSTRUMENTS.
(a)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1183 , Sec. 24, eff. September 1, 2015.
(b)  This section applies to a residential subdivision in which property owners are subject to mandatory membership in a property owners' association.
(c)  This section does not apply to a property owners' association that is subject to Chapter 552, Government Code, by application of Section 552.0036, Government Code.
(d)  This section does not apply to the amendment of a declaration during a development period.
(d-1)  This section does not apply to an amendment of a declaration if the amendment would affect a portion of a subdivision that is zoned for or that contains, or previously contained as specifically allowed under the declaration, a commercial structure, an industrial structure, an apartment complex, or a condominium as defined by Section 81.002 or 82.003.  For purposes of this subsection, "apartment complex" means two or more dwellings in one or more buildings that are owned by the same owner, located on the same lot or tract, and managed by the same owner, agent, or management company.
(e)  This section applies to a dedicatory instrument regardless of the date on which the dedicatory instrument was created.
(f)  This section supersedes any contrary requirement in a dedicatory instrument.
(g)  To the extent of any conflict with another provision of this title, this section prevails.
(h)  Except as provided by Subsection (h-1) or (h-2), a declaration may be amended only by a vote of 67 percent of the total votes allocated to property owners entitled to vote on the amendment of the declaration, in addition to any governmental approval required by law.
(h-1)  If the declaration contains a lower percentage than prescribed by Subsection (h), the percentage in the declaration controls.
(h-2)  If the declaration is silent as to voting rights for an amendment, the declaration may be amended by a vote of owners owning 67 percent of the lots subject to the declaration.
(i)  A bylaw may not be amended to conflict with the declaration.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1217 (S.B. 472), Sec. 2, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 6, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 24, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 666 (H.B. 1659), Sec. 1, eff. June 15, 2021.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 209 - Texas Residential Property Owners Protection Act › Section 209.0042. Methods of Providing Notices to Owners

Sec. 209.0042.  METHODS OF PROVIDING NOTICES TO OWNERS.  (a)  Subject to this section, a property owners' association may adopt a method that may be used by the association to provide a notice from the association to a property owner.
(b)  A property owners' association may use an alternative method of providing notice adopted under this section to provide a notice for which another method is prescribed by law only if the property owner to whom the notice is provided has affirmatively opted to allow the association to use the alternative method of providing notice to provide to the owner notices for which another method is prescribed by law.
(c)  A property owners' association may not require an owner to allow the association to use an alternative method of providing notice adopted under this section to provide to the owner any notice for which another method of providing notice is prescribed by law.
Added by Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 7, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 209 - Texas Residential Property Owners Protection Act › Section 209.00505. Architectural Review Authority

Sec. 209.00505.  ARCHITECTURAL REVIEW AUTHORITY.  (a)  In this section, "architectural review authority" means the governing authority for the review and approval of improvements within a subdivision.
(b)  This section:
(1)  applies only to a property owners' association that consists of more than 40 lots; and
(2)  does not apply during a development period or during any period in which the declarant:
(A)  appoints at least a majority of the members of the architectural review authority or otherwise controls the appointment of the architectural review authority; or
(B)  has the right to veto or modify a decision of the architectural review authority.
(c)  A person may not be appointed or elected to serve on an architectural review authority if the person is:
(1)  a current board member;
(2)  a current board member's spouse; or
(3)  a person residing in a current board member's household.
(d)  A decision by the architectural review authority denying an application or request by an owner for the construction of improvements in the subdivision may be appealed to the board.  A written notice of the denial must be provided to the owner by certified mail, hand delivery, or electronic delivery.  The notice must:
(1)  describe the basis for the denial in reasonable detail and changes, if any, to the application or improvements required as a condition to approval; and
(2)  inform the owner that the owner may request a hearing under Subsection (e) on or before the 30th day after the date the notice was mailed to the owner.
(e)  The board 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.  Only one hearing is required under this subsection.
(f)  During a hearing, the board or the designated representative of the property owners' association and the owner or the owner's designated representative will each be provided the opportunity to discuss, verify facts, and resolve the denial of the owner's application or request for the construction of improvements, and the changes, if any, requested by the architectural review authority in the notice provided to the owner under Subsection (d).
(g)  The board or the owner may request a postponement.  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.
(h)  The property owners' association or the owner may make an audio recording of the meeting.
(i)  The board may affirm, modify, or reverse, in whole or in part, any decision of the architectural review authority as consistent with the subdivision's declaration.
Added by Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 11, eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 209 - Texas Residential Property Owners Protection Act › Section 209.0052. Association Contracts

Sec. 209.0052.  ASSOCIATION CONTRACTS.  (a)  This section does not apply to a contract entered into by an association during the development period.
(b)  An association may enter into an enforceable contract with a current association board member, a person related to a current association board member within the third degree by consanguinity or affinity, as determined under Chapter 573, Government Code, a company in which a current association board member has a financial interest in at least 51 percent of profits, or a company in which a person related to a current association board member within the third degree by consanguinity or affinity, as determined under Chapter 573, Government Code, has a financial interest in at least 51 percent of profits only if the following conditions are satisfied:
(1)  the board member, relative, or company bids on the proposed contract and the association has received at least two other bids for the contract from persons not associated with the board member, relative, or company, if reasonably available in the community;
(2)  the board member:
(A)  is not given access to the other bids;
(B)  does not participate in any board discussion regarding the contract; and
(C)  does not vote on the award of the contract;
(3)  the material facts regarding the relationship or interest with respect to the proposed contract are disclosed to or known by the association board and the board, in good faith and with ordinary care, authorizes the contract by an affirmative vote of the majority of the board members who do not have an interest governed by this subsection; and
(4)  the association board certifies that the other requirements of this subsection have been satisfied by a resolution approved by an affirmative vote of the majority of the board members who do not have an interest governed by this subsection.
(c)  In addition to the other applicable requirements of this section, an association that proposes to contract for services that will cost more than $50,000 shall solicit bids or proposals using a bid process established by the association.
Added by Acts 2013, 83rd Leg., R.S., Ch. 863 (H.B. 503), Sec. 2, eff. September 1, 2013.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 13, eff. September 1, 2021.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 209 - Texas Residential Property Owners Protection Act › Section 209.0055. Voting

Sec. 209.0055.  VOTING.  (a)  This section applies only to a property owners' association that:
(1)  provides maintenance, preservation, and architectural control of residential and commercial property within a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more; and
(2)  is a corporation that:
(A)  is governed by a board of trustees who may employ a general manager to execute the association's bylaws and administer the business of the corporation;
(B)  does not require membership in the corporation by the owners of the property within the defined area; and
(C)  was incorporated before January 1, 2006.
(b)  A property owners' association described by Subsection (a) may not bar a property owner from voting in an association election solely based on the fact that:
(1)  there is a pending enforcement action against the property owner; or
(2)  the property owner owes the association any delinquent assessments, fees, or fines.
Added by Acts 2007, 80th Leg., R.S., Ch. 1367 (H.B. 3674), Sec. 8, eff. September 1, 2007.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 209 - Texas Residential Property Owners Protection Act › Section 209.0056. Notice of Election or Association Vote

Sec. 209.0056.  NOTICE OF ELECTION OR ASSOCIATION VOTE.  (a)  For an election or vote taken at a meeting of the owners, not later than the 10th day or earlier than the 60th day before the date of the election or vote, a property owners' association shall give written notice of the election or vote to:
(1)  each owner of property in the property owners' association, for purposes of an association-wide election or vote; or
(2)  each owner of property in the property owners' association entitled under the dedicatory instruments to vote in a particular representative election, for purposes of a vote that involves election of representatives of the association who are vested under the dedicatory instruments of the property owners' association with the authority to elect or appoint board members of the property owners' association.
(a-1)  For an election or vote of owners not taken at a meeting, the property owners' association shall give notice of the election or vote to all owners entitled to vote on any matter under consideration.  The notice shall be given not later than the 20th day before the latest date on which a ballot may be submitted to be counted.
(b)  This section supersedes any contrary requirement in a dedicatory instrument.
(c)  This section does not apply to a property owners' association that is subject to Chapter 552, Government Code, by application of Section 552.0036, Government Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1026 (H.B. 2761), Sec. 3, eff. January 1, 2012.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 9, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 209 - Texas Residential Property Owners Protection Act › Section 209.0058. Ballots

Sec. 209.0058.  BALLOTS.
Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 249 (S.B. 864), Sec. 1
(a)  Except as provided by Subsection (d), any vote cast in an election or vote by a member of a property owners' association must be in writing and signed by the member.
Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 11
(a)  Except as provided by Subsection (d), a vote cast by a member of a property owners' association must be in writing and signed by the member if the vote is cast:
(1)  outside of a meeting;
(2)  in an election to fill a position on the board;
(3)  on a proposed adoption or amendment of a dedicatory instrument;
(4)  on a proposed increase in the amount of a regular assessment or the proposed adoption of a special assessment; or
(5)  on the proposed removal of a board member.
(a-1)  If a property owners' association elects to use a ballot for a vote on a matter other than a matter described by Subsection (a), the ballot must be:
(1)  in writing and signed by the member; or
(2)  cast by secret ballot in accordance with Subsection (d).
(b)  Electronic votes cast under Section 209.00592 constitute written and signed ballots.
(c)  In a property owners' association election, written and signed ballots are not required for uncontested races.
Text of subsection as added by Acts 2015, 84th Leg., R.S., Ch. 249 (S.B. 864), Sec. 1
(d)  A property owners' association may adopt rules to allow voting by secret ballot by members of the association.  The association must take measures to reasonably ensure that:
(1)  a member cannot cast more votes than the member is eligible to cast in an election or vote; and
(2)  the association counts every vote cast by a member that is eligible to cast a vote.
Text of subsection as added by Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 11
(d)  A property owners' association may adopt rules to allow voting by secret ballot by association members.  The association must take measures to reasonably ensure that:
(1)  a member cannot cast more votes than the member is eligible to cast in an election or vote;
(2)  the association counts each vote cast by a member that the member is eligible to cast; and
(3)  in any election for the board, each candidate may name one person to observe the counting of the ballots, provided that this does not entitle any observer to see the name of the person who cast any ballot, and that any disruptive observer may be removed.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1026 (H.B. 2761), Sec. 3, eff. January 1, 2012.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 249 (S.B. 864), Sec. 1, eff. May 29, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 11, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 209 - Texas Residential Property Owners Protection Act › Section 209.0059. Right to Vote

Sec. 209.0059.  RIGHT TO VOTE.  (a)  A provision in a dedicatory instrument that would disqualify a property owner from voting in a property owners' association election of board members or on any matter concerning the rights or responsibilities of the owner is void.
(b)  This section does not apply to a property owners' association that is subject to Chapter 552, Government Code, by application of Section 552.0036, Government Code.
(c)  In a residential development with 10 or fewer lots for which the declaration was recorded before January 1, 2015, a person may not vote in a property owners' association election unless the person is subject to a dedicatory instrument governing the association through which the association exercises its authority.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1026 (H.B. 2761), Sec. 3, eff. January 1, 2012.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 12, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 209 - Texas Residential Property Owners Protection Act › Section 209.00593. Election of Board Members

Sec. 209.00593.  ELECTION OF BOARD MEMBERS.  (a)  Notwithstanding any provision in a dedicatory instrument, any board member whose term has expired must be elected by owners who are members of the property owners' association.  A board member may be appointed by the board to fill a vacancy on the board.  A board member appointed to fill a vacant position shall serve for the remainder of the unexpired term of the position.
(a-1)  At least 10 days before the date a property owners' association composed of more than 100 lots disseminates absentee ballots or other ballots to association members for purposes of voting in a board member election, the association must provide notice to the association members soliciting candidates interested in running for a position on the board.  The notice must contain instructions for an eligible candidate to notify the association of the candidate's request to be placed on the ballot and the deadline to submit the candidate's request.  The deadline may not be earlier than the 10th day after the date the association provides the notice required by this subsection.
(a-2)  The notice required by Subsection (a-1) must be:
(1)  mailed to each owner; or
(2)  provided by:
(A)  posting the notice in a conspicuous manner reasonably designed to provide notice to association members:
(i)  in a place located on the association's common property or, with the property owner's consent, on other conspicuously located privately owned property within the subdivision; or
(ii)  on any Internet website maintained by the association or other Internet media; and
(B)  sending the notice by e-mail to each owner who has registered an e-mail address with the association.
(a-3)  An association described by Subsection (a-1) shall include on each absentee ballot or other ballot for a board member election the name of each eligible candidate from whom the association received a request to be placed on the ballot in accordance with this section.
(b)  The board of a property owners' association may amend the bylaws of the property owners' association to provide for elections to be held as required by Subsection (a).
(c)  The appointment of a board member in violation of this section is void.
(d)  This section does not apply to the appointment of a board member during a development period.
(e)  This section does not apply to a representative board whose members or delegates are elected or appointed by representatives of a property owners' association who are elected by owner members of a property owners' association.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1026 (H.B. 2761), Sec. 3, eff. January 1, 2012.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1062 (H.B. 3176), Sec. 1, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 209 - Texas Residential Property Owners Protection Act › Section 209.00594. Tabulation of and Access to Ballots

Sec. 209.00594.  TABULATION OF AND ACCESS TO BALLOTS.  (a)  Notwithstanding any other provision of this chapter or any other law, a person who is a candidate in a property owners' association election or who is otherwise the subject of an association vote, or a person related to that person within the third degree by consanguinity or affinity, as determined under Chapter 573, Government Code, may not tabulate or otherwise be given access to the ballots cast in that election or vote except as provided by this section.
(b)  A person other than a person described by Subsection (a) may tabulate votes in an association election or vote.
(b-1)  A person who tabulates votes under Subsection (b) or who performs a recount under Section 209.0057(c) may not disclose to any other person how an individual voted.
(c)  Notwithstanding any other provision of this chapter or any other law, only a person who tabulates votes under Subsection (b) or who performs a recount under Section 209.0057(c) may be given access to the ballots cast in the election or vote.
(d)  This section may not be construed to affect a person's obligation to comply with a court order for the release of ballots or other voting records.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1217 (S.B. 472), Sec. 3, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 16, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 209 - Texas Residential Property Owners Protection Act › Section 209.0061. Association Policy; Fines

Sec. 209.0061.  ASSOCIATION POLICY; FINES.  (a)  This section does not apply to a property owners' association that is not authorized by the association's dedicatory instrument to levy a fine.
(b)  A property owners' association board shall adopt an enforcement policy regarding the levying of fines by the property owners' association.  The policy must include:
(1)  general categories of restrictive covenants for which the association may assess fines;
(2)  a schedule of fines for each category of violation; and
(3)  information regarding hearings described by Section 209.007.
(c)  The enforcement policy adopted pursuant to Subsection (b) may reserve the board's authority to levy a fine from the schedule of fines that varies on a case-by-case basis.
(d)  Each property owners' association shall:
(1)  provide a copy of the policy to an owner of each property in the subdivision by:
(A)  posting the policy on an Internet website maintained by the property owners' association or an agent acting on behalf of the association and accessible to members of the association; or
(B)  annually sending a copy of the policy, separately or included in routine communication from the property owners' association to property owners, by:
(i)  hand delivery to the owner;
(ii)  first class mail to the owner's last known mailing address; or
(iii)  e-mail to an e-mail address provided to the property owners' association by the owner; and
(2)  make the policy available on any publicly accessible Internet website maintained by the property owners' association or an agent acting on behalf of the association.
Added by Acts 2023, 88th Leg., R.S., Ch. 666 (H.B. 614), Sec. 1, eff. January 1, 2024.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 209 - Texas Residential Property Owners Protection Act › Section 209.0062. Alternative Payment Schedule for Certain Assessments

Sec. 209.0062.  ALTERNATIVE PAYMENT SCHEDULE FOR CERTAIN ASSESSMENTS.  (a)  A property owners' association composed of more than 14 lots shall adopt reasonable guidelines to establish an alternative payment schedule by which an owner may make partial payments to the property owners' association for delinquent regular or special assessments or any other amount owed to the association without accruing additional monetary penalties.  For purposes of this section, monetary penalties do not include reasonable costs associated with administering the payment plan or interest.
(b)  The minimum term for a payment plan offered by a property owners' association is three months.
(c)  A property owners' association is not required to allow a payment plan for any amount that extends more than 18 months from the date of the owner's request for a payment plan.  The association is not required to enter into a payment plan with an owner who failed to honor the terms of a previous payment plan during the two years following the owner's default under the previous payment plan.  The association is not required to make a payment plan available to an owner after the period for cure described by Section 209.0064(b)(3) expires.  The association is not required to allow an owner to enter into a payment plan more than once in any 12-month period.
(d)  A property owners' association shall file the association's guidelines under this section in the real property records of each county in which the subdivision is located.
(e)  A property owners' association's failure to file as required by this section the association's guidelines in the real property records of each county in which the subdivision is located does not prohibit a property owner from receiving an alternative payment schedule by which the owner may make partial payments to the property owners' association for delinquent regular or special assessments or any other amount owed to the association without accruing additional monetary penalties, as defined by Subsection (a).
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. 18, eff. September 1, 2015.