reglab/statecodes huggingface dataset:
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 211 - Amendment and Enforcement of Restrictions in Certain Subdivisions › Section 211.004. Creation or Modification of Procedure to Amend Restrictions

Sec. 211.004.  CREATION OR MODIFICATION OF PROCEDURE TO AMEND RESTRICTIONS.  (a)  A property owners' association by a two-thirds vote of the association's governing body may submit a procedure for amending restrictions to a vote of the property owners in the subdivision or in the unit or parcel of the subdivision governed by restrictions.
(b)  An amendment procedure submitted to a vote under Subsection (a) binds all property owners in the subdivision or the unit or parcel of the subdivision to which the procedure applies if more than two-thirds of the voting property owners vote in favor of the procedure.
(c)  Not later than the 30th day before the date a ballot for a vote under this section must be received to be counted, the property owners' association shall mail to each affected property owner a notice that includes:
(1)  the exact wording of the amendment procedure; and
(2)  the date by which a property owner's ballot must be received to be counted.
(d)  The property owners' association shall pay all costs of:
(1)  printing and mailing the required notices and ballots; and
(2)  canvassing, tabulating, and certifying the vote.
(e)  A property owner may not cast more than one vote, regardless of the number of lots the person owns.  If more than one person owns an interest in a lot, the owners may cast only one vote for that lot.  A person may not vote if the person has an interest in a lot only by virtue of being a lienholder.
(f)  A ballot cast under this section is secret and may not be counted unless it is placed inside an unmarked envelope that is placed inside another envelope that bears the signature and printed name of the property owner casting the enclosed ballot.
(g)  The presiding officer of the property owners' association shall appoint an election canvassing committee and a committee chairperson to canvass and count the votes and determine the outcome.
(h)  If the amendment procedure receives the number of votes required under Subsection (b), the election canvassing committee chairperson shall certify the result to the presiding officer of the property owners' association.  The presiding officer shall file in the real property records of each county in which all or part of the subdivision is located an instrument that indicates that the procedure was adopted.
(i)  If the amendment procedure is not adopted, the property owners' association may not submit the same amendment procedure to a vote under this section on or before the first anniversary of the date the previous votes on the procedure were certified.
Added by Acts 2005, 79th Leg., Ch. 1077 (H.B. 1631), 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 211.005. Effect of Adopting Amendment Procedure

Sec. 211.005.  EFFECT OF ADOPTING AMENDMENT PROCEDURE.  After the effective date of the adoption of the amendment procedure under this chapter, any proposed amendment to the restrictions described by Section 211.002(b) applicable to the subdivision or unit or parcel of the subdivision, as applicable, must be submitted for approval to the owners under the amendment procedure.
Added by Acts 2005, 79th Leg., Ch. 1077 (H.B. 1631), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 212 - Extension of Restrictions by Majority Vote in Certain Subdivisions › Section 212.001. Definitions

Sec. 212.001.  DEFINITIONS.  In this chapter, "lienholder," "owner," "restrictions," and "residential real estate subdivision" or "subdivision" have the meanings assigned by Section 201.003.
Added by Acts 2011, 82nd Leg., R.S., Ch. 954 (H.B. 1071), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 212 - Extension of Restrictions by Majority Vote in Certain Subdivisions › Section 212.002. Applicability of Chapter

Sec. 212.002.  APPLICABILITY OF CHAPTER.  This chapter applies only to a residential real estate subdivision that:
(1)  is located wholly or partly in a municipality with a population of more than two million located in a county with a population of 3.3 million or more; and
(2)  is subject to restrictions the terms of which:
(A)  provide that the restrictions expire;
(B)  permit the restrictions to be extended after the initial restriction period expires if a majority of the owners of lots in the subdivision, by a written instrument that is acknowledged and filed for record, signify consent to the extension of the restrictions for a further period the maximum length of which is specified by the restrictions; and
(C)  do not expressly provide for or expressly prohibit successive extensions of the restrictions after the expiration of the initial extension period.
Added by Acts 2011, 82nd Leg., R.S., Ch. 954 (H.B. 1071), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 212 - Extension of Restrictions by Majority Vote in Certain Subdivisions › Section 212.003. Procedure for Successive Extensions

Sec. 212.003.  PROCEDURE FOR SUCCESSIVE EXTENSIONS.  (a)  Restrictions may be extended under this chapter by the written consent of the owners of a majority of the lots in the subdivision, without respect to the number of lots owned by a particular owner.
(b)  Consent for the purposes of this section may be reflected by an owner's signature on a petition or written ballot.
(c)  Petitions, written ballots, or both may be distributed to the owners of lots in the subdivision by any method, including one or both of the following methods:
(1)  by door-to-door circulation; or
(2)  at a meeting of the owners of lots in the subdivision called for the purpose of voting on the proposed extension.
(d)  The required signatures must be obtained during the same extension period.  The petitions, written ballots, or both, as applicable, must be filed for record in the county in which the subdivision is located before the earlier of:
(1)  the first anniversary of the date on which the first signature is obtained; or
(2)  the expiration of the extension period during which the signatures are collected.
(e)  Restrictions may be extended under this chapter only once during each unexpired extension period.
Added by Acts 2011, 82nd Leg., R.S., Ch. 954 (H.B. 1071), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 212 - Extension of Restrictions by Majority Vote in Certain Subdivisions › Section 212.004. Effect of Owner Signature

Sec. 212.004.  EFFECT OF OWNER SIGNATURE.  (a)  The vote of multiple owners of a lot may be reflected by the signature of one of the owners.
(b)  After an owner signs a petition or ballot under Section 212.003 or 212.007, the owner's subsequent conveyance of the owner's interest in a lot or unplatted real property in the subdivision does not affect the validity of the signature for the purposes of that section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 954 (H.B. 1071), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 212 - Extension of Restrictions by Majority Vote in Certain Subdivisions › Section 212.005. Property Owners' Association Not Required

Sec. 212.005.  PROPERTY OWNERS' ASSOCIATION NOT REQUIRED.  Restrictions may be extended under this chapter without the creation of or action by a property owners' association, homeowners association, community association, civic club, or similar organization.
Added by Acts 2011, 82nd Leg., R.S., Ch. 954 (H.B. 1071), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 212 - Extension of Restrictions by Majority Vote in Certain Subdivisions › Section 212.006. Effective Date of Extension; Length of Extension Period

Sec. 212.006.  EFFECTIVE DATE OF EXTENSION; LENGTH OF EXTENSION PERIOD.  (a)  An extension of restrictions under this chapter takes effect on the date the petitions, written ballots, or both, as applicable, sufficient to reflect the consent required by Section 212.003 are filed and recorded in the real property records of the county in which the subdivision is located.
(b)  Subject to Section 212.007, an extension of restrictions under this chapter is for a period equal to the original term of the restrictions or a shorter period agreed to by the owners of a majority of the lots in the subdivision in the petitions, written ballots, or both, as applicable, signed under Section 212.003.
Added by Acts 2011, 82nd Leg., R.S., Ch. 954 (H.B. 1071), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 212 - Extension of Restrictions by Majority Vote in Certain Subdivisions › Section 212.007. Termination of Restrictions

Sec. 212.007.  TERMINATION OF RESTRICTIONS.  (a)  Restrictions extended under this chapter may be terminated before their expiration date if:
(1)  the consent of the owners of a majority of the lots in the subdivision to the termination of the restrictions on a specified date is obtained in the same manner as consent to the extension of restrictions is obtained under this chapter; and
(2)  the petitions, written ballots, or both, as applicable, sufficient to reflect the required consent to termination are filed for record in the real property records of the county in which the subdivision is located before the earlier of:
(A)  the first anniversary of the date on which the first signature consenting to termination is obtained; or
(B)  a date specified under Subsection (b)(2).
(b)  Petitions, written ballots, or both, as applicable, used to extend restrictions under this section may provide that:
(1)  the restrictions may be terminated only on one or more termination dates specified in the petitions, written ballots, or both, as applicable, used to extend the restrictions; or
(2)  the petitions, written ballots, or both, as applicable, sufficient to reflect the required consent to termination must be filed for record before a time specified in the petitions, written ballots, or both, as applicable.
Added by Acts 2011, 82nd Leg., R.S., Ch. 954 (H.B. 1071), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 212 - Extension of Restrictions by Majority Vote in Certain Subdivisions › Section 212.008. Applicability of Extended Restrictions

Sec. 212.008.  APPLICABILITY OF EXTENDED RESTRICTIONS.  (a)  An extension of restrictions under this chapter is binding on all lots and all unplatted real property in the subdivision, without regard to whether the owner or owners of any individual lot or unplatted real property signify consent to extend the restrictions.  Any statute authorizing a property owner to opt out of the applicability of restrictions to the owner's property does not apply to restrictions extended under this chapter.
(b)  An extension of restrictions under this chapter is binding on a lienholder or a person who acquires title to property at a foreclosure sale or by deed from a foreclosing lienholder.
Added by Acts 2011, 82nd Leg., R.S., Ch. 954 (H.B. 1071), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 212 - Extension of Restrictions by Majority Vote in Certain Subdivisions › Section 212.009. Unconstitutional Restrictions Not Extended

Sec. 212.009.  UNCONSTITUTIONAL RESTRICTIONS NOT EXTENDED.  If a provision in restrictions extended under this chapter is void and unenforceable under the United States Constitution, the restrictions are considered as if the void and unenforceable provision was never contained in the restrictions.
Added by Acts 2011, 82nd Leg., R.S., Ch. 954 (H.B. 1071), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 212 - Extension of Restrictions by Majority Vote in Certain Subdivisions › Section 212.010. Use of Original Extension Procedure; Procedures Cumulative

Sec. 212.010.  USE OF ORIGINAL EXTENSION PROCEDURE; PROCEDURES CUMULATIVE.  (a)  In addition to the procedure provided by this chapter for the extension of restrictions, the procedure provided by the original restrictions for the initial extension of the restrictions, including the requirement that a specified percentage of a specified class approve the extension, may be used for successive extensions of the original restrictions, provided that the approval obtained includes the approval of the owners of not less than a majority of the lots in the subdivision.
(b)  An extension of the restrictions as described by Subsection (a) is for a period equal to the original term of the restrictions or a shorter period agreed to by the owners of a majority of the lots in the subdivision.
(c)  The procedure provided by this chapter for the extension or termination of restrictions is cumulative of and not in lieu of any other method by which restrictions of a subdivision to which this chapter applies may be added to, modified, created, extended, or terminated.
Added by Acts 2011, 82nd Leg., R.S., Ch. 954 (H.B. 1071), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 212 - Extension of Restrictions by Majority Vote in Certain Subdivisions › Section 212.011. Construction of Chapter and Extended Restrictions

Sec. 212.011.  CONSTRUCTION OF CHAPTER AND EXTENDED RESTRICTIONS.  (a)  This chapter and any petition or ballot made or action taken in connection with an attempt to comply with this chapter shall be liberally construed to effectuate the intent of this chapter and the petition, ballot, or action.
(b)  A deed restriction that is extended under this chapter shall be liberally construed to give effect to the restriction's purposes and intent.
Added by Acts 2011, 82nd Leg., R.S., Ch. 954 (H.B. 1071), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 214 - Amendment of Dedicatory Instruments of Certain Mixed-Use Real Estate Developments › Section 214.001. Definitions

Sec. 214.001.  DEFINITIONS.  In this chapter:
(1)  "Current developer" means an owner of one or more tracts or lots in a mixed-use real estate development, or the owner's affiliate, who:
(A)  is the current declarant in the declaration governing the development; and
(B)  currently holds the developer rights for the development.
(2)  "Declaration" means an instrument filed in the real property records of a county that includes restrictive covenants governing a real estate development.
(3)  "Dedicatory instrument" has the meaning assigned by Section 202.001.
(4)  "Mixed-use real estate development" means a real estate development that:
(A)  contains at least 200 acres and not more than 250 acres of deed-restricted property composed of at least 10 separate tracts or parcels of property;
(B)  includes:
(i)  commercial properties, including hotel and retail properties, that constitute at least 70 percent of the total land area of the development; and
(ii)  office properties that constitute at least 50 percent of the total land area of the development;
(C)  may include other real estate uses;
(D)  is governed by a property owners' association; and
(E)  is subject to a dedicatory instrument that:
(i)  requires mandatory membership in the property owners' association;
(ii)  authorizes the property owners' association to collect a regular assessment on all or a majority of the property in the development;
(iii)  requires the approval of owners of more than:
(a)  90 percent of the ground area constituting the development to change a provision of the dedicatory instrument governing the permitted use of a property; or
(b)  60 percent of the ground area constituting the development to change a provision of the dedicatory instrument that is not related to the permitted use of a property; and
(iv)  provides that voting for an amendment is based on the number of acres owned by each owner.
(5)  "Property owners' association" has the meaning assigned by Section 202.001.
Added by Acts 2019, 86th Leg., R.S., Ch. 1228 (S.B. 1845), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 214 - Amendment of Dedicatory Instruments of Certain Mixed-Use Real Estate Developments › Section 214.002. Applicability of Chapter

Sec. 214.002.  APPLICABILITY OF CHAPTER.  (a)  This chapter applies only to a mixed-use real estate development that is located in:
(1)  a municipality with a population of two million or more; and
(2)  a county with a population of 3.3 million or more.
(b)  This chapter does not apply to:
(1)  a mixed-use real estate development that includes single-family residential properties; or
(2)  a condominium subject to Chapter 81 or 82.
(c)  This chapter applies to a dedicatory instrument regardless of the date on which the dedicatory instrument was created.
Added by Acts 2019, 86th Leg., R.S., Ch. 1228 (S.B. 1845), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 214 - Amendment of Dedicatory Instruments of Certain Mixed-Use Real Estate Developments › Section 214.003. Amendment of Dedicatory Instrument

Sec. 214.003.  AMENDMENT OF DEDICATORY INSTRUMENT.  (a)  This section supersedes any conflicting requirement in a dedicatory instrument of a mixed-use real estate development.
(b)  To the extent of any conflict with another provision of this title, this section prevails.
(c)  Except as provided by Subsection (d), a declaration of a mixed-use real estate development may be amended only by a vote of a majority of the total votes allocated to property owners entitled to vote on the amendment of the declaration.
(d)  If the declaration contains a lower approval requirement than prescribed by Subsection (c), the approval requirement in the declaration controls.  If the declaration is silent as to voting rights for an amendment, the declaration may be amended by a vote of a majority of the total votes allocated to property owners entitled to vote on the amendment of the declaration.
(e)  While the mixed-use real estate development has a current developer, an amendment made to the declaration under this section requires the current developer to consent to the amendment to be valid.
(f)  A bylaw of a mixed-use real estate development may not be amended to conflict with this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 1228 (S.B. 1845), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 215 - Master Mixed-Use Property Owners' Associations › Section 215.001. Definitions

Sec. 215.001.  DEFINITIONS.  In this chapter:
(1)  "Appraised value" means the property value determined by the appraisal district that establishes property values for taxing entities levying taxes on property in a mixed-use development.
(2)  "Property owners' association" or "association" means, unless otherwise indicated, a master mixed-use property owners' association.
(3)  "Dedicatory instrument" has the meaning assigned by Section 209.002.
(4)  "Self-help" means the process by which a property owners' association takes remedial action with regard to property governed by the association.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1167 (H.B. 2869), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 215 - Master Mixed-Use Property Owners' Associations › Section 215.002. Applicability of Chapter

Sec. 215.002.  APPLICABILITY OF CHAPTER.  (a)  This chapter applies to a property owners' association that:
(1)  includes:
(A)  commercial properties, including hotel and retail properties, that constitute at least 35 percent of the total appraised property value of the mixed-use development governed by the association;
(B)  single-family attached and detached properties that constitute at least 25 percent of the total appraised property value of the mixed-use development governed by the association; and
(C)  multifamily properties that constitute at least 10 percent of the total appraised property value of the mixed-use development governed by the association;
(2)  governs at least 6,000 acres of deed-restricted property;
(3)  has at least 10 incorporated residential or commercial property owners' associations that are members of and subject to the dedicatory instruments of the master mixed-use property owners' association;
(4)  has at least 3,400 platted and developed single-family residential properties and at least 400 separately platted commercial properties, including office, industrial, hotel, and retail properties, which together constitute at least 30 million square feet of building area available for rental; and
(5)  participates in the maintenance of public space, including parks, medians, and lakefronts, owned by local, including county, or state governmental entities.
(b)  This chapter applies to property that is:
(1)  governed by a property owners' association described by Subsection (a);
(2)  located in a master mixed-use development; and
(3)  subject to a provision, including a restriction, in a declaration that:
(A)  requires mandatory membership in the association; and
(B)  authorizes the association to collect a regular or special assessment on all or a majority of the property in the development.
(c)  Except as otherwise provided by this chapter, this chapter applies only to a master mixed-use property owners' association and not to the independent property owners' associations that are members of the master mixed-use property owners' association.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1167 (H.B. 2869), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 215 - Master Mixed-Use Property Owners' Associations › Section 215.003. Applicability of Chapter 209

Sec. 215.003.  APPLICABILITY OF CHAPTER 209.  Chapter 209 does not apply to a property owners' association subject to this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1167 (H.B. 2869), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 673 (H.B. 1824), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 215 - Master Mixed-Use Property Owners' Associations › Section 215.004. Conflicts of Law

Sec. 215.004.  CONFLICTS OF LAW.  Notwithstanding any other provision of law, the provisions of this chapter prevail over a conflicting or inconsistent provision of law relating to independent property owners' associations.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1167 (H.B. 2869), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 215 - Master Mixed-Use Property Owners' Associations › Section 215.006. Annual Meeting of Association Members; Notice of Annual or Special Meeting

Sec. 215.006.  ANNUAL MEETING OF ASSOCIATION MEMBERS; NOTICE OF ANNUAL OR SPECIAL MEETING.  (a)  An annual meeting of members of a property owners' association must be conducted in accordance with the association's dedicatory instruments.
(b)  Unless otherwise provided by a dedicatory instrument, an annual meeting of the property owners' association members is open to association members and must be held in a county in which all or part of the property governed by the association is located or in a county adjacent to that county.
(c)  Unless otherwise provided by a dedicatory instrument, the board shall give members notice of the date, time, place, and subject of an annual or special meeting of the members.  The notice must be delivered to each member not later than the 10th day and not earlier than the 60th day before the date of the meeting.
(d)  A notice under Subsection (c) must be posted in a conspicuous manner reasonably designed to provide notice to association members:
(1)  in a place located outside the corporate offices of the association that is accessible by the general membership during normal business hours;  or
(2)  on any Internet website maintained by the association.
(e)  Unless otherwise provided by a dedicatory instrument, any number of the members may attend the meeting by use of videoconferencing or a similar telecommunication method for purposes of establishing full participation in the meeting.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1167 (H.B. 2869), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 215 - Master Mixed-Use Property Owners' Associations › Section 215.008. Voting

Sec. 215.008.  VOTING.  (a)  The number of votes to which an individual or corporation who is a member of a property owners' association is entitled is determined by the dedicatory instruments of the association.
(b)  Each corporation or individual who is a member of the property owners' association may vote by proxy as provided for nonprofit corporations under Sections 22.160(b) and (c), Business Organizations Code.
(c)  Notwithstanding any provision of the certificate of formation or bylaws to the contrary, a member vote on any matter may be conducted by mail, by facsimile transmission, by e-mail, or by any combination of those methods.
(d)  Notwithstanding any provision of the certificate of formation, declaration, or bylaws to the contrary, the declaration and any supplementary declaration, including amendments, modifications, or corrections, may be amended by a simple majority of the eligible votes being cast in favor of the amendment.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1167 (H.B. 2869), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 673 (H.B. 1824), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 215 - Master Mixed-Use Property Owners' Associations › Section 215.009. Restrictive Covenants

Sec. 215.009.  RESTRICTIVE COVENANTS.  (a)  A property owners' association may enforce its restrictive covenants as follows:
(1)  by exercising discretionary authority relating to a restrictive covenant unless a court has determined by a preponderance of the evidence that the exercise of discretionary authority was arbitrary, capricious, or discriminatory; and
(2)  by initiating, defending, or intervening in litigation or an administrative proceeding affecting the enforcement of a restrictive covenant or the protection, preservation, or operation of property subject to the association's dedicatory instruments.
(b)  If the association prevails in an action to enforce restrictive covenants, the association may recover reasonable attorney's fees and costs incurred.
(c)  An association may use self-help to enforce its restrictive covenants against a residential or commercial property owner as necessary to prevent immediate harm to a person or property, or as otherwise reasonable.  If a property owner commits a subsequent repeat violation of the restrictive covenants within 12 months of the initial violation, the association is not required to provide the property owner with advance notice before the association implements self-help.
(d)  For purposes of Subsection (c), an advance, annual notice of maintenance requirements is considered notice to the extent notice is required.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1167 (H.B. 2869), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 215 - Master Mixed-Use Property Owners' Associations › Section 215.010. Attorney's Fees in Breach of Restrictive Covenant Action

Sec. 215.010.  ATTORNEY'S FEES IN BREACH OF RESTRICTIVE COVENANT ACTION.  In an action based on breach of a restrictive covenant, the prevailing party is entitled to reasonable attorney's fees, costs, and actual damages.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1167 (H.B. 2869), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 215 - Master Mixed-Use Property Owners' Associations › Section 215.011. Common Areas

Sec. 215.011.  COMMON AREAS.  A property owners' association may adopt reasonable rules regulating common areas.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1167 (H.B. 2869), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 215 - Master Mixed-Use Property Owners' Associations › Section 215.012. Resale Certificates

Sec. 215.012.  RESALE CERTIFICATES.  A property owners' association shall provide resale certificates only for residential properties and in the manner provided by Section 207.003.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1167 (H.B. 2869), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 215 - Master Mixed-Use Property Owners' Associations › Section 215.013. Management Certificate

Sec. 215.013.  MANAGEMENT CERTIFICATE.  (a)  A property owners' association shall record in each county in which any portion of the development governed by the association is located a management certificate, signed and acknowledged by an officer of the association, stating:
(1)  the name of the development;
(2)  the name of the association;
(3)  the recording data for the declaration and all supplementary declarations;
(4)  the applicability of any supplementary declarations to residential communities;
(5)  the name and mailing address of the association; and
(6)  other information the association considers appropriate.
(b)  A property owners' association shall record an amended management certificate not later than the 30th day after the date the association has notice of a change in information in the recorded certificate required by Subsection (a).
(c)  The association and its officers, directors, employees, and agents are not liable to any person or corporation for delay in recording or failure to record a management certificate unless the delay or failure is willful or caused by gross negligence.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1167 (H.B. 2869), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 215 - Master Mixed-Use Property Owners' Associations › Section 215.014. Priority of Payments

Sec. 215.014.  PRIORITY OF PAYMENTS.  Unless otherwise provided in writing by the property owner at the time payment is made, 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 attorney's fees incurred by the association associated solely with assessments or any other charge that could provide the basis for foreclosure;
(4)  any fines assessed by the association;
(5)  any attorney's fees incurred by the association that are not subject to Subdivision (3); and
(6)  any other amount owed to the association.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1167 (H.B. 2869), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 215 - Master Mixed-Use Property Owners' Associations › Section 215.015. Foreclosure

Sec. 215.015.  FORECLOSURE.  A property owners' association may not foreclose an association assessment lien unless the association first obtains a court order of sale.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1167 (H.B. 2869), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 215 - Master Mixed-Use Property Owners' Associations › Section 215.016. Notice Required Before Certain Enforcement Actions

Sec. 215.016.  NOTICE REQUIRED BEFORE CERTAIN ENFORCEMENT ACTIONS.  (a) Before a property owners' association may file a suit against an owner, other than a suit to collect a regular or special assessment or judicial foreclosure under the association's lien, or charge an owner for property damage, the association or its agent must give written notice sent to the owner by certified mail, return receipt requested, to the property address of the owner.
(b)  The notice must:
(1)  describe the violation of the declaration or property damage that is the basis for the suit or charge and state any amount due to the association from the owner; and
(2)  inform the owner that the owner:
(A)  is entitled, as applicable, to a reasonable period to cure the violation and avoid the suit unless the owner was previously given notice and a reasonable opportunity to cure by the association for the same or a similar violation within the preceding six months;
(B)  may request a hearing under Section 215.017 on or before the 30th day after the date the owner receives the notice; and
(C)  may have special rights or relief related to the suit or charge under federal law, including, without limitation, the Servicemembers Civil Relief Act (50 U.S.C. app. Section 501 et seq.), if the owner is serving on active military duty.
Added by Acts 2013, 83rd Leg., R.S., Ch. 673 (H.B. 1824), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 215 - Master Mixed-Use Property Owners' Associations › Section 215.017. Hearing Before Board

Sec. 215.017.  HEARING BEFORE BOARD.  (a) Except as provided by Section 215.009(c), if the owner is entitled to an opportunity to cure a violation, the owner has the right to submit a written request for a hearing to discuss and verify facts and resolve the matter at issue before a committee appointed by the board of the property owners' association or before the board if the board does not appoint a committee.
(b)  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 committee 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.
(c)  The notice and hearing provisions of this section and Section 215.016 do not apply if the association files a suit seeking a temporary restraining order or temporary injunctive relief or a suit that includes foreclosure as a cause of action.
Added by Acts 2013, 83rd Leg., R.S., Ch. 673 (H.B. 1824), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 215 - Master Mixed-Use Property Owners' Associations › Section 215.018. Alternative Payment Schedule for Certain Assessments

Sec. 215.018.  ALTERNATIVE PAYMENT SCHEDULE FOR CERTAIN ASSESSMENTS.  (a) A property owners' association shall adopt reasonable guidelines to establish an alternative payment schedule by which an owner may make partial payments to the  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)  A property owners' association is not required to enter into a payment plan with an owner who failed to honor the terms of a previous payment plan.
(c)  A property owners' association shall file the association's guidelines under this section in the real property records of each county in which any portion of the subdivision is located.
Added by Acts 2013, 83rd Leg., R.S., Ch. 673 (H.B. 1824), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 216 - Extension or Amendment of Restrictions in Certain Older Subdivisions › Section 216.001. Definitions

Sec. 216.001.  DEFINITIONS.  In this chapter:
(1)  "Dedicatory instrument" has the meaning assigned by Section 202.001.
(2)  "Lienholder" and "owner" have the meanings assigned by Section 201.003.
(3)  "Older subdivision" means a subdivision described by a recorded map or plat filed before 1947 in the real property records of the county in which the subdivision is located.
(4)  "Petition" has the meaning assigned by Section 202.001.
(5)  "Property owners' association" means an incorporated or unincorporated homeowners' association, community association, civic club, or similar entity that:
(A)  has a membership primarily consisting of the owners of real property in a subdivision; and
(B)  supports the enforcement of or promotes the observance of the deed restrictions applicable to all or part of the property located in the subdivision.
(6)  "Restrictions" has the meaning assigned by Section 209.002.
(7)  "Subdivision" means land that:
(A)  consists of multiple sections that have each been divided into two or more parts on a map or plat that has been recorded in the real property records of a county; and
(B)  is or was subject to restrictions that:
(i)  limit a majority of the land, excluding streets and public areas, to residential use; and
(ii)  were recorded in the real property records of the county.
(8)  "University" means an institution of higher education or a private or independent institution of higher education, as those terms are defined by Section 61.003, Education Code.  The term includes a university's affiliate entity, including an endowment instrument, and a unit, division, institution, or agency established to operate as a component part of a university.
Added by Acts 2023, 88th Leg., R.S., Ch. 691 (H.B. 1558), Sec. 1, eff. June 12, 2023.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 216 - Extension or Amendment of Restrictions in Certain Older Subdivisions › Section 216.002. Findings and Purpose

Sec. 216.002.  FINDINGS AND PURPOSE.  (a)  The legislature finds that:
(1)  the inability of owners to extend or amend property restrictions in older subdivisions in which no zoning regulations apply creates uncertainty in living conditions and discourages investments in those subdivisions;
(2)  owners in affected older subdivisions are reluctant or unable to provide proper maintenance, upkeep, and repairs of structures because of the inability to amend the restrictions in response to changing circumstances;
(3)  these conditions will cause dilapidation of housing and other structures and cause unhealthful and unsanitary conditions in affected older subdivisions, contrary to the health, safety, and welfare of the public; and
(4)  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 amending restrictions for certain older subdivisions, including the removal of any restriction relating to race, religion, or national origin that is void and unenforceable under the United States Constitution or Section 5.026.
Added by Acts 2023, 88th Leg., R.S., Ch. 691 (H.B. 1558), Sec. 1, eff. June 12, 2023.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 216 - Extension or Amendment of Restrictions in Certain Older Subdivisions › Section 216.003. Applicability of Chapter

Sec. 216.003.  APPLICABILITY OF CHAPTER.  (a)  This chapter applies only to an older subdivision that:
(1)  is wholly or partly located in a municipality with a population of two million or more;
(2)  had original restrictions that:
(A)  for at least one section of the subdivision, did not have an express procedure that provides for successive extensions of the restrictions;
(B)  did not have an express procedure for amending the restrictions;
(C)  under the common law of this state could not be amended without the unanimous consent of:
(i)  all owners in the subdivision; or
(ii)  all owners in any section of the subdivision; and
(D)  may no longer be valid due to an inability to extend or amend the restrictions; and
(3)  has a single property owners' association in which all owners in the subdivision are eligible for membership but in which membership is not mandatory.
(b)  This chapter applies to a restriction regardless of the date on which the restriction was created.
(c)  This chapter supersedes any contrary requirement for the extension or amendment of a restriction in a dedicatory instrument of a subdivision to which this chapter applies.
(d)  This chapter does not apply to:
(1)  a residential subdivision described by Section 209.0041(b);
(2)  a condominium, as defined by Section 81.002 or 82.003;
(3)  any portion of a residential subdivision in which restrictions are no longer enforceable due to nonresidential use; or
(4)  property that is owned by a university that was owned by the university on the effective date of this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 691 (H.B. 1558), Sec. 1, eff. June 12, 2023.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 216 - Extension or Amendment of Restrictions in Certain Older Subdivisions › Section 216.004. Amendment of Restrictions

Sec. 216.004.  AMENDMENT OF RESTRICTIONS.  (a)  For purposes of this chapter, the amendment of restrictions includes the adoption of new restrictions or the modification or removal of existing restrictions.
(b)  An amendment of restrictions under this chapter may not create a property owners' association with mandatory membership.  An amendment of restrictions under this chapter that creates a property owners' association with mandatory membership is void.
Added by Acts 2023, 88th Leg., R.S., Ch. 691 (H.B. 1558), Sec. 1, eff. June 12, 2023.
Sec. 216.005.  PROPERTY OWNERS' ASSOCIATION ACTION NOT REQUIRED.  Except as provided by Section 216.008, restrictions may be extended or amended under this chapter without action by the property owners' association.
Added by Acts 2023, 88th Leg., R.S., Ch. 691 (H.B. 1558), Sec. 1, eff. June 12, 2023.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 216 - Extension or Amendment of Restrictions in Certain Older Subdivisions › Section 216.006. Extension of Restrictions

Sec. 216.006.  EXTENSION OF RESTRICTIONS.  (a)  Restrictions may be extended as provided by Section 216.007 or, if a dedicatory instrument provides a procedure for an initial extension of the original restrictions, that procedure may be used for successive extensions of the original restrictions unless the dedicatory instrument expressly prohibits the procedure from being used for successive extensions.  If the dedicatory instrument prohibits the procedure from being used to provide for automatic extension of restrictions, the procedure may not be used under this subsection to provide for automatic extension of the restrictions.
(b)  A provision in a dedicatory instrument that prohibits the extension of an existing restriction during a certain period does not apply to a successive extension under a procedure for initial extension of original restrictions under Subsection (a).
(c)  An extension of restrictions under this chapter may:
(1)  be for a period equal to the original term of the restrictions or a shorter period; and
(2)  subject to Subsection (a), provide for additional automatic extensions of the term of the restrictions for a period of not more than 10 years for each extension.
(d)  A dedicatory instrument that provides for the extension of restrictions and does not provide for amendment of restrictions may be amended under this chapter, including by amending the provision providing for the extension of the restrictions.
Added by Acts 2023, 88th Leg., R.S., Ch. 691 (H.B. 1558), Sec. 1, eff. June 12, 2023.
Sec. 216.007.  CONSENT REQUIRED FOR EXTENSION OR AMENDMENT OF RESTRICTIONS.  (a)  A restriction may be extended or amended by a petition or ballots that indicate the written consent of the owners of at least 66.6 percent of the total number of separately owned parcels or tracts in the subdivision, regardless of whether the parcels or tracts contain part or all of one or more platted lots or combination of lots, but not including any parcels or tracts excluded from applicability of this chapter under Section 216.003(d).
(b)  A restriction that is extended or amended as described by Subsection (a) applies to all sections of the subdivision other than property excluded from applicability of this chapter under Section 216.003(d) to the extent that the extended or amended restriction expressly applies to the entire subdivision, regardless of whether:
(1)  each section has separate restrictions; or
(2)  each owner is a member of the property owners' association.
(c)  If the original restrictions for a subdivision contain a lower percentage to extend or amend the restrictions, the percentage in the original restrictions controls.
Added by Acts 2023, 88th Leg., R.S., Ch. 691 (H.B. 1558), Sec. 1, eff. June 12, 2023.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 216 - Extension or Amendment of Restrictions in Certain Older Subdivisions › Section 216.008. Petition or Ballots

Sec. 216.008.  PETITION OR BALLOTS.  (a)  After receiving written approval of a petition or ballot by the property owners' association, the petition or ballots for the extension or amendment of restrictions must be distributed to the owners in the subdivision by any public method, including:
(1)  by United States mail;
(2)  by electronic mail or other method of electronic transmission or publication, including publication on an Internet website;
(3)  by door-to-door circulation;
(4)  by publication in a newspaper or similar publication of general circulation in the municipality in which the subdivision is located; or
(5)  at a meeting of the owners in the subdivision called for the purpose of voting on the proposed extension or amendment.
(b)  The petition or ballots may be provided to owners in separate documents.  The separate documents are considered to be one instrument.
(c)  If a restriction is amended under this chapter, a petition or ballot for a subsequent amendment of the restrictions may not be distributed under Subsection (a) before the fifth anniversary of the effective date of the amended restriction  under Section 216.010.
Added by Acts 2023, 88th Leg., R.S., Ch. 691 (H.B. 1558), Sec. 1, eff. June 12, 2023.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 216 - Extension or Amendment of Restrictions in Certain Older Subdivisions › Section 216.009. Effect of Owner's Signature

Sec. 216.009.  EFFECT OF OWNER'S SIGNATURE.  (a)  An owner's signature on a petition or ballot conclusively establishes the owner's consent for the purposes of this chapter.
(b)  The vote of multiple owners of a lot, parcel, or tract may be reflected by the signature of one of the owners.
(c)  After an owner signs a petition or ballot for an extension or amendment of a restriction, the owner's subsequent conveyance of the owner's interest in real property in the subdivision covered by the extension or amendment does not affect the validity of the signature for the purposes of the petition or ballot.
Added by Acts 2023, 88th Leg., R.S., Ch. 691 (H.B. 1558), Sec. 1, eff. June 12, 2023.
2023 Texas Statutes › Property Code › Title 11 - Restrictive Covenants › Chapter 216 - Extension or Amendment of Restrictions in Certain Older Subdivisions › Section 216.010. Effective Date of Extension or Amendment

Sec. 216.010.  EFFECTIVE DATE OF EXTENSION OR AMENDMENT.  An extension or amendment of a restriction under this chapter takes effect on the date the extension or amendment and the petition or ballots that reflect the written consent of the required number of owners in the subdivision for the adoption of the extension or amendment are filed and recorded in the real property records of the county in which the subdivision is located.
Added by Acts 2023, 88th Leg., R.S., Ch. 691 (H.B. 1558), Sec. 1, eff. June 12, 2023.