Texas Property Code
§ 204.005 — EXTENSION OF, ADDITION TO, OR MODIFICATION OF EXISTING RESTRICTIONS
PR § 204.005Title 11. RESTRICTIVE COVENANTS · Ch. 204. POWERS OF PROPERTY OWNERS' ASSOCIATION RELATING TO RESTRICTIVE COVENANTS IN CERTAIN SUBDIVISIONS
Statute text
View on source(a)A property owners' association has authority to approve and circulate a petition relating to the extension of, addition to, or modification of existing restrictions. A property owners' association is not required to comply with Sections 201.009-201.012.
(b)A petition to extend, add to, or modify existing restrictions approved and circulated by a property owners' association is effective if:
(1)the petition is approved by the owners, excluding lienholders, contract purchasers, and the owners of mineral interests, of at least 75 percent of the real property in the subdivision or a smaller percentage required by the original dedicatory instrument; and
(2)the petition is filed as a dedicatory instrument with the county clerk of the county in which the subdivision is located.
(c)If a subdivision consisting of multiple sections, each with its own restrictions, is represented by a single property owners' association, the approval requirement may be satisfied by obtaining approval of at least 75 percent of the owners on a section-by-section basis or of the total number of properties in the property owners' association's jurisdiction.
(d)If approved, the petition is binding on all properties in the subdivision or section, as applicable.
…
Legislative history
Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.