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Texas Laws | Property Code
PROPERTY CODE
TITLE 11. RESTRICTIVE COVENANTS

(b) The county attorney may not enforce a restriction relating to race or any other restriction that violates the state or federal constitution. (11070)

Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987. (11071)

Sec. 203.004. ADMINISTRATIVE FEE. (11072)(Text)

(a) A complaint filed in connection with Section 203.003 must be accompanied by an administrative fee prescribed by the county commissioners court. The amount of the fee may not exceed the administrative costs to be incurred by the county in pursuing the matter. (11073)

(b) The administrative fee shall be deposited in a special county fund. The fund may be used only to administer this chapter. (11074)

(c) The commissioners court may waive the administrative fee if the complainant files with the complaint a hardship affidavit in a form approved by the commissioners court. (11075)

Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987. (11076)

Sec. 203.005. COURT COSTS AND ATTORNEY'S FEES. (11077)(Text)

(a) The county may be awarded court costs and attorney's fees in a successful action under this chapter. (11078)

(b) If the court costs and attorney's fees awarded to the county, together with the administrative fee collected under Section 203.004, exceed the county's expenses in a successful action under this chapter, any portion of the excess that does not exceed the amount of the administrative fee collected by the county shall be refunded to the complainant. (11079)

Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987. (11080)

CHAPTER 204. POWERS OF PROPERTY OWNERS' ASSOCIATION RELATING TO RESTRICTIVE COVENANTS IN CERTAIN SUBDIVISIONS (11081)(Text)

Sec. 204.001. DEFINITIONS. (11082)(Text)

In this chapter: (11083)

(1) "Restrictions," "residential real estate subdivision," "subdivision," "owner," "real property records," and "lienholder" have the meanings assigned by Section 201.003. (11084)

(2) "Dedicatory instrument," "petition," and "restrictive covenant" have the meanings assigned by Section 202.001. (11085)

(3) "Regular assessment" means an assessment, charge, fee, or dues that each owner of property within a subdivision is required to pay to the property owners' association on a regular basis and that are to be used by the association for the benefit of the subdivision in accordance with the original, extended, added, or modified restrictions. (11086)

(4) "Special assessment" means an assessment, charge, fee, or dues that each owner of property within a subdivision is required to pay to the property owners' association, after a vote of the membership, for the purpose of paying for the costs of capital improvements to the common areas that are incurred or will be incurred by the association during the fiscal year. A special assessment may be assessed before or after the association incurs the capital improvement costs. (11087)

Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995. (11088)

Sec. 204.002. APPLICATION. (11089)(Text)

(a) This chapter applies only to a residential real estate subdivision, excluding a condominium development governed by Title 7, Property Code, that is located in whole or in part: (11090)

(1) in a county with a population of 3.3 million or more; (11091)

(2) in a county with a population of not less than 285,000 and not more than 300,000 that is adjacent to the Gulf of Mexico and that is adjacent to a county having a population of 3.3 million or more; or (11092)

(3) in a county with a population of 275,000 or more that: (11093)

(A) is adjacent to a county with a population of 3.3 million or more; and (11094)

(B) contains part of a national forest. (11095)

(b) This chapter applies to a restriction regardless of its effective date. (11096)

(c) This chapter does not apply to portions of a subdivision that are zoned for or that contain a commercial structure, an industrial structure, an apartment complex, or a condominium development governed by Title 7, Property Code. 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. (11097)

Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995. Amended by Acts 2003, 78th Leg., ch. 547, Sec. 1, eff. Sept. 1, 2003. (11098)

Amended by: (11099)

Acts 2005, 79th Leg., Ch. 1078 (H.B. 1632), Sec. 1, eff. September 1, 2005. (11100)

Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 110, eff. September 1, 2011. (11101)

Sec. 204.003. APPLICATION OF PROVISIONS OF RESTRICTIVE COVENANTS IN CERTAIN CIRCUMSTANCES. (11102)(Text)

(a) An express designation in a document creating restrictions applicable to a residential real estate subdivision that provides for the extension of, addition to, or modification of existing restrictions by a designated number of owners of real property in the subdivision prevails over the provisions of this chapter. (11103)

(b) Notwithstanding Subsection (a), for a residential subdivision described by Subsection (c), the provisions of this chapter prevail over an express designation in a document described by Subsection (a) if: (11104)

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