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

(B) the death of a member of the architectural control committee or another cause resulting from the inability to locate a member of the architectural control committee or the member's assigns. (11197)

Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995. (11198)

Amended by: (11199)

Acts 2007, 80th Leg., R.S., Ch. 711 (H.B. 2218), Sec. 1, eff. September 1, 2007. (11200)

CHAPTER 205. RESTRICTIVE COVENANTS APPLICABLE TO REVISED SUBDIVISIONS IN CERTAIN COUNTIES (11201)(Text)

Sec. 205.001. DEFINITIONS. (11202)(Text)

In this chapter: (11203)

(1) "Restrictions" and "subdivision" have the meanings assigned by Section 201.003. (11204)

(2) "Property owners' association" has the meaning assigned by Section 202.001. (11205)

Added by Acts 1995, 74th Leg., ch. 1040, Sec. 3, eff. Aug. 28, 1995. Amended by Acts 1997, 75th Leg., ch. 451, Sec. 4, eff. Sept. 1, 1997. (11206)

Sec. 205.002. APPLICABILITY. (11207)(Text)

This chapter applies only to a county with a population of 65,000 or more. (11208)

Added by Acts 1995, 74th Leg., ch. 1040, Sec. 3, eff. Aug. 28, 1995. (11209)

Sec. 205.003. RESTRICTIONS APPLICABLE TO REVISED SUBDIVISIONS. (11210)(Text)

(a) If all or part of a subdivision plat is revised to provide for another subdivision of land within all or part of the earlier subdivision, the restrictions that apply to the subdivision before the revision apply to the newly created subdivision. (11211)

(b) The property owners of the newly created subdivision must comply with the petition procedures prescribed by Chapter 204 to modify the restrictions. (11212)

Added by Acts 1995, 74th Leg., ch. 1040, Sec. 3, eff. Aug. 28, 1995. (11213)

Sec. 205.004. AMENDMENT OF RESTRICTIONS BY GOVERNING BODY OF PROPERTY OWNERS' ASSOCIATION. (11214)(Text)

(a) The governing body of a property owners' association may amend the restrictions for the limited purpose of complying with United States Department of Housing and Urban Development or United States Department of Veterans Affairs requirements for subdivision property to qualify for insured or guaranteed mortgage loans. (11215)

(b) An amendment adopted under this section must: (11216)

(1) indicate that the amendment is adopted under authority of this section by specifically referencing this section; (11217)

(2) be signed by a majority of the governing body; and (11218)

(3) be filed in the real property records of the county in which the subdivision is located. (11219)

Added by Acts 1997, 75th Leg., ch. 451, Sec. 5, eff. Sept. 1, 1997. (11220)

CHAPTER 206. EXTENSION OF RESTRICTIONS IMPOSING REGULAR ASSESSMENTS IN CERTAIN SUBDIVISIONS (11221)(Text)

Sec. 206.001. DEFINITIONS. (11222)(Text)

In this chapter: (11223)

(1) "Community association" means an incorporated association created to enforce restrictions. (11224)

(2) "Dedicatory instrument" and "restrictive covenant" have the meanings assigned by Section 202.001. (11225)

(3) "Lienholder," "owner," "real property records," "residential real estate subdivision," and "restrictions" have the meanings assigned by Section 201.003. (11226)

(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. (11227)

Added by Acts 1997, 75th Leg., ch. 1249, Sec. 1, eff. Sept. 1, 1997. (11228)

Sec. 206.002. APPLICABILITY OF CHAPTER. (11229)(Text)

This chapter applies only to: (11230)

(1) a residential real estate subdivision that: (11231)

(A) consists of at least 4,600 homes; (11232)

(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 (11233)

(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 (11234)

(2) a residential real estate subdivision that: (11235)

(A) consists of at least 750 homes; (11236)

(B) is located in two adjacent municipalities in a county with a population of 2.8 million or more; and (11237)

(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. (11238)

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. (11239)

Sec. 206.003. EXTENSION OF RESTRICTION IMPOSING REGULAR ASSESSMENT. (11240)(Text)

(a) A community association may approve and submit to a vote of the owners an extension of a restriction imposing a regular assessment. (11241)

(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. (11242)

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