CHAPTER 211. AMENDMENT AND ENFORCEMENT OF RESTRICTIONS IN CERTAIN SUBDIVISIONS

PROPERTY CODE

TITLE 11. RESTRICTIVE COVENANTS

CHAPTER 211. AMENDMENT AND ENFORCEMENT OF RESTRICTIONS IN CERTAIN

SUBDIVISIONS

Sec. 211.001. DEFINITIONS. In this chapter:

(1) "Dedicatory instrument" means each governing instrument

covering the establishment, maintenance, and operation of a

residential subdivision or any similar planned development. The

term includes a declaration or similar instrument subjecting real

property to restrictive covenants, bylaws, or similar instruments

governing the administration or operation of a property owners'

association, to properly adopted rules and regulations of the

property owners' association, or to all lawful amendments to the

covenants, bylaws, instruments, rules, or regulations.

(2) "Lienholder," "owner," "real property records," and

"restrictions" have the meanings assigned by Section 201.003.

(3) "Property owners' association" means an incorporated or

unincorporated association owned by or whose members consist

primarily of the owners of the property covered by the dedicatory

instrument and through which the owners, or the board of

directors or similar governing body, manage or regulate the

residential subdivision or similar planned development.

(4) "Residential real estate subdivision" or "subdivision" means

all land encompassed within one or more maps or plats of land

that is divided into two or more parts if:

(A) the maps or plats cover land that is not within a

municipality or within the extraterritorial jurisdiction of a

municipality;

(B) the land encompassed within the maps or plats is or was

burdened by restrictions limiting all or at least a majority of

the land area covered by the map or plat, excluding streets and

public areas, to residential use only; and

(C) all instruments creating the restrictions are recorded in

the deed or real property records of a county.

Added by Acts 2005, 79th Leg., Ch.

1077, Sec. 1, eff. September 1, 2005.

Sec. 211.002. APPLICABILITY OF CHAPTER. (a) This chapter

applies only to a residential real estate subdivision or any unit

or parcel of a subdivision located in whole or in part within an

unincorporated area of a county if the county has a population of

less than 65,000.

(b) This chapter applies only to restrictions that affect real

property within a residential real estate subdivision or any

units or parcels of the subdivision and that, by the express

terms of the instrument creating the restrictions:

(1) are not subject to a procedure by which the restrictions may

be amended; or

(2) may not be amended without the unanimous consent of:

(A) all property owners in the subdivision; or

(B) all property owners in any unit or parcel of the

subdivision.

(c) This chapter applies to a restriction regardless of the date

on which it was created.

Added by Acts 2005, 79th Leg., Ch.

1077, Sec. 1, eff. September 1, 2005.

Sec. 211.003. FINDINGS AND PURPOSE. (a) The legislature finds

that:

(1) owners of land in certain real estate subdivisions are

unable to govern the subdivisions by democratic principles of

self-government;

(2) requiring unanimous consent to amend or modify restrictions

in affected subdivisions or units or parcels of the subdivisions

is impractical and unworkable to bring needed change and

improvement;

(3) the inability of owners to amend or modify property

restrictions in certain real estate subdivisions in which no

zoning regulations apply creates uncertainty in living conditions

and discourages investments in those subdivisions;

(4) owners of land in affected subdivisions are reluctant or

unable to provide proper maintenance, upkeep, and repairs of

structures because of the inability to amend or modify the

restrictions in response to changing circumstances;

(5) financial institutions are reluctant to or will not lend

money for investments, maintenance, upkeep, or repairs in

affected subdivisions;

(6) these conditions will cause dilapidation of housing and

other structures and cause unhealthful and unsanitary conditions

in affected subdivisions, contrary to the health, safety, and

welfare of the public; and

(7) 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

creating, modifying, or adding to residential restrictions and to

provide for the removal of any restriction or other provision

relating to race, religion, or national origin that is void and

unenforceable under either the United States Constitution or

Section 5.026.

Added by Acts 2005, 79th Leg., Ch.

1077, Sec. 1, eff. September 1, 2005.

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, Sec. 1, eff. September 1, 2005.

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, Sec. 1, eff. September 1, 2005.