Title PR, Property Code

Sec. 202.003. CONSTRUCTION OF RESTRICTIVE COVENANTS. (a) A restrictive covenant shall be liberally construed to give effect to its purposes and intent. (b) In this subsection, "family home" is a residential home that meets the definition of and requirements applicable to a family…

Sec. 202.004. ENFORCEMENT OF RESTRICTIVE COVENANTS. (a) An exercise of discretionary authority by a property owners' association or other representative designated by an owner of real property concerning a restrictive covenant is presumed reasonable unless the court determines by…

Sec. 202.005. WITHDRAWAL OF SIGNATURE. (a) A signature may be withdrawn from a petition authorized to be filed in connection with terminating restrictive covenants, as provided by this section. (b) To withdraw a signature, the signer must request that the signature be withdrawn. …

Sec. 202.006. PUBLIC RECORDS. (a) A property owners' association shall file all dedicatory instruments in the real property records of each county in which the property to which the dedicatory instruments relate is located. (b) A dedicatory instrument has no effect until the inst…

Sec. 202.007. CERTAIN RESTRICTIVE COVENANTS PROHIBITED. (a) A property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from: (1) implementing measures promoting solid-waste composting of vegetation…

Sec. 202.008. LIMITATION ON FINES DURING RESIDENTIAL WATER RESTRICTION. (a) For the purposes of this section, "residential watering restriction" means a temporary restriction of water use to irrigate residential vegetation or turf that is mandated by a municipality, water utility…

Sec. 202.010. REGULATION OF SOLAR ENERGY DEVICES. (a) In this section: (1) "Development period" means a period stated in a declaration during which a declarant reserves: (A) a right to facilitate the development, construction, and marketing of the subdivision; and (B) a right to …

Sec. 202.011. REGULATION OF CERTAIN ROOFING MATERIALS. A property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner who is otherwise authorized to install shingles on the roof of the owner's property…

Sec. 202.012. FLAG DISPLAY. (a) A property owners' association may not, except as provided in this section, adopt or enforce a dedicatory instrument provision that prohibits, restricts, or has the effect of prohibiting or restricting an owner from the display of: (1) the flag of …

Sec. 202.013. REGULATION OF ASSEMBLY, ASSOCIATION, AND SPEECH. (a) This section does not apply to a common area of a property owners' association that is not made available for meetings: (1) due to designated seasonal use; or (2) other than a meeting of the property owners' assoc…

Sec. 202.018. REGULATION OF DISPLAY OF CERTAIN RELIGIOUS ITEMS. (a) Except as otherwise provided by this section, a property owners' association may not enforce or adopt a provision in a dedicatory instrument, including a restrictive covenant, that prohibits a property owner or r…

Sec. 202.019. STANDBY ELECTRIC GENERATORS. (a) In this section, "standby electric generator" means a device that converts mechanical energy to electrical energy and is: (1) powered by natural gas, liquefied petroleum gas, diesel fuel, biodiesel fuel, or hydrogen; (2) fully enclos…

Sec. 202.020. CERTAIN SALES OF BEVERAGES BY CHILDREN. (a) A property owners' association of a residential subdivision may not adopt or enforce a restrictive covenant that prohibits or regulates, including by requiring a permit or fee, the occasional sale of lemonade or other nona…

Sec. 202.021. REGULATION OF FIREARMS OR FIREARM AMMUNITION. A property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits, restricts, or has the effect of prohibiting or restricting any person who is otherwise authorized from lawf…

Sec. 202.022. SWIMMING POOL ENCLOSURES. (a) In this section, "swimming pool enclosure" means a fence that: (1) surrounds a water feature, including a swimming pool or spa; (2) consists of transparent mesh or clear panels set in metal frames; (3) is not more than six feet in heigh…

Sec. 202.023. SECURITY MEASURES. (a) This section does not apply to: (1) a condominium as defined by Section 81.002 or 82.003; or (2) a master mixed-use property owners' association subject to Chapter 215. (b) Except as provided by Subsection (c), a property owners' association m…

Sec. 202.024. DISCRIMINATION AGAINST TENANT BASED ON METHOD OF PAYMENT PROHIBITED. (a) In this section, "method of payment" includes payment made in whole or in part by: (1) a housing choice voucher under Section 8, United States Housing Act of 1937 (42 U.S.C. Section 1437f); or …

Sec. 203.001. APPLICABILITY OF CHAPTER. This chapter applies only to a county with a population of more than 200,000. Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987. Amended by Acts 1997, 75th Leg., ch. 274, Sec. 2, eff. May 26, 1997.

Sec. 203.002. DEFINITION. In this chapter, "restriction" means a limitation that affects the use to which real property may be put, fixes the distance at which buildings or other structures must be set back from property, street, or lot lines, affects the size of lots, or affects…

Sec. 203.003. COUNTY ATTORNEY AUTHORIZED TO ENFORCE RESTRICTIONS. (a) The county attorney may sue in a court of competent jurisdiction to enjoin or abate violations of a restriction contained or incorporated by reference in a properly recorded plan, plat, replat, or other instrum…

Sec. 203.004. ADMINISTRATIVE FEE. (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 purs…

Sec. 203.005. COURT COSTS AND ATTORNEY'S FEES. (a) The county may be awarded court costs and attorney's fees in a successful action under this chapter. (b) If the court costs and attorney's fees awarded to the county, together with the administrative fee collected under Section 2…

Sec. 204.001. DEFINITIONS. In this chapter: (1) "Restrictions," "residential real estate subdivision," "subdivision," "owner," "real property records," and "lienholder" have the meanings assigned by Section 201.003. (2) "Dedicatory instrument," "petition," and "restrictive covena…

Sec. 204.002. APPLICATION. (a) This chapter applies only to a residential real estate subdivision, excluding a condominium development governed by Title 7 that is located in whole or in part: (1) in a county with a population of 3.3 million or more; (2) in a county with a populat…

Sec. 204.003. APPLICATION OF PROVISIONS OF RESTRICTIVE COVENANTS IN CERTAIN CIRCUMSTANCES. (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 existi…

Sec. 204.004. PROPERTY OWNERS' ASSOCIATION. (a) A property owners' association is a designated representative of the owners of property in a subdivision and may be referred to as a "homeowners association," "community association," "civic association," "civic club," "association,…

Sec. 204.005. EXTENSION OF, ADDITION TO, OR MODIFICATION OF EXISTING RESTRICTIONS. (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' associat…

Sec. 204.006. CREATION OF PROPERTY OWNERS' ASSOCIATION. (a) If existing restrictions applicable to a subdivision do not provide for a property owners' association and require approval of more than 60 percent of the owners to add to or modify the original dedicating instrument, a …

Sec. 204.007. EFFECT ON LIENHOLDERS. (a) Extensions of, additions to, or modifications of restrictions under this chapter are binding on a lienholder, excluding restrictions relating to regular or special assessment increases if the assessment is not subordinated to purchase mone…

Sec. 204.008. METHOD OF ADOPTION. An extension, addition to, or modification of restrictions proposed by a property owners' association may be adopted: (1) by a written ballot that states the substance of the amendment and specifies the date by which a ballot must be received to …

Sec. 204.009. TEXAS NONPROFIT CORPORATIONS. (a) If the property owners' association is referenced in the existing, extended, added to, or modified restrictions as a Texas nonprofit corporation, the instrument contemplates the interaction of a nonprofit corporation, its articles o…

Sec. 204.010. POWERS OF PROPERTY OWNERS' ASSOCIATION. (a) Unless otherwise provided by the restrictions or the association's articles of incorporation or bylaws, the property owners' association, acting through its board of directors or trustees, may: (1) adopt and amend bylaws; …

Sec. 204.011. ARCHITECTURAL CONTROL COMMITTEE. (a) This section applies to restrictions providing for the creation and operation of an architectural control committee with the power to approve or deny applications for proposed original construction or modification of a building, …

Sec. 205.001. DEFINITIONS. In this chapter: (1) "Restrictions" and "subdivision" have the meanings assigned by Section 201.003. (2) "Property owners' association" has the meaning assigned by Section 202.001. Added by Acts 1995, 74th Leg., ch. 1040, Sec. 3, eff. Aug. 28, 1995. Ame…

Sec. 205.002. APPLICABILITY. This chapter applies only to a county with a population of 65,000 or more. Added by Acts 1995, 74th Leg., ch. 1040, Sec. 3, eff. Aug. 28, 1995.

Sec. 205.003. RESTRICTIONS APPLICABLE TO REVISED SUBDIVISIONS. (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…

Sec. 205.004. AMENDMENT OF RESTRICTIONS BY GOVERNING BODY OF PROPERTY OWNERS' ASSOCIATION. (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 Un…

Sec. 206.001. DEFINITIONS. In this chapter: (1) "Community association" means an incorporated association created to enforce restrictions. (2) "Dedicatory instrument" and "restrictive covenant" have the meanings assigned by Section 202.001. (3) "Lienholder," "owner," "real proper…

Sec. 206.002. APPLICABILITY OF CHAPTER. This chapter applies only to: (1) a residential real estate subdivision that: (A) consists of at least 4,600 homes; (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 p…

Sec. 206.003. EXTENSION OF RESTRICTION IMPOSING REGULAR ASSESSMENT. (a) A community association may approve and submit to a vote of the owners an extension of a restriction imposing a regular assessment. (b) The extension of a restriction imposing a regular assessment is approved…

Sec. 206.004. METHOD OF VOTING. (a) An extension of a restriction that imposes a regular assessment must be voted on: (1) by a written ballot that states the substance of the amendment extending the restriction and specifies the date by which the community association must receiv…

Sec. 207.001. DEFINITIONS. In this chapter: (1) "Restrictions" has the meaning assigned by Section 201.003. (2) "Dedicatory instrument," "property owners' association," and "restrictive covenant" have the meanings assigned by Section 209.002. (2-a) "Management company" has the me…

Sec. 207.002. APPLICABILITY. (a) This chapter applies to a subdivision with a property owners' association that is entitled to levy regular or special assessments. (b) This chapter does not apply to a condominium council of owners governed by Chapter 81 or a condominium unit owne…

Sec. 207.003. DELIVERY OF SUBDIVISION INFORMATION TO OWNER. (a) Not later than the 10th business day after the date a written request for subdivision information is received from an owner or the owner's agent, a purchaser of property in a subdivision or the purchaser's agent, or …

Sec. 207.004. OWNER'S REMEDIES FOR FAILURE BY PROPERTY OWNERS' ASSOCIATION TO TIMELY DELIVER INFORMATION. (a) If a property owners' association does not timely deliver information in accordance with Section 207.003, the owner, owner's agent, or title insurance company or its agen…

Sec. 207.005. EFFECT OF RESALE CERTIFICATE; LIABILITY. (a) A property owners' association may not deny the validity of any statement in the resale certificate. The property owners' association's lien to secure undisclosed amounts due the property owners' association on the date t…