Title PR, Property Code

Sec. 210.003. FINDINGS AND PURPOSE. (a) The legislature finds that: (1) the pending expiration of and the inability of owners to extend or modify property restrictions applicable to certain real estate subdivisions in this state creates uncertainty in living conditions and discou…

Sec. 210.004. EXTENSION OR MODIFICATION OF RESTRICTIONS. (a) In addition to any procedures provided in a subdivision's restrictions, a property owners' association, or a petition committee comprised of at least three owners, may circulate a petition proposing to extend or modify …

Sec. 210.005. PETITION PROCEDURE. (a) The property owners' association or petition committee shall deliver to each record owner of property in the subdivision a petition describing the exact terms of the proposed extension or modification of the existing restrictions. (b) The pet…

Sec. 210.006. VOTE ON PROPOSAL. (a) If the petition allows owners to indicate only approval or disapproval of the entire proposal, the proposal is adopted if owners of at least 66 percent of the real property in the subdivision vote in favor of the proposal. If the petition allow…

Sec. 210.007. SUBDIVISION CONSISTING OF MULTIPLE SECTIONS. If a subdivision consisting of multiple sections, each with its own restrictions, is represented by a single property owners' association, a proposal or specific provision of a proposal is adopted if owners of at least 66…

Sec. 210.008. RESOLUTION CERTIFYING RESULTS OF VOTE. (a) The property owners' association or petition committee shall certify the results of a vote under this chapter by a written resolution specifying the number of votes for and against the proposal, or for and against each prov…

Sec. 210.009. ADDITIONAL PROCEDURES. The procedures provided by this chapter are in addition to any procedures provided in a subdivision's restrictions for the extension or modification of existing restrictions. The property owners' association or petition committee may propose t…

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 su…

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: (1) all or part of which is located within an unincorporated area of a county if the county has a population of less than 65,000;…

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 affecte…

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 un…

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 subdivis…

Sec. 212.001. DEFINITIONS. In this chapter, "lienholder," "owner," "restrictions," and "residential real estate subdivision" or "subdivision" have the meanings assigned by Section 201.003. Added by Acts 2011, 82nd Leg., R.S., Ch. 954 (H.B. 1071), Sec. 2, eff. June 17, 2011.

Sec. 212.002. APPLICABILITY OF CHAPTER. This chapter applies only to a residential real estate subdivision that: (1) is located wholly or partly in a municipality with a population of more than two million located in a county with a population of 3.3 million or more; and (2) is s…

Sec. 212.003. PROCEDURE FOR SUCCESSIVE EXTENSIONS. (a) Restrictions may be extended under this chapter by the written consent of the owners of a majority of the lots in the subdivision, without respect to the number of lots owned by a particular owner. (b) Consent for the purpose…

Sec. 212.004. EFFECT OF OWNER SIGNATURE. (a) The vote of multiple owners of a lot may be reflected by the signature of one of the owners. (b) After an owner signs a petition or ballot under Section 212.003 or 212.007, the owner's subsequent conveyance of the owner's interest in a…

Sec. 212.005. PROPERTY OWNERS' ASSOCIATION NOT REQUIRED. Restrictions may be extended under this chapter without the creation of or action by a property owners' association, homeowners association, community association, civic club, or similar organization. Added by Acts 2011, 82…

Sec. 212.006. EFFECTIVE DATE OF EXTENSION; LENGTH OF EXTENSION PERIOD. (a) An extension of restrictions under this chapter takes effect on the date the petitions, written ballots, or both, as applicable, sufficient to reflect the consent required by Section 212.003 are filed and …

Sec. 212.007. TERMINATION OF RESTRICTIONS. (a) Restrictions extended under this chapter may be terminated before their expiration date if: (1) the consent of the owners of a majority of the lots in the subdivision to the termination of the restrictions on a specified date is obta…

Sec. 212.008. APPLICABILITY OF EXTENDED RESTRICTIONS. (a) An extension of restrictions under this chapter is binding on all lots and all unplatted real property in the subdivision, without regard to whether the owner or owners of any individual lot or unplatted real property sign…

Sec. 212.009. UNCONSTITUTIONAL RESTRICTIONS NOT EXTENDED. If a provision in restrictions extended under this chapter is void and unenforceable under the United States Constitution, the restrictions are considered as if the void and unenforceable provision was never contained in t…

Sec. 212.010. USE OF ORIGINAL EXTENSION PROCEDURE; PROCEDURES CUMULATIVE. (a) In addition to the procedure provided by this chapter for the extension of restrictions, the procedure provided by the original restrictions for the initial extension of the restrictions, including the …

Sec. 212.011. CONSTRUCTION OF CHAPTER AND EXTENDED RESTRICTIONS. (a) This chapter and any petition or ballot made or action taken in connection with an attempt to comply with this chapter shall be liberally construed to effectuate the intent of this chapter and the petition, ball…

Sec. 214.001. DEFINITIONS. In this chapter: (1) "Current developer" means an owner of one or more tracts or lots in a mixed-use real estate development, or the owner's affiliate, who: (A) is the current declarant in the declaration governing the development; and (B) currently hol…

Sec. 214.002. APPLICABILITY OF CHAPTER. (a) This chapter applies only to a mixed-use real estate development that is located in: (1) a municipality with a population of two million or more; and (2) a county with a population of 3.3 million or more. (b) This chapter does not apply…

Sec. 214.003. AMENDMENT OF DEDICATORY INSTRUMENT. (a) This section supersedes any conflicting requirement in a dedicatory instrument of a mixed-use real estate development. (b) To the extent of any conflict with another provision of this title, this section prevails. (c) Except a…

Sec. 215.001. DEFINITIONS. In this chapter: (1) "Appraised value" means the property value determined by the appraisal district that establishes property values for taxing entities levying taxes on property in a mixed-use development. (2) "Property owners' association" or "associ…

Sec. 215.002. APPLICABILITY OF CHAPTER. (a) This chapter applies to a property owners' association that: (1) includes: (A) commercial properties, including hotel and retail properties, that constitute at least 35 percent of the total appraised property value of the mixed-use deve…

Sec. 215.003. APPLICABILITY OF CHAPTER 209. Chapter 209 does not apply to a property owners' association subject to this chapter. Added by Acts 2011, 82nd Leg., R.S., Ch. 1167 (H.B. 2869), Sec. 1, eff. September 1, 2011. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 673 (H.B. 1824)…

Sec. 215.004. CONFLICTS OF LAW. Notwithstanding any other provision of law, the provisions of this chapter prevail over a conflicting or inconsistent provision of law relating to independent property owners' associations. Added by Acts 2011, 82nd Leg., R.S., Ch. 1167 (H.B. 2869),…

Sec. 215.005. BOARD POWERS. In addition to any other powers provided by applicable law and this chapter, and unless otherwise provided by the dedicatory instruments of the property owners' association, the association, acting through its board of directors, may: (1) adopt and ame…

Sec. 215.006. ANNUAL MEETING OF ASSOCIATION MEMBERS; NOTICE OF ANNUAL OR SPECIAL MEETING. (a) An annual meeting of members of a property owners' association must be conducted in accordance with the association's dedicatory instruments. (b) Unless otherwise provided by a dedicator…

Sec. 215.007. BOARD MEETINGS. (a) A meeting of the board of directors of a property owners' association must be conducted in accordance with the association's dedicatory instruments. (b) Unless otherwise provided by a dedicatory instrument, elected directors who represent the com…

Sec. 215.008. VOTING. (a) The number of votes to which an individual or corporation who is a member of a property owners' association is entitled is determined by the dedicatory instruments of the association. (b) Each corporation or individual who is a member of the property own…

Sec. 215.009. RESTRICTIVE COVENANTS. (a) A property owners' association may enforce its restrictive covenants as follows: (1) by exercising discretionary authority relating to a restrictive covenant unless a court has determined by a preponderance of the evidence that the exercis…

Sec. 215.010. ATTORNEY'S FEES IN BREACH OF RESTRICTIVE COVENANT ACTION. In an action based on breach of a restrictive covenant, the prevailing party is entitled to reasonable attorney's fees, costs, and actual damages. Added by Acts 2011, 82nd Leg., R.S., Ch. 1167 (H.B. 2869), Se…

Sec. 215.011. COMMON AREAS. A property owners' association may adopt reasonable rules regulating common areas. Added by Acts 2011, 82nd Leg., R.S., Ch. 1167 (H.B. 2869), Sec. 1, eff. September 1, 2011.

Sec. 215.012. RESALE CERTIFICATES. A property owners' association shall provide resale certificates only for residential properties and in the manner provided by Section 207.003. Added by Acts 2011, 82nd Leg., R.S., Ch. 1167 (H.B. 2869), Sec. 1, eff. September 1, 2011.

Sec. 215.013. MANAGEMENT CERTIFICATE. (a) A property owners' association shall record in each county in which any portion of the development governed by the association is located a management certificate, signed and acknowledged by an officer of the association, stating: (1) the…

Sec. 215.0135. ASSOCIATION RECORDS. (a) To the extent of any conflict or inconsistency, this section prevails over other provisions of law and the dedicatory instruments of a property owners' association subject to this chapter. This section is the exclusive procedure for a prope…

Sec. 215.014. PRIORITY OF PAYMENTS. Unless otherwise provided in writing by the property owner at the time payment is made, a payment received by a property owners' association from the owner shall be applied to the owner's debt in the following order of priority: (1) any delinqu…

Sec. 215.015. FORECLOSURE. A property owners' association may not foreclose an association assessment lien unless the association first obtains a court order of sale. Added by Acts 2011, 82nd Leg., R.S., Ch. 1167 (H.B. 2869), Sec. 1, eff. September 1, 2011.

Sec. 215.016. NOTICE REQUIRED BEFORE CERTAIN ENFORCEMENT ACTIONS. (a) Before a property owners' association may file a suit against an owner, other than a suit to collect a regular or special assessment or judicial foreclosure under the association's lien, or charge an owner for …

Sec. 215.017. HEARING BEFORE BOARD. (a) Except as provided by Section 215.009(c), if the owner is entitled to an opportunity to cure a violation, the owner has the right to submit a written request for a hearing to discuss and verify facts and resolve the matter at issue before a…

Sec. 215.018. ALTERNATIVE PAYMENT SCHEDULE FOR CERTAIN ASSESSMENTS. (a) A property owners' association shall adopt reasonable guidelines to establish an alternative payment schedule by which an owner may make partial payments to the association for delinquent regular or special a…

Sec. 216.001. DEFINITIONS. In this chapter: (1) "Dedicatory instrument" has the meaning assigned by Section 202.001. (2) "Lienholder" and "owner" have the meanings assigned by Section 201.003. (3) "Older subdivision" means a subdivision described by a recorded map or plat filed b…