Texas Property Code 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’ association is not required to comply with Sections 201.009-201.012.
(b) A petition to extend, add to, or modify existing restrictions approved and circulated by a property owners’ association is effective if:
(1) the petition is approved by the owners, excluding lienholders, contract purchasers, and the owners of mineral interests, of at least 75 percent of the real property in the subdivision or a smaller percentage required by the original dedicatory instrument; and
(2) the petition is filed as a dedicatory instrument with the county clerk of the county in which the subdivision is located.
Terms Used In Texas Property Code 204.005
- Contract: A legal written agreement that becomes binding when signed.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Signature: includes the mark of a person unable to write, and "subscribe" includes the making of such a mark. See Texas Government Code 312.011
(c) If a subdivision consisting of multiple sections, each with its own restrictions, is represented by a single property owners’ association, the approval requirement may be satisfied by obtaining approval of at least 75 percent of the owners on a section-by-section basis or of the total number of properties in the property owners’ association’s jurisdiction.
(d) If approved, the petition is binding on all properties in the subdivision or section, as applicable.
(e) A property owners’ association that circulates a petition must notify all record owners of property in the subdivision in writing of the proposed extension, addition to, or modification of the existing restrictions. Notice may be hand-delivered to residences within the subdivision or sent by regular mail to the owner’s last known mailing address as reflected in the ownership records maintained by the property owners’ association. The approval of multiple owners of a property may be reflected by the signature of a single co-owner.