Texas Property Code 214.003 – Amendment of Dedicatory Instrument
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(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.
Terms Used In Texas Property Code 214.003
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Property: means real and personal property. See Texas Government Code 311.005
(c) Except as provided by Subsection (d), a declaration of a mixed-use real estate development may be amended only by a vote of a majority of the total votes allocated to property owners entitled to vote on the amendment of the declaration.
(d) If the declaration contains a lower approval requirement than prescribed by Subsection (c), the approval requirement in the declaration controls. If the declaration is silent as to voting rights for an amendment, the declaration may be amended by a vote of a majority of the total votes allocated to property owners entitled to vote on the amendment of the declaration.
(e) While the mixed-use real estate development has a current developer, an amendment made to the declaration under this section requires the current developer to consent to the amendment to be valid.
(f) A bylaw of a mixed-use real estate development may not be amended to conflict with this section.