Texas Property Code 216.007 – Consent Required for Extension or Amendment of Restrictions
(a) A restriction may be extended or amended by a petition or ballots that indicate the written consent of the owners of at least 66.6 percent of the total number of separately owned parcels or tracts in the subdivision, regardless of whether the parcels or tracts contain part or all of one or more platted lots or combination of lots, but not including any parcels or tracts excluded from applicability of this chapter under § 216.003(d).
(b) A restriction that is extended or amended as described by Subsection (a) applies to all sections of the subdivision other than property excluded from applicability of this chapter under § 216.003(d) to the extent that the extended or amended restriction expressly applies to the entire subdivision, regardless of whether:
(1) each section has separate restrictions; or
(2) each owner is a member of the property owners’ association.
Terms Used In Texas Property Code 216.007
- Property: means real and personal property. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) If the original restrictions for a subdivision contain a lower percentage to extend or amend the restrictions, the percentage in the original restrictions controls.