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Tex. Prop. Code § 216.003

APPLICABILITY OF CHAPTER

Added by Acts 2023, 88th Leg., R.S., Ch. 691 (H.B. 1558), Sec. 1, eff

(a) This chapter applies only to an older subdivision that:

(1) is wholly or partly located in a municipality with a population of two million or more;

(2) had original restrictions that:

(A) for at least one section of the subdivision, did not have an express procedure that provides for successive extensions of the restrictions;

(B) did not have an express procedure for amending the restrictions;

(C) under the common law of this state could not be amended without the unanimous consent of:

(i) all owners in the subdivision; or

(ii) all owners in any section of the subdivision; and

(D) may no longer be valid due to an inability to extend or amend the restrictions; and

(3) has a single property owners' association in which all owners in the subdivision are eligible for membership but in which membership is not mandatory.

(b) This chapter applies to a restriction regardless of the date on which the restriction was created.

(c) This chapter supersedes any contrary requirement for the extension or amendment of a restriction in a dedicatory instrument of a subdivision to which this chapter applies.

(d) This chapter does not apply to:

(1) a residential subdivision described by Section 209.0041(b);

(2) a condominium, as defined by Section 81.002 or 82.003;

(3) any portion of a residential subdivision in which restrictions are no longer enforceable due to nonresidential use; or

(4) property that is owned by a university that was owned by the university on the effective date of this chapter.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.