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Texas Property Code - PROP § 216.003. Applicability of Chapter

Current as of January 01, 2024 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Texas Property Code - PROP § 216.003. Applicability of Chapter - last updated January 01, 2024 | https://codes.findlaw.com/tx/property-code/prop-sect-216-003/

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