Tex. Prop. Code Section 209.002
Definitions


In this chapter:

(1)

“Assessment” means a regular assessment, special assessment, or other amount a property owner is required to pay a property owners’ association under the dedicatory instrument or by law.

(2)

“Board” means the governing body of a property owners’ association.

(3)

“Declaration” means an instrument filed in the real property records of a county that includes restrictive covenants governing a residential subdivision.

(4)

“Dedicatory instrument” means each governing instrument covering the establishment, maintenance, and operation of a residential subdivision. The term includes restrictions or similar instruments subjecting property to restrictive covenants, bylaws, or similar instruments governing the administration or operation of a property owners’ association, to properly adopted rules and regulations of the property owners’ association, and to all lawful amendments to the covenants, bylaws, rules, or regulations.

(4-a)

“Development period” means a period stated in a declaration during which a declarant reserves:

(A)

a right to facilitate the development, construction, and marketing of the subdivision; or

(B)

a right to direct the size, shape, and composition of the subdivision.

(5)

“Lot” means any designated parcel of land located in a residential subdivision, including any improvements on the designated parcel.

(5-a)

“Management company” means a person or entity established or contracted to provide management or administrative services on behalf of a property owners’ association.

(6)

“Owner” means a person who holds record title to property in a residential subdivision and includes the personal representative of a person who holds record title to property in a residential subdivision.

(7)

“Property owners’ association” or “association” means an incorporated or unincorporated association that:

(A)

is designated as the representative of the owners of property in a residential subdivision;

(B)

has a membership primarily consisting of the owners of the property covered by the dedicatory instrument for the residential subdivision; and

(C)

manages or regulates the residential subdivision for the benefit of the owners of property in the residential subdivision.

(8)

“Regular assessment” means an assessment, a charge, a fee, or dues that each owner of property within a residential subdivision is required to pay to the property owners’ association on a regular basis and that is designated for use by the property owners’ association for the benefit of the residential subdivision as provided by the restrictions.

(9)

“Residential subdivision” or “subdivision” means a subdivision, planned unit development, townhouse regime, or similar planned development in which all land has been divided into two or more parts and is subject to restrictions that:

(A)

limit a majority of the land subject to the dedicatory instruments, excluding streets, common areas, and public areas, to residential use for single-family homes, townhomes, or duplexes only;

(B)

are recorded in the real property records of the county in which the residential subdivision is located; and

(C)

require membership in a property owners’ association that has authority to impose regular or special assessments on the property in the subdivision.

(10)

“Restrictions” means one or more restrictive covenants contained or incorporated by reference in a properly recorded map, plat, replat, declaration, or other instrument filed in the real property records or map or plat records. The term includes any amendment or extension of the restrictions.

(11)

“Restrictive covenant” means any covenant, condition, or restriction contained in a dedicatory instrument, whether mandatory, prohibitive, permissive, or administrative.

(12)

“Special assessment” means an assessment, a charge, a fee, or dues, other than a regular assessment, that each owner of property located in a residential subdivision is required to pay to the property owners’ association, according to procedures required by the dedicatory instruments, for:

(A)

defraying, in whole or in part, the cost, whether incurred before or after the assessment, of any construction or reconstruction, unexpected repair, or replacement of a capital improvement in common areas owned by the property owners’ association, including the necessary fixtures and personal property related to the common areas;

(B)

maintenance and improvement of common areas owned by the property owners’ association; or

(C)

other purposes of the property owners’ association as stated in its articles of incorporation or the dedicatory instrument for the residential subdivision.

(13)

“Verified mail” means any method of mailing for which evidence of mailing is provided by the United States Postal Service or a common carrier.
Added by Acts 2001, 77th Leg., ch. 926, Sec. 1, eff. Jan. 1, 2002.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 863 (H.B. 503), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 4, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 9, eff. September 1, 2021.

Source: Section 209.002 — Definitions, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­209.­htm#209.­002 (accessed Nov. 25, 2023).

209.001
Short Title
209.002
Definitions
209.003
Applicability of Chapter
209.004
Management Certificates
209.005
Association Records
209.006
Notice Required Before Enforcement Action
209.007
Hearing Before Board
209.008
Attorney’s Fees
209.009
Foreclosure Sale Prohibited in Certain Circumstances
209.010
Notice After Foreclosure Sale
209.011
Right of Redemption After Foreclosure
209.012
Restrictive Covenants Granting Easements to Certain Property Owners’ Associations
209.013
Authority of Association to Amend Dedicatory Instrument
209.014
Mandatory Election Required After Failure to Call Regular Meeting
209.015
Regulation of Land Use: Residential Purpose
209.016
Regulation of Residential Leases or Rental Agreements
209.017
Justice Court Jurisdiction
209.0041
Adoption or Amendment of Certain Dedicatory Instruments
209.0042
Methods of Providing Notices to Owners
209.0051
Open Board Meetings
209.0052
Association Contracts
209.0055
Voting
209.0056
Notice of Election or Association Vote
209.0057
Recount of Votes
209.0058
Ballots
209.0059
Right to Vote
209.0061
Association Policy
209.0062
Alternative Payment Schedule for Certain Assessments
209.0063
Priority of Payments
209.0064
Third Party Collections
209.0065
Credit Reporting Services
209.0091
Prerequisites to Foreclosure: Notice and Opportunity to Cure for Certain Other Lienholders
209.0092
Judicial Foreclosure Required
209.0093
Removal or Adoption of Foreclosure Authority
209.0094
Assessment Lien Filing
209.00505
Architectural Review Authority
209.00591
Board Membership
209.00592
Voting
209.00593
Election of Board Members
209.00594
Tabulation of and Access to Ballots

Accessed:
Nov. 25, 2023

§ 209.002’s source at texas​.gov