Tex.
Prop. Code Section 216.003
Applicability of Chapter
(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 (Adoption or Amendment of Certain Dedicatory Instruments)(b);(2)
a condominium, as defined by Section 81.002 (Definitions) or 82.003 (Definitions);(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.
Source:
Section 216.003 — Applicability of Chapter, https://statutes.capitol.texas.gov/Docs/PR/htm/PR.216.htm#216.003 (accessed Jun. 5, 2024).
