§ 216.003 — APPLICABILITY OF CHAPTER.

Texas § 216.003

• Jurisdiction: Texas
• Code PR: Property Code

Text

Sec. 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 (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.

Legislative History

Added by Acts 2023, 88th Leg., R.S., Ch. 691 (H.B. 1558 ), Sec. 1, eff. June 12, 2023.