78R2593 QS-D
By: Solomons H.B. No. 2200
A BILL TO BE ENTITLED
AN ACT
relating to restrictions on apartment owners in a condominium
regime relating to club membership.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 81, Property Code, is
amended by adding Section 81.112 to read as follows:
Sec. 81.112. RESTRICTION RELATING TO CLUB MEMBERSHIP. (a)
A provision of a declaration, master deed, or master lease that
requires owners of apartments in a condominium regime to maintain a
membership in a specified private club is not valid after the 10th
anniversary of the date the provision is recorded or renewed unless
renewed after the ninth anniversary of that date at a meeting of the
apartment owners at which the renewal is approved by the holders of
at least 67 percent of the ownership interests in the condominium
and the text of the renewed provision is recorded in the real
property records of each county in which the condominium is
located.
(b) A provision described by this section may not be enacted
or renewed as a bylaw by a council of owners.
SECTION 2. Subchapter B, Chapter 82, Property Code, is
amended by adding Section 82.0675 to read as follows:
Sec. 82.0675. RESTRICTION RELATING TO CLUB MEMBERSHIP. (a)
A provision of a declaration that requires owners of units in a
condominium to maintain a membership in a specified private club is
not valid after the 10th anniversary of the date the provision is
recorded or renewed unless renewed after the ninth anniversary of
that date in the manner provided by the declaration for amending the
declaration and the text of the renewed provision is filed in the
real property records of each county in which the condominium is
located.
(b) A provision described by this section may not be enacted
or renewed as a bylaw by the unit owners' association.
SECTION 3. The change in law made by this Act applies only
to a declaration, master deed, master lease, or bylaw relating to
club membership that is recorded, enacted, or renewed on or after
the effective date of this Act. A declaration, master deed, master
lease, or bylaw that was recorded, enacted, or renewed before the
effective date of this Act is governed by the law in effect at the
time it was recorded, enacted, or renewed, and the former law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2003.