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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority granted to certain property owners' |
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associations in dedicatory instruments and restrictive covenants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 209, Property Code, is amended by adding |
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Section 209.012 to read as follows: |
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Sec. 209.012. RESTRICTIVE COVENANTS GRANTING EASEMENTS TO |
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CERTAIN PROPERTY OWNERS' ASSOCIATIONS. (a) A property owners' |
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association may not amend a dedicatory instrument to grant the |
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property owners' association an easement through or over an owner's |
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lot without the consent of the owner. |
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(b) This section does not prohibit a property owners' |
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association from adopting or enforcing a restriction in a |
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dedicatory instrument that allows the property owners' association |
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to access an owner's lot to remedy a violation of the dedicatory |
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instrument. |
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SECTION 2. (a) Chapter 209, Property Code, is amended by |
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adding Section 209.013 to read as follows: |
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Sec. 209.013. AUTHORITY OF ASSOCIATION TO AMEND DEDICATORY |
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INSTRUMENT. (a) A dedicatory instrument created by a developer of |
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a residential subdivision or by a property owners' association in |
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which the developer has a majority of the voting rights or that the |
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developer otherwise controls under the terms of the dedicatory |
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instrument may not prohibit the amendment of any provision of the |
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dedicatory instrument by the property owners' association after the |
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developer no longer controls the association or the board of |
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directors. |
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(b) A provision in a dedicatory instrument that violates |
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this section is void and unenforceable. |
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(b) Except as specifically provided by a dedicatory |
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instrument in a provision that existed before the effective date of |
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this Act, the change in law made by this section applies to a |
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dedicatory instrument created before, on, or after the effective |
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date of this Act. |
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SECTION 3. Section 209.012, Property Code, as added by this |
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Act, applies only to an easement granted by a dedicatory instrument |
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on or after the effective date of this Act. An easement granted by a |
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dedicatory instrument before the effective date of this Act is |
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governed by the law in effect immediately before the effective date |
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of this Act, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |