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A BILL TO BE ENTITLED
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AN ACT
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relating to restrictive covenants that grant easements to certain |
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property owners' associations. |
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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: |
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(1) remedy a violation of the dedicatory instrument; |
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or |
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(2) take any other enforcement action related to a |
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violation of the dedicatory instrument. |
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SECTION 2. 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 3. This Act takes effect September 1, 2007. |