|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the extension of, addition to, or modification of |
|
|
existing restrictive covenants in certain residential |
|
|
subdivisions. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 204.003, Property Code, is amended to |
|
|
read as follows: |
|
|
Sec. 204.003. PROVISIONS OF RESTRICTIVE COVENANTS PREVAIL |
|
|
IN CERTAIN CIRCUMSTANCES. (a) An express designation in a |
|
|
document creating restrictions applicable to a residential real |
|
|
estate subdivision that provides for the extension of, addition to, |
|
|
or modification of existing restrictions by a designated number of |
|
|
owners of real property in the subdivision prevails over the |
|
|
provisions of this chapter. |
|
|
(b) Notwithstanding Subsection (a), for a residential |
|
|
subdivision described by Subsection (c), the provisions of this |
|
|
chapter prevail over an express designation in a document described |
|
|
by Subsection (a) if: |
|
|
(1) the designated number of owners of real property |
|
|
in the subdivision required for approval of an extension of, |
|
|
addition to, or modification of the document is more than 75 |
|
|
percent; or |
|
|
(2) the designation prohibits the extension of, |
|
|
addition to, or modification of an existing restriction for a |
|
|
certain time period and that time period has not expired. |
|
|
(c) Subsection (b) applies to a residential subdivision |
|
|
that is located in a county described by Section 204.002(a)(3) |
|
|
other than a gated community with private streets. |
|
|
SECTION 2. This Act takes effect September 1, 2007. |