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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers of a property owners' association relating |
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to restrictive covenants in certain subdivisions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 204.003, Property Code, is amended to |
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read as follows: |
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(a) An express designation in a document creating |
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restrictions applicable to a residential real estate subdivision |
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that provides for the extension of, addition to, or modification of |
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existing restrictions by a designated number of owners of real |
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property in the subdivision prevails over the provisions of this |
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chapter. |
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(b) Notwithstanding Subsection (a), where the document |
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creating restrictions provides for the extension of, addition to, |
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or modification of existing restrictions: |
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(1) by a designated number of owners greater than 75 |
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percent; or |
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(2) only after a designated number of years, and prior |
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to such times exists a "freeze out" period when the restrictions |
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cannot be extended, added to, or modified until after the |
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expiration of such designated numbers of years; |
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Then the provisions of Chapter 204 shall apply to allow for |
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the extension of, addition to, or modification of the restrictions |
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as prescribed by the provisions of Chapter 204 and shall prevail |
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over the express provisions of the restrictions. |
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(c) The provisions found in Chapter 204.003 (b) shall only |
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apply to: |
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(1) counties defined by Chapter 204.002(a)(3); and |
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(2) residential real estate subdivisions within said |
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counties which are not gated communities with private streets. |
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SECTION 2. This Act takes effect September 1, 2007 |