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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority to amend restrictions applicable to |
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certain residential subdivisions. |
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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. AUTHORITY OF ASSOCIATION TO AMEND A |
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DEDICATORY INSTRUMENT. (a) A dedicatory instrument created by a |
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developer of a residential subdivision or by a property owners' |
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association in which the developer has a majority of the voting |
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rights or that the developer otherwise controls under the terms of |
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the dedicatory instrument may not prohibit the amendment of any |
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provision of the dedicatory instrument by the property owners' |
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association after the developer no longer controls the association |
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or the board of 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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SECTION 2. 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 Act applies to a dedicatory |
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instrument created before, on, or after the effective date of this |
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Act. |
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SECTION 3. This Act takes effect September 1, 2007. |