Texas Property Code - Section 202.007. Certain Restrictive Covenants Prohibited
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Texas Laws > Property Code > Texas Property Code - Section 202.007. Certain Restrictive Covenants Prohibited
Section: 201.013 202.001 202.002 202.003 202.004 202.005 202.006 202.007 202.009 203.001 203.002 203.003 203.004 203.005 204.001
§ 202.007. CERTAIN RESTRICTIVE COVENANTS
PROHIBITED. (a) A property owners' association may not include or
enforce a provision in a dedicatory instrument that prohibits or
restricts a property owner from:
(1) implementing measures promoting solid-waste
composting of vegetation, including grass clippings, leaves, or
brush, or leaving grass clippings uncollected on grass;
(2) installing rain barrels or a rainwater harvesting
(3) implementing efficient irrigation systems,
including underground drip or other drip systems.
(b) A provision that violates Subsection (a) is void.
(c) A property owners' association may restrict the type of
turf used by a property owner in the planting of new turf to
encourage or require water-conserving turf.
(d) This section does not:
(1) restrict a property owners' association from
regulating the requirements, including size, type, shielding, and
materials, for or the location of a composting device, rain barrel,
rain harvesting device, or any other appurtenance if the
restriction does not prohibit the economic installation of the
device or appurtenance on the property owner's property where there
is reasonably sufficient area to install the device or
(2) require a property owners' association to permit a
device or appurtenance described by Subdivision (1) to be installed
in or on property:
(A) owned by the property owners' association;
(B) owned in common by the members of the
property owners' association; or
(C) in an area other than the fenced yard or patio
of a property owner;
(3) prohibit a property owners' association from
regulating the installation of efficient irrigation systems,
including establishing visibility limitations for aesthetic
(4) prohibit a property owners' association from
regulating the installation or use of gravel, rocks, or cacti; or
(5) restrict a property owners' association from
regulating yard and landscape maintenance if the restrictions or
requirements do not restrict or prohibit turf or landscaping design
that promotes water conservation.
(e) This section does not apply to a property owners'
(1) is located in a municipality with a population of
more than 175,000 that is located in a county in which another
municipality with a population of more than one million is
predominantly located; and
(2) manages or regulates a development in which at
least 4,000 acres of the property is subject to a covenant,
condition, or restriction designating the property for commercial
use, multifamily dwellings, or open space.
Added by Acts 2003, 78th Leg., ch. 1024, § 1, eff. Sept. 1, 2003.
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Last modified: August 11, 2007