Sec. 211.002. APPLICABILITY OF CHAPTER. (a) This chapter applies only to a residential real estate subdivision or any unit or parcel of a subdivision:
(1) all or part of which is located within an unincorporated area of a county if the county has a population of less than 65,000;
(2) all of which is located within the extraterritorial jurisdiction of a municipality located in a county that has a population of at least 65,000 and less than 135,000;
(3) all of which is located within the extraterritorial jurisdiction of a municipality located in a county that borders Lake Buchanan and has a population of at least 18,500 and less than 19,500; or
(4) all or part of which is located within a county that borders Lake Livingston and has a population of less than 50,000.
(b) This chapter applies only to restrictions that affect real property within a residential real estate subdivision or any units or parcels of the subdivision and that, by the express terms of the instrument creating the restrictions:
(1) are not subject to a procedure by which the restrictions may be amended;
(2) may not be amended without the unanimous consent of:
(A) all property owners in the subdivision; or
(B) all property owners in any unit or parcel of the subdivision; or
(3) may not be amended without a written instrument that is:
(A) signed by a majority or more than a majority of the owners of the lots in the subdivision; and
(B) filed in the real property records of each county in which all or part of the subdivision is located.
(b-1) In addition to restrictions and units or parcels of a subdivision that are subject to this chapter under Subsection (b), this chapter applies to restrictions that affect real property within a residential real estate subdivision or any units or parcels of the subdivision and that, by the express terms of the instrument creating the restrictions, provide that amendments to the restrictions are not operative or effective until a specified date or the expiration of a specified period. An amendment under this chapter of a restriction described by this subsection is effective as provided by this chapter, regardless of whether the date specified in the restrictions has occurred or the period prescribed by the restrictions has expired. This subsection expires September 1, 2019.
(c) This chapter applies to a restriction regardless of the date on which it was created.
(d) An amendment of a restriction under this chapter is effective on the filing of an instrument reflecting the amendment in the real property records of each county in which all or part of the subdivision is located after the approval of the owners in accordance with the amendment procedure adopted under Section 211.004.
Added by Acts 2005, 79th Leg., Ch. 1077 (H.B. 1631), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1125 (H.B. 232), Sec. 2, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1242 (S.B. 1853), Sec. 2, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 901 (S.B. 1852), Sec. 1, eff. June 18, 2015.
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