Sec. 213.008. VOTE ON PROPOSAL. (a) The modification or termination of the restriction is adopted if the owners of at least 75 percent of the total number, as applicable, of the lots or parcels of land and the units or apartments of condominiums in the development, including the owner of the amenity property, vote in favor of the modification or termination of the restriction.
(b) An owner may cast a vote only by delivering to the petition circulator in accordance with Section 213.009 a signed statement that includes:
(1) the owner's name, the legal description or street address of the owner's property, and the owner's mailing address;
(2) a statement that the owner holds record title to the property;
(3) if more than one person owns an interest in the property, the name and mailing address of each co-owner; and
(4) a statement indicating whether the owner is in favor of or against the modification or termination proposed by the petition.
(c) An owner may vote only in favor of or against the modification or termination as proposed in the petition.
(d) If more than one person owns an interest in a lot or parcel of land or a unit or apartment of a condominium, the owners may cast only one vote for that lot, parcel, unit, or apartment. Except as otherwise provided by this subsection, the vote of multiple owners in favor of or against the modification or termination may be reflected by the signatures of a majority of the co-owners who return a signed statement. The vote of owners who are married may be reflected by the signature of only one of those owners.
(e) A person whose only property interest in a lot or parcel of land or unit or apartment of a condominium is that of a contract purchaser, lienholder, or mineral interest holder may not cast a vote for that property under this chapter.
(f) A vote may be counted only if the vote is received before the deadline stated in the petition as required by Section 213.006(b).
(g) The signed statement of an owner conclusively establishes that:
(1) the petition was received by the owner in accordance with Section 213.007; and
(2) the statement accurately reflects the vote of the owner.
Added by Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 23, eff. September 1, 2015.
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