Texas Property Code Title 11, Chapter 213 - Modification Or Termination Of Restrictions In Certain Real Estate Developments By Property Owners' Association Or Property Owner Petition

• Texas Section 213.001 - Definitions
  In this chapter: (1) "Amenity property" means real property the use of which is restricted by a dedicatory instrument to use as a golf course...
• Texas Section 213.002 - Findings And Purpose
  (a) The legislature finds that: (1) a restriction on the use of an amenity property may create uncertainty if the owners of an amenity property...
• Texas Section 213.003 - Modification Or Termination By Petition
  (a) Except as provided by Subsection (b), a restriction on the use of an amenity property may be modified or terminated by petition in accordance...
• Texas Section 213.004 - Prerequisites For Circulation
  A petition may not be circulated under this chapter unless: (1) for a continuous period of at least 36 months, the amenity property has not...
• Texas Section 213.005 - Petition Circulator
  A petition authorized by Section 213.003 may be circulated by: (1) an owner; (2) a property owners' association that owns and manages the amenity property;...
• Texas Section 213.006 - Contents Of Petition
  (a) The petition must include all relevant information about the proposed modification or termination, including: (1) the name of the development, if any; (2) the...
• Texas Section 213.007 - Circulation Procedure
  (a) A petition circulator shall deliver a copy of the petition to: (1) all owners of: (A) each lot or parcel of real property in...
• Texas Section 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...
• Texas Section 213.009 - Delivery Of Signed Statement
  (a) The petition circulator must accept a signed statement described by Section 213.008 that is delivered: (1) in person under Section 213.006(b) or otherwise; (2)...
• Texas Section 213.010 - Certification Of Results By Recorded Affidavit
  (a) The petition circulator shall certify the result of the votes by filing an affidavit with the county clerk of the county in which the...
• Texas Section 213.011 - Notice
  (a) The recording of the affidavit required by Section 213.010 constitutes notice that the restriction is modified or terminated. (b) Notwithstanding Subsection (a), the petition...
• Texas Section 213.012 - Effective Date Of Modification Or Termination
  The modification or termination of the restriction takes effect on the later of: (1) the date the affidavit required by Section 213.010 is filed with...
• Texas Section 213.013 - Documentation Available
  At least one year after the date the affidavit is filed with the county clerk, the petition circulator shall make available for inspection and copying...
• Texas Section 213.014 - Expiration
  This chapter expires September 1, 2021. Added by Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 23, eff. September 1, 2015.

Last modified: September 28, 2016