Restrictive Covenants Applicable to Certain Subdivisions

Title 11, Section 201

According to Section 201.001 (see below):

(a) This chapter applies to a residential real estate subdivision that is located in whole or in part:

(1) within a city that has a population of more than 100,000, or within the extraterritorial jurisdiction of such a city;

(2) in the unincorporated area of:(A) a county having a population of 3.3 million or more; or(B) a county having a population of 40,000 or more that is adjacent to a county having a population of 3.3 million or more; or

(3) in the incorporated area of a county having a population of 40,000 or more that is adjacent to a county having a population of 3.3 million or more.

(b) The provisions of this chapter relating to extension of the term of, renewal of, or creation of restrictions do not apply to a subdivision if, by the express terms of the instrument creating existing restrictions, some or all of the restrictions affecting the real property within the subdivision provide:

(1) for automatic extensions of the term of the restrictions for an indefinite number of successive specified periods of at least 10 years subject to a right of waiver or termination, in whole or in part, by a specified percentage of less than 50 percent plus one of the owners of real property interests in the subdivision, as set forth in the instrument creating the restrictions; or

(2) for an indefinite number of successive extensions of at least 10 years of the term of the restrictions by written and filed agreement of a specified percentage of less than 50 percent plus one of the owners of real property interests in the subdivision, as authorized by the instrument creating the restrictions.

(c) The provisions of this chapter relating to addition to or modification of existing restrictions do not apply to a subdivision if, by the express terms of the instrument creating the restrictions, the restrictions affecting the real property within the subdivision provide for addition to or modification of the restrictions by written and filed agreement of a specified percentage of less than 75 percent of the owners of real property interests in the subdivision, as set forth in the instrument creating the restrictions. A subdivision is excluded under this subsection regardless of whether a provision in the restrictions requires the consent of the developer of the subdivision or an architectural control committee for an addition to or modification of the restrictions.

(d) A residential real estate subdivision that is or was subject to this chapter at any time remains subject to this chapter regardless of a change in circumstances that removes the subdivision from the applicability requirements of Subsection (a).

Section Name Section Number
Application 201.001
Findings and Purpose 201.002
Definitions 201.003
Extension, Renewal, Creation, Modification of, or Addition to, Restrictions 201.004
Petition Committee 201.005
Special Petition Approval Required for Certain Restrictions 201.0051
Petition Procedure 201.006
Contents of Petition 201.007
Notice and Certificate of Compliance 201.008
Property Within Subdivision Not Affected By Petition 201.009
Action and Limitations of Remedies 201.010
Prohibition of Claim of Lack of Mutuality 201.011
Multiple Filing; Computation of Filing Date 201.012
Cumulative Effect 201.013

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