Powers of Property Owners’ Association Relating to Restrictive Covenants in Certain Subdivisions

Under the Application Section 204.002 (see below):

(a) This chapter applies only to a residential real estate subdivision, excluding a condominium development governed by Title 7, Property Code, that is located in whole or in part:

(1) in a county with a population of 3.3 million or more;

(2) in a county with a population of not less than 285,000 and not more than 300,000 that is adjacent to the Gulf of Mexico and that is adjacent to a county having a population of 3.3 million or more; or

(3) in a county with a population of 275,000 or more that:

(A) is adjacent to a county with a population of 3.3 million or more; and

(B) contains part of a national forest.

(b) This chapter applies to a restriction regardless of its effective date.

(c) This chapter does not apply to portions of a subdivision that are zoned for or that contain a commercial structure, an industrial structure, an apartment complex, or a condominium development governed by Title 7, Property Code. For purposes of this subsection, "apartment complex" means two or more dwellings in one or more buildings that are owned by the same owner, located on the same lot or tract, and managed by the same owner, agent, or management company.

Title 11, Chapter 204

Section Name Section Number
Definitions 204.001
Application 204.002
Application of Provisions of Restrictive Covenants in Certain Circumstances 204.003
Property Owners' Association 204.004
Extension of, Addition to, or Modification of Existing Restrictions 204.005
Creation of Property Owners' Association 204.006
Effect on Lienholders 204.007
Method of Adoption 204.008
Texas Nonprofit Corporations 204.009
Powers of Property Owners' Association 204.010
Architectural Control Committee 204.011

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