Tex. Property Code § 216.003
This is the official text of Tex. Property Code § 216.003, part of Texas’s Property Code — governs real property, landlord-tenant law, and property transactions.
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§ 216.003. APPLICABILITY OF CHAPTER.
Official statutory text
(a) This chapter applies only to an older subdivision that:
(1) is wholly or partly located in a municipality with a population of two million or more;
(2) had original restrictions that:
(A) for at least one section of the subdivision, did not have an express procedure that provides for successive extensions of the restrictions;
(B) did not have an express procedure for amending the restrictions;
(C) under the common law of this state could not be amended without the unanimous consent of:
(i) all owners in the subdivision; or
(ii) all owners in any section of the subdivision; and
(D) may no longer be valid due to an inability to extend or amend the restrictions; and
(3) has a single property owners' association in which all owners in the subdivision are eligible for membership but in which membership is not mandatory.
(b) This chapter applies to a restriction regardless of the date on which the restriction was created.
(c) This chapter supersedes any contrary requirement for the extension or amendment of a restriction in a dedicatory instrument of a subdivision to which this chapter applies.
(d) This chapter does not apply to:
(1) a residential subdivision described by Section 209.0041(b);
(2) a condominium, as defined by Section 81.002 or 82.003;
(3) any portion of a residential subdivision in which restrictions are no longer enforceable due to nonresidential use; or
(4) property that is owned by a university that was owned by the university on the effective date of this chapter.
(1) is wholly or partly located in a municipality with a population of two million or more;
(2) had original restrictions that:
(A) for at least one section of the subdivision, did not have an express procedure that provides for successive extensions of the restrictions;
(B) did not have an express procedure for amending the restrictions;
(C) under the common law of this state could not be amended without the unanimous consent of:
(i) all owners in the subdivision; or
(ii) all owners in any section of the subdivision; and
(D) may no longer be valid due to an inability to extend or amend the restrictions; and
(3) has a single property owners' association in which all owners in the subdivision are eligible for membership but in which membership is not mandatory.
(b) This chapter applies to a restriction regardless of the date on which the restriction was created.
(c) This chapter supersedes any contrary requirement for the extension or amendment of a restriction in a dedicatory instrument of a subdivision to which this chapter applies.
(d) This chapter does not apply to:
(1) a residential subdivision described by Section 209.0041(b);
(2) a condominium, as defined by Section 81.002 or 82.003;
(3) any portion of a residential subdivision in which restrictions are no longer enforceable due to nonresidential use; or
(4) property that is owned by a university that was owned by the university on the effective date of this chapter.
Status: in_force · Read it on the official government site
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