(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.

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Terms Used In Texas Property Code 216.003

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
  • Property: means real and personal property. See Texas Government Code 311.005

(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 § 209.0041(b);
(2) a condominium, as defined by § 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.

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