Texas Property Code 208.006 – Method of Voting
(a) An amendment or termination of a restrictive covenant must be voted on:
(1) by a written ballot that states the substance of the amendment or termination of the restrictive covenant and specifies the date by which the historic neighborhood preservation association must receive a ballot for the ballot to be counted;
(2) at a meeting of the historic neighborhood preservation association;
(3) by circulation of a petition by the historic neighborhood preservation association or a person authorized by the historic neighborhood preservation association; or
(4) by any combination of methods described by this subsection.
(b) If the vote occurs at a meeting of the historic neighborhood preservation association under Subsection (a)(2), the historic neighborhood preservation association shall:
(1) before the meeting, deliver written notice of the meeting stating the purpose of the meeting to each owner of property subject to the common scheme for preservation of historic property; and
(2) provide each owner of property subject to the common scheme for preservation with the opportunity to appear and vote at the meeting.
Terms Used In Texas Property Code 208.006
- 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.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Signature: includes the mark of a person unable to write, and "subscribe" includes the making of such a mark. See Texas Government Code 312.011
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The historic neighborhood preservation association shall provide for the mailing to each owner, as applicable:
(1) the ballot under Subsection (a)(1);
(2) notice of the meeting under Subsection (a)(2); or
(3) the petition under Subsection (a)(3).
(d) The vote of multiple owners of a property may be reflected by signature or vote of one of the owners.
(e) The historic neighborhood preservation association shall record a copy of the ballot or petition, as applicable, in the real property records of the county in which the historic neighborhood is located before the vote of the owners.