Texas § PR.216.007 - CONSENT REQUIRED FOR EXTENSION OR AMENDMENT OF RESTRICTIONS

§ PR.216.007. CONSENT REQUIRED FOR EXTENSION OR AMENDMENT OF RESTRICTIONS

CONSENT REQUIRED FOR EXTENSION OR AMENDMENT OF RESTRICTIONS. (a) A restriction may be extended or amended by a petition or ballots that indicate the written consent of the owners of at least 66.6 percent of the total number of separately owned parcels or tracts in the subdivision, regardless of whether the parcels or tracts contain part or all of one or more platted lots or combination of lots, but not including any parcels or tracts excluded from applicability of this chapter under Section 216.003 (d). (b) A restriction that is extended or amended as described by Subsection (a) applies to all sections of the subdivision other than property excluded from applicability of this chapter under Section 216.003 (d) to the extent that the extended or amended restriction expressly applies to the entire subdivision, regardless of whether: (1) each section has separate restrictions; or (2) each owner is a member of the property owners' association. (c) If the original restrictions for a subdivision contain a lower percentage to extend or amend the restrictions, the percentage in the original restrictions controls. Added by Acts 2023, 88th Leg., R.S., Ch. 691 (H.B. 1558 ), Sec. 1, eff. June 12, 2023.