Section 216.003 - Applicability Of Chapter(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. Tex. Prop. Code § 216.003
Added by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 691,Sec. 1, eff. 6/12/2023.