This section says how a restrictive covenant amendment or termination must be voted on and what notice, mailing, voting, and recordkeeping steps the historic neighborhood preservation association must follow.
Sec. 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. (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. Added by Acts 1999, 76th Leg., ch. 871, Sec. 2, eff. June 18, 1999. Renumbered from Sec. 207.006 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(98), eff. Sept. 1, 2001.