This section limits how certain declarations in covered residential subdivisions may be amended and bars bylaws from conflicting with the declaration.
Sec. 209.0041. ADOPTION OR AMENDMENT OF CERTAIN DEDICATORY INSTRUMENTS. (a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1183 , Sec. 24, eff. September 1, 2015. (b) This section applies to a residential subdivision in which property owners are subject to mandatory membership in a property owners' association. (c) This section does not apply to a property owners' association that is subject to Chapter 552, Government Code, by application of Section 552.0036, Government Code. (d) This section does not apply to the amendment of a declaration during a development period. (d-1) This section does not apply to an amendment of a declaration if the amendment would affect a portion of a subdivision that is zoned for or that contains, or previously contained as specifically allowed under the declaration, a commercial structure, an industrial structure, an apartment complex, or a condominium as defined by Section 81.002 or 82.003. For purposes of this subsection, "apartment complex" means two or more dwellings in one or more buildings that are owned by the same owner, located on the same lot or tract, and managed by the same owner, agent, or management company. (e) This section applies to a dedicatory instrument regardless of the date on which the dedicatory instrument was created. (f) This section supersedes any contrary requirement in a dedicatory instrument. (g) To the extent of any conflict with another provision of this title, this section prevails. (h) Except as provided by Subsection (h-1) or (h-2), a declaration may be amended only by a vote of 67 percent of the total votes allocated to property owners entitled to vote on the amendment of the declaration, in addition to any governmental approval required by law. (h-1) If the declaration contains a lower percentage than prescribed by Subsection (h), the percentage in the declaration controls. (h-2) If the declaration is silent as to voting rights for an amendment, the declaration may be amended by a vote of owners owning 67 percent of the lots subject to the declaration. (i) A bylaw may not be amended to conflict with the declaration. Added by Acts 2011, 82nd Leg., R.S., Ch. 1217 (S.B. 472), Sec. 2, eff. September 1, 2011. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 6, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 24, eff. September 1, 2015. Acts 2021, 87th Leg., R.S., Ch. 666 (H.B. 1659), Sec. 1, eff. June 15, 2021.