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Relating to the adoption of an amendment procedure for restrictive covenants affecting real property in certain residential subdivisions.
No fiscal implication to the State is anticipated.
SB 1852 would amend Chapter 211 of the Property Code. Specifically, this legislation would concern residential subdivisions that lie completely or partly in an unincorporated area of San Jacinto County, Polk County, or Trinity County. This legislation says that the restrictions placed on a subdivision may only be amended with a written document that is signed by a majority of the property owners of that subdivision. Additionally, this document must be filed in the property records of each county in which the subdivision lies.
Currently, Section 211.002(b) only allows property owners in subdivisions, which are located in unincorporated areas of San Jacinto County, Polk County, or Trinity County, to make changes to their deed restrictions if there is unanimous consent in the subdivision. This high threshold can make it very difficult to get any changes made since it requires everyone to agree.
This legislation would require a majority of the property owners in a subdivision to approve changes, instead of requiring unanimity. We support SB 1852 because it makes the requirement for modifying property restrictions a more practical goal. This is good for people in a home owners association (HOA) or property owners association (POA) because changing these restrictions with a majority would now be feasible. In other words, this legislation improves the property rights of those property owners in the specified counties of San Jacinto, Polk, and Trinity.