Tex. Prop. Code § 209.0041

Adoption or Amendment of Certain Dedicatory Instruments

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Statutory text

(a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1183 , Sec. 24, eff.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 (Public Information) , Government Code, by application of Section 552.0036 (Certain Property Owners’ Associations Subject to Law) , 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 (Definitions) or 82.003 (Definitions) . 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. Source: Section 209.0041 — Adoption or Amendment of Certain Dedicatory Instruments , https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm#209.0041 (accessed May 26, 2025). 209.001 Short Title 209.002 Definitions 209.003 Applicability of Chapter 209.004 Management Certificates 209.005 Association Records 209.006 Notice Required Before Enforcement Action 209.007 Hearing Before Board 209.008 Attorney’s Fees 209.009 Foreclosure Sale Prohibited in Certain Circumstances 209.010 Notice After Foreclosure Sale 209.011 Right of Redemption After Foreclosure 209.012 Restrictive Covenants Granting Easements to Certain Property Owners’ Associations 209.013 Authority of Association to Amend Dedicatory Instrument 209.014 Mandatory Election Required After Failure to Call Regular Meeting 209.015 Regulation of Land Use: Residential Purpose 209.016 Regulation of Residential Leases or Rental Agreements 209.017 Justice Court Jurisdiction 209.0041 Adoption or Amendment of Certain Dedicatory Instruments 209.0042 Methods of Providing Notices to Owners 209.0051 Open Board Meetings 209.0052 Association Contracts 209.0055 Voting 209.0056 Notice of Election or Association Vote 209.0057 Recount of Votes 209.0058 Ballots 209.0059 Right to Vote 209.0061 Association Policy 209.0062 Alternative Payment Schedule for Certain Assessments 209.0063 Priority of Payments 209.0064 Third Party Collections 209.0065 Credit Reporting Services 209.0091 Prerequisites to Foreclosure: Notice and Opportunity to Cure for Certain Other Lienholders 209.0092 Judicial Foreclosure Required 209.0093 Removal or Adoption of Foreclosure Authority 209.0094 Assessment Lien Filing 209.00505 Architectural Review Authority 209.00591 Board Membership 209.00592 Voting 209.00593 Election of Board Members 209.00594 Tabulation of and Access to Ballots Up to date Verified: May 26, 2025 § 209.0041. Adoption or Amendment of Certain Dedicatory Instruments's source at texas.gov Stay Connected Join thousands of people who receive monthly site updates. Subscribe Get Legal Help The State Bar of Texas runs a service for finding an attorney in good standing. Initial consultations are usually free or discounted: Lawyer Referral & Information Service (LRIS) Committed to Public Service We will always provide free access to the current law. In addition, we provide special support for non-profit, educational, and government users. Through social entrepreneurship, we’re lowering the cost of legal services and increasing citizen access. Navigate Find a Lawyer Blog About Us API Contact Us Reports Secondary Sources Privacy Policy California: Codes Colorado: C.R.S. Florida: Statutes Nevada: NRS New York: Laws Oregon: OAR , ORS Texas: Statutes World: Rome Statute , International Dictionary Location: https://texas.public.law/statutes/tex._prop._code_section_209.0041 Original Source: Section 209.0041 — Adoption or Amendment of Certain Dedicatory Instruments , https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm#209.0041 (last accessed May 10, 2025). Blank Outline Levels × The legislature occasionally skips outline levels. For example:

A person may apply [...] (4)(a) A person petitioning for relief [...] In this example,

, and (4)(a) are all outline levels, but

was omitted by its authors. It's only implied. This presents an interesting challenge when laying out the text. We've decided to display a blank section with this note, in order to aide readability. Trust but verify. Here is the original source for section 209.0041 Do you have an opinion about this solution? Drop us a line. Close

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