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Restrictive Covenants Modification

by | Dec 31, 2021 | Firm News |

Restrictive covenants or deed restrictions are private contractual covenants that are tied with properties. These restrictions are tied onto properties by action of the homeowner(s). The restrictions will continue to be attached to the property, affecting subsequent owners. The idea of the restrictions is to benefit and add value to the property. There are times when modification to the restrictions is necessary for issues that arise such as: satellite dish antennas, signs, aesthetics, vehicles, and fences.

As time passes, the needs and perspectives of a community change. Restrictions sometimes need to be modified to provide the essential elements of protection for a residential neighborhood. Like residential restrictions, commercial restrictions may become outdated too. There are restrictions that do not have the proper provisions for renewal or modification. In this case, the use of statutory provisions of the Texas Property Code will allow for modification without unanimous consent. Neighborhoods with no restrictions at all face a completely different objective. The neighborhood that lacks restrictions must reach an agreement for the need of restrictions so that they can implement them. If your neighborhood does not have restrictions and you have ideas to create them, feel free to contact us.

Texas Property Code 204 provides an option for residential neighborhoods with restrictions but without a Homeowners Association (HOA) to ultimately form an HOA. Later, Texas Property Code 201 allowed for extension, modification, and adoption of restrictions without the permission of every affected homeowner. According to chapter 201: (a) At least 3 homeowners form a petition committee to file a notice in the real property records explaining the proposed action. (b) A petition is then circulated around homeowners to collect signatures. (c) The required percentage of signatures for approval to extend or create restrictions is 50% and to modify restrictions is 75%.

Our attorneys have experience on both the Homeowners Association side and homeowners’ side. If you want to modify or create covenant restrictions to better your neighborhood, call us at 713-572-4900. We can set up your appointment to meet with an experienced attorney so that you can find the answers that you are looking for.

 

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