Texas Codes

Tex. Prop. Code § 202.001 (2026)

Definitions

✓ current as of May 2026
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Sec. 202.001. DEFINITIONS. In this chapter:

(1) "Dedicatory instrument" means each document governing the establishment, maintenance, or operation of a residential subdivision, planned unit development, condominium or townhouse regime, or any similar planned development. The term includes a declaration or similar instrument subjecting real property to:

(A) restrictive covenants, bylaws, or similar instruments governing the administration or operation of a property owners' association;

(B) properly adopted rules and regulations of the property owners' association; or

(C) all lawful amendments to the covenants, bylaws, instruments, rules, or regulations.

(2) "Property owners' association" means an incorporated or unincorporated association owned by or whose members consist primarily of the owners of the property covered by the dedicatory instrument and through which the owners, or the board of directors or similar governing body, manage or regulate the residential subdivision, planned unit development, condominium or townhouse regime, or similar planned development.

(3) "Petition" means one or more instruments, however designated or entitled, by which one or more actions relating to restrictive covenants are sought to be accomplished.

(4) "Restrictive covenant" means any covenant, condition, or restriction contained in a dedicatory instrument, whether mandatory, prohibitive, permissive, or administrative.

(5) "Front yard" means a yard within a lot having a front building setback line with a setback of not less than 15 feet extending the full width of the lot between the front lot line and the front building setback line.

Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 1142 (H.B. 1821), Sec. 2, eff. January 1, 2012.

Acts 2013, 83rd Leg., R.S., Ch. 1389 (H.B. 680), Sec. 1, eff. June 14, 2013.

Notes of Decisions
Cited in 50 cases (7 in the last 5 years), 1989–2025 · leading case: Teal Trading & Dev., LP v. Champee Springs Ranches Prop. Owners Ass'n, 534 S.W.3d 558 (Tex. App. 2017).
Teal Trading & Dev., LP v. Champee Springs Ranches Prop. Owners Ass'n, 534 S.W.3d 558 (Tex. App. 2017). · cites it 3× “See Tex. Prop. Code Ann. § 202.001 (1)(A) (defining dedicatory instruments, which includes restrictive covenants).”
Garden Oaks Maint. Org. v. Chang, 542 S.W.3d 117 (Tex. App. 2017). · cites it 3× “Compare Tex. Prop. Code Ann. § 202.001 (1), with itation index="122" url="https://cite.”
Tarr v. Timberwood Park Owners Ass'n, Inc., 556 S.W.3d 274 (Tex. 2018). “e; see also TEX. PROP. CODE § 202.001(4) (defining "[r]estrictive covenant").”
W. Hills Harbor Owners Ass'n v. Baker, 516 S.W.3d 215 (Tex. App. 2017). · cites it 2× “; see also Tex. Prop. Code Ann. § 202.001 (4) (West 2014) (defining "restrictive covenant” as “any covenant, condition, or restriction contained in a dedicatory instrument, whether mandatory, prohibitive, permissive, or administrative”).”
Pinebrook Props., Ltd. v. Brookhaven Lake Prop. Owners Ass'n, 77 S.W.3d 487 (Tex. App. 2002). “See Tex. PROP.Code Ann. § 202.001 (Vernon 1995).”
City of Pasadena v. Gennedy, 125 S.W.3d 687 (Tex. App. 2003). “See Tex. PROp.Code Ann. § 202.001(4) (Vernon 1995) (defining restrictive covenant).”
Hawkins v. Walker, 233 S.W.3d 380 (Tex. App. 2007). “Tex. Prop.Code Ann. §§ 202.001(1), 202.004(b).”
Uptegraph v. Sandalwood Civic Club, 312 S.W.3d 918 (Tex. App. 2010). “See Tex. Prop.Code Ann. § 202.001(4) (Vernon 2007) (defining restrictive covenant).”
Musgrave v. Brookhaven Lake Prop. Owners Ass'n, 990 S.W.2d 386 (Tex. App. 1999). “If the remittitur is made within fifteen days of issuance of this opinion, the attorneys’ fees, as reduced, will be affirmed; if remit-titur is not made within fifteen days, the judgment of the trial court with respect to attorneys’ fees will be reversed and remanded.”
Southampton Civic Club v. Patricio D. Sanchez, 367 S.W.3d 429 (Tex. App. 2012). · cites it 2× “” Tex. Prop. Code §§ 202.001(4), 202.003(a).”
Carl Storck & Vicki Storck v. Tres Lagos Prop. Owners Ass'n, Inc., 442 S.W.3d 730 (Tex. App. 2014). “Tex. Prop.Code Ann. § 202.001(1) (West Supp.”
Elbar Investments, Inc. v. Garden Oaks Maint. Org., 500 S.W.3d 1 (Tex. App. 2016). “See Tex. Prop. Code § 202.001(4). Restrictive covenants are generally subject to the rules of contract construction.”
— Tex. Prop. Code § 202.001(1) — 7 cases
Hawkins v. Walker, 233 S.W.3d 380 (Tex. App. 2007). “Tex. Prop.Code Ann. §§ 202.001(1), 202.004(b).”
Garden Oaks Maint. Org. v. Chang, 542 S.W.3d 117 (Tex. App. 2017). “Compare Tex. Prop. Code Ann. § 202.001 (1), with itation index="122" url="https://cite.”
Carl Storck & Vicki Storck v. Tres Lagos Prop. Owners Ass'n, Inc., 442 S.W.3d 730 (Tex. App. 2014). “Tex. Prop.Code Ann. § 202.001(1) (West Supp.”
Goddard v. Northhampton Homeowners Ass'n, 229 S.W.3d 353 (Tex. App. 2007).
— Tex. Prop. Code § 202.001(2) — 4 cases
Musgrave v. Brookhaven Lake Prop. Owners Ass'n, 990 S.W.2d 386 (Tex. App. 1999). “If the remittitur is made within fifteen days of issuance of this opinion, the attorneys’ fees, as reduced, will be affirmed; if remit-titur is not made within fifteen days, the judgment of the trial court with respect to attorneys’ fees will be reversed and remanded.”
— Tex. Prop. Code § 202.001(4) — 18 cases
Tarr v. Timberwood Park Owners Ass'n, Inc., 556 S.W.3d 274 (Tex. 2018). “e; see also TEX. PROP. CODE § 202.001(4) (defining "[r]estrictive covenant").”
Teal Trading & Dev., LP v. Champee Springs Ranches Prop. Owners Ass'n, 534 S.W.3d 558 (Tex. App. 2017). “See Tex. Prop. Code Ann. § 202.001 (1)(A) (defining dedicatory instruments, which includes restrictive covenants).”
City of Pasadena v. Gennedy, 125 S.W.3d 687 (Tex. App. 2003). “See Tex. PROp.Code Ann. § 202.001(4) (Vernon 1995) (defining restrictive covenant).”
Uptegraph v. Sandalwood Civic Club, 312 S.W.3d 918 (Tex. App. 2010). “See Tex. Prop.Code Ann. § 202.001(4) (Vernon 2007) (defining restrictive covenant).”
Southampton Civic Club v. Patricio D. Sanchez, 367 S.W.3d 429 (Tex. App. 2012). “” Tex. Prop. Code §§ 202.001(4), 202.003(a).”
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