Texas Codes

Tex. Prop. Code § 204.001 (2026)

Definitions

✓ current as of May 2026

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Sec. 204.001. DEFINITIONS. In this chapter:

(1) "Restrictions," "residential real estate subdivision," "subdivision," "owner," "real property records," and "lienholder" have the meanings assigned by Section 201.003.

(2) "Dedicatory instrument," "petition," and "restrictive covenant" have the meanings assigned by Section 202.001.

(3) "Regular assessment" means an assessment, charge, fee, or dues that each owner of property within a subdivision is required to pay to the property owners' association on a regular basis and that are to be used by the association for the benefit of the subdivision in accordance with the original, extended, added, or modified restrictions.

(4) "Special assessment" means an assessment, charge, fee, or dues that each owner of property within a subdivision is required to pay to the property owners' association, after a vote of the membership, for the purpose of paying for the costs of capital improvements to the common areas that are incurred or will be incurred by the association during the fiscal year. A special assessment may be assessed before or after the association incurs the capital improvement costs.

Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.

Notes of Decisions

Cited in 9 cases, 2002–2015 · leading case: Brooks v. Northglen Ass'n, 141 S.W.3d 158 (Tex. 2004).

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Brooks v. Northglen Ass'n, 141 S.W.3d 158 (Tex. 2004). “” Tex. Prop.Code § 204.001 historical note, [Act of May 27, 1995, 74th Leg.”

Brooks v. Northglen Ass'n, 76 S.W.3d 162 (Tex. App. 2002). · cites it 4× “Tex. Prop.Code Ann. § 204.001 historical note (Vernon Supp.”

Epernay Cmty. Ass'n, Inc. v. Shaar, 349 S.W.3d 738 (Tex. App. 2011). “Laws 5170 , 5171-75 (amended 2007, 2009) (current version at Tex. Prop.Code Ann. § 204.001, et seq.); Act of May 26, 1999, 76th Leg.”

Geneva Brooks D/B/A Comm. to Remove the Bd., Dianne Higgins, Pauline White, Aurelio Okada & Anthony McBride v. Northglen Ass'n (Tex. App. 2002). · cites it 2× “Tex. Prop. Code Ann. § 204.001 historical note (Vernon Supp.”

Carla Jo Keck v. State (Tex. App. 2009). · cites it 2× “Tex. Prop. Code Ann. § 204.001 historical note (Vernon Supp.”

Russell Evans & Terrie Evans v. Casey Davis & Happy Hide-A-Way Civic Club, Inc. (Tex. App. 2013). “Chapter 204 of the Property Code does not define ―regulate,‖ see Tex. Prop. Code Ann. § 204.001 (West 2007), and no ―more precise definition is apparent from the term‘s use in [] context,‖ so we apply the ordinary meaning of the word.”

Epernay Cmty. Ass'n, Inc. v. Saad Shaar & Jeanette Shaar (Tex. App. 2011). “Laws 5170 , 5171–75 (amended 2007, 2009) (current version at Tex. Prop. Code Ann. § 204.001 , et seq .”

Noah S. Bunker, Paul Carrell, Everett Brew Houston, Jr., W. Andrew Buchholz, Scott J. Leighty, Jad L. Davis, & Holly Clause v. Tracy D. Strandhagen (Tex. App. 2015). “” Tex. Prop.Code § 204.001 historical note, [Act of May 27, 1995, 74th Leg.”

Susan England v. Janice Kolbe, as Guardian of the Est. of Edna Moon (Tex. App. 2015). “" restriction requires a vote of the homeowners to raise the Tex. Prop.Code § 204.001 historical note, [Act of May 27, assessment beyond those amounts.”

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