Tex. Codes » Property Code · TITLE 11. RESTRICTIVE COVENANTS · CHAPTER 204. POWERS OF PROPERTY OWNERS' ASSOCIATION RELATING TO RESTRICTIVE COVENANTS IN CERTAIN SUBDIVISIONS
Texas Codes

Tex. Prop. Code § 204.005 (2026)

Extension Of, Addition To, Or Modification Of Existing Restrictions

✓ current as of May 2026
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Sec. 204.005. EXTENSION OF, ADDITION TO, OR MODIFICATION OF EXISTING RESTRICTIONS. (a) A property owners' association has authority to approve and circulate a petition relating to the extension of, addition to, or modification of existing restrictions. A property owners' association is not required to comply with Sections 201.009-201.012.

(b) A petition to extend, add to, or modify existing restrictions approved and circulated by a property owners' association is effective if:

(1) the petition is approved by the owners, excluding lienholders, contract purchasers, and the owners of mineral interests, of at least 75 percent of the real property in the subdivision or a smaller percentage required by the original dedicatory instrument; and

(2) the petition is filed as a dedicatory instrument with the county clerk of the county in which the subdivision is located.

(c) If a subdivision consisting of multiple sections, each with its own restrictions, is represented by a single property owners' association, the approval requirement may be satisfied by obtaining approval of at least 75 percent of the owners on a section-by-section basis or of the total number of properties in the property owners' association's jurisdiction.

(d) If approved, the petition is binding on all properties in the subdivision or section, as applicable.

(e) A property owners' association that circulates a petition must notify all record owners of property in the subdivision in writing of the proposed extension, addition to, or modification of the existing restrictions. Notice may be hand-delivered to residences within the subdivision or sent by regular mail to the owner's last known mailing address as reflected in the ownership records maintained by the property owners' association. The approval of multiple owners of a property may be reflected by the signature of a single co-owner.

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

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 2000–2022 · leading case: Brooks v. Northglen Ass'n, 76 S.W.3d 162 (Tex. App. 2002).
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Brooks v. Northglen Ass'n, 76 S.W.3d 162 (Tex. App. 2002). · cites it 2× “The same phrase appears again in Tex. Prop.Code Ann. § 204.005 (Vernon Supp.”
Dahl v. Hartman, 14 S.W.3d 434 (Tex. App. 2000). · cites it 2× “Though POAs do not need to comply with this section and others in this chapter relating to changing deed restrictions, see Tex. Prop. Code Ann. § 204.005 (a) (Vernon Supp.”
Gillebaard v. Bayview Acres Ass'n, Inc., 263 S.W.3d 342 (Tex. App. 2007). “See Tex. PROP. Code Ann. §§ 204.005 , 204.006 (Vernon 2007).”
Schroeder v. Rancho Escondido Cmty. Improvement Ass'n, 248 S.W.3d 415 (Tex. App. 2008). · cites it 2× “Compare Tex. Prop.Code Ann. §§ 201.006, 201.007 with Tex.”
Carolyn Frost Keenan v. River Oaks Prop. Owners, Inc. (Tex. App. 2022). “See TEX. PROP. CODE § 204.005. Under section 204.”
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). “The same phrase appears again in Tex. Prop. Code Ann. § 204.005 (Vernon Supp.”
Carla Jo Keck v. State (Tex. App. 2009). “The same phrase appears again in Tex. Prop. Code Ann. § 204.005 (Vernon Supp.”
Stevan Schroeder & Debra Patrick Schroeder v. Rancho Escondido Cmty. Improvement Ass'n (Tex. App. 2008). “See Tex. Prop. Code Ann. § 204.005 (Vernon 2007).”
in Re Carolyn Frost Keenan (Tex. App. 2015). “10 TEX. PROP. CODE ANN. § 204.005(b)(1). . .”
in Re Carolyn Frost Keenan (Tex. App. 2015). “10 TEX. PROP. CODE ANN. § 204.005(b)(1). . .”
— Tex. Prop. Code § 204.005(a) — 1 case
Dahl v. Hartman, 14 S.W.3d 434 (Tex. App. 2000). “Though POAs do not need to comply with this section and others in this chapter relating to changing deed restrictions, see Tex. Prop. Code Ann. § 204.005 (a) (Vernon Supp.”
— Tex. Prop. Code § 204.005(b)(1) — 2 cases
in Re Carolyn Frost Keenan (Tex. App. 2015). “10 TEX. PROP. CODE ANN. § 204.005(b)(1). . .”
in Re Carolyn Frost Keenan (Tex. App. 2015). “10 TEX. PROP. CODE ANN. § 204.005(b)(1). . .”
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