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 § 204.006 (2026)

Creation Of Property Owners' Association

✓ laws through the 89th Legislature (2025)
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Sec. 204.006. CREATION OF PROPERTY OWNERS' ASSOCIATION. (a) If existing restrictions applicable to a subdivision do not provide for a property owners' association and require approval of more than 60 percent of the owners to add to or modify the original dedicating instrument, a petition to add to or modify the existing restrictions for the sole purpose of creating and operating a property owners' association with mandatory membership, mandatory regular or special assessments, and equivalent voting rights for each of the owners in the subdivision is effective if:

(1) a petition committee has been formed as prescribed by Section 201.005;

(2) the petition is approved by the owners, excluding lienholders, contract purchasers, and the owners of mineral interests, of at least 60 percent of the real property in the subdivision; and

(3) the procedure employed in the circulation and approval of the petition to add to or amend the existing restrictions for the specified purpose complies with the requirements of this chapter.

(b) If the circulated petition is not approved by the required percentage of owners within one year of the creation of the petition committee, the petition is void and another petition committee may be formed.

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

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

Notes of Decisions
Cited in 7 cases, 2003–2015 · leading case: Gillebaard v. Bayview Acres Ass'n, 263 S.W.3d 342 (Tex. App.—Houston [1st Dist.] 2007).
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Gillebaard v. Bayview Acres Ass'n, 263 S.W.3d 342 (Tex. App.—Houston [1st Dist.] 2007). · cites it 4× “to add to and [to] modify the [1999 express deed] restrictions for Bayview Acres in the following order: (i) first by adding provisions to the restrictions for the purpose of creating and operating the Association so that the Association is a designated representative of the…”
Simpson v. Afton Oaks Civic Club, Inc., 117 S.W.3d 480 (Tex. App.—Texarkana 2003). “Tex. Prop.Code Ann. § 204.006 (Vernon Supp.”
Summers v. Highland Composite Prop. Owners Ass'n, 363 S.W.3d 210 (Tex. App.—Corpus Christi 2011). · cites it 2× “See TEX. PROP.CODE ANN. § 204.006 (West 2007).”
Eileen K. Starbranch v. Elizabeth Howard Crowell, No. 01-15-00429-CV (Tex. App.—Houston [1st Dist.] Sept. 11, 2015). · cites it 2× “21, 25, 28 Tex. Prop. Code § 204.006 ...............”
John F. Simpson v. Afton Oaks Civic Club, Inc., No. 06-02-00102-CV (Tex. App.—Texarkana Sept. 10, 2003). “2 Tex. Prop. Code Ann. § 204.006 (Vernon Supp.”
John F. Simpson v. Afton Oaks Civic Club, Inc., 155 S.W.3d 674 (Tex. App.—Texarkana 2005). “The initial and dispositive question is whether the subdivision could use the procedures set out by Tex. PROp.Code Ann. § 204.006 (Vernon Supp.”
Richard Summers v. Highland Composite Prop. Owners Ass'n, No. 13-10-00192-CV (Tex. App.—Corpus Christi Aug. 29, 2011). “See TEX. PROP. CODE ANN. § 204.006 (West 2007).”
Tex. Prop. Code § 204.006(a): 2 cases
Gillebaard v. Bayview Acres Ass'n, 263 S.W.3d 342 (Tex. App.—Houston [1st Dist.] 2007). “to add to and [to] modify the [1999 express deed] restrictions for Bayview Acres in the following order: (i) first by adding provisions to the restrictions for the purpose of creating and operating the Association so that the Association is a designated representative of the…”
Eileen K. Starbranch v. Elizabeth Howard Crowell, No. 01-15-00429-CV (Tex. App.—Houston [1st Dist.] Sept. 11, 2015). “21, 25, 28 Tex. Prop. Code § 204.006 ...............”
Tex. Prop. Code § 204.006(c): 1 case
Gillebaard v. Bayview Acres Ass'n, 263 S.W.3d 342 (Tex. App.—Houston [1st Dist.] 2007). “to add to and [to] modify the [1999 express deed] restrictions for Bayview Acres in the following order: (i) first by adding provisions to the restrictions for the purpose of creating and operating the Association so that the Association is a designated representative of the…”
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