Texas Codes

Tex. Prop. Code § 204.006 (2026)

Creation Of Property Owners' Association

✓ current as of May 2026

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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.

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, Inc., 263 S.W.3d 342 (Tex. App. 2007).

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Gillebaard v. Bayview Acres Ass'n, Inc., 263 S.W.3d 342 (Tex. App. 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. 2003). “Tex. Prop.Code Ann. § 204.006 (Vernon Supp.”

Summers v. Highland Composite Prop. Owners Ass'n, 363 S.W.3d 210 (Tex. App. 2011). · cites it 2× “See TEX. PROP.CODE ANN. § 204.006 (West 2007).”

Eileen K. Starbranch v. Elizabeth Howard Crowell (Tex. App. 2015). · cites it 2× “21, 25, 28 Tex. Prop. Code § 204.006 ...............”

John F. Simpson v. Afton Oaks Civic Club, Inc. (Tex. App. 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. 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 & Sheila Summers v. Highland Composite Prop. Owners Ass'n, Inc. (Tex. App. 2011). “See TEX. PROP. CODE ANN. § 204.006 (West 2007).”

— Tex. Prop. Code § 204.006(a) — 2 cases

Gillebaard v. Bayview Acres Ass'n, Inc., 263 S.W.3d 342 (Tex. App. 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 (Tex. App. 2015). “21, 25, 28 Tex. Prop. Code § 204.006 ...............”

— Tex. Prop. Code § 204.006(c) — 1 case

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