Tex. Codes » Property Code · TITLE 11. RESTRICTIVE COVENANTS · CHAPTER 209. TEXAS RESIDENTIAL PROPERTY OWNERS PROTECTION ACT
Texas Codes

Tex. Prop. Code § 209.0041 (2026)

Adoption Or Amendment Of Certain Dedicatory Instruments

✓ current as of May 2026
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Sec. 209.0041. ADOPTION OR AMENDMENT OF CERTAIN DEDICATORY INSTRUMENTS.

(a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1183 , Sec. 24, eff. September 1, 2015.

(b) This section applies to a residential subdivision in which property owners are subject to mandatory membership in a property owners' association.

(c) This section does not apply to a property owners' association that is subject to Chapter 552, Government Code, by application of Section 552.0036, Government Code.

(d) This section does not apply to the amendment of a declaration during a development period.

(d-1) This section does not apply to an amendment of a declaration if the amendment would affect a portion of a subdivision that is zoned for or that contains, or previously contained as specifically allowed under the declaration, a commercial structure, an industrial structure, an apartment complex, or a condominium as defined by Section 81.002 or 82.003. For purposes of this subsection, "apartment complex" means two or more dwellings in one or more buildings that are owned by the same owner, located on the same lot or tract, and managed by the same owner, agent, or management company.

(e) This section applies to a dedicatory instrument regardless of the date on which the dedicatory instrument was created.

(f) This section supersedes any contrary requirement in a dedicatory instrument.

(g) To the extent of any conflict with another provision of this title, this section prevails.

(h) Except as provided by Subsection (h-1) or (h-2), a declaration may be amended only by a vote of 67 percent of the total votes allocated to property owners entitled to vote on the amendment of the declaration, in addition to any governmental approval required by law.

(h-1) If the declaration contains a lower percentage than prescribed by Subsection (h), the percentage in the declaration controls.

(h-2) If the declaration is silent as to voting rights for an amendment, the declaration may be amended by a vote of owners owning 67 percent of the lots subject to the declaration.

(i) A bylaw may not be amended to conflict with the declaration.

Added by Acts 2011, 82nd Leg., R.S., Ch. 1217 (S.B. 472), Sec. 2, eff. September 1, 2011.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 6, eff. September 1, 2015.

Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 24, eff. September 1, 2015.

Acts 2021, 87th Leg., R.S., Ch. 666 (H.B. 1659), Sec. 1, eff. June 15, 2021.

Notes of Decisions
Cited in 10 cases (7 in the last 5 years), 2016–2026 · leading case: W. Hills Harbor Owners Ass'n v. Baker, 516 S.W.3d 215 (Tex. App. 2017).
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W. Hills Harbor Owners Ass'n v. Baker, 516 S.W.3d 215 (Tex. App. 2017). · cites it 4× “” Tex. Prop. Code Ann. § 209.0041 (h) (West Supp.”
SVT, L.L.C. & Robert C. Orr v. Seaside Vill. Townhome Ass'n, Inc. (Tex. App. 2018). · cites it 5× “0041 of the Texas Property Code. See Tex. Prop. Code §§ 209.”
Andrea Arnold v. Randy Addison (Tex. App. 2021). · cites it 3× “See TEX. PROP. CODE §§ 209.0041(h-1) (permitting amendment by less than 67% if the declaration allows), 209.”
Lawrence A. Traw & Karen G. Traw v. Walden Town House Ass'n, Inc. (2026). · cites it 3× “Texas Property Code Section 209.0041 Texas Property Code section 209.”
James P. MacIvor, Phoenix Air Transp., Inc., & Nighthawk Air Sys. v. Zuehl Airport Flying Cmty. Owners Ass'n, Inc. (2026). · cites it 2× “” 13 TEX. PROP. CODE ANN. § 209.0041(h). This requirement is retroactive and “supersedes any contrary requirement in a dedicatory instrument.”
Chris Lawry v. Pecan Plantation Owners Ass'n, Inc. & Pecan Plantation Volunteer Fire Dep't & Emergency Med. Servs., Inc. (Tex. App. 2016). “We conclude and hold that as a matter of law, the amendment to the bylaws authorizing an additional assessment for “fire protection and emergency services” does not conflict with the language in the Declaration providing that 11 assessments may be used to provide “other services…”
the Cliffs Prop. Owners' Ass'n, Inc. v. Double Diamond, Inc. & the Cliffs Hotel Corp. (Tex. App. 2022). “at 799 ; see also TEX. PROP. CODE ANN. § 209.0041(h) (West Supp.”
Angelwylde HOA, Inc. & Angelwylde Place Homeowners Ass'n, Inc. v. Emily Fournier, David Fournier, Thomas Nelms, & Susan Nelms (Tex. App. 2023). “” Tex. Prop. Code § 209.0041(h). With few exceptions, Section 209.”
Richard Antonio Mendoza v. Donore Square Homeowners Ass'n (Tex. App. 2023). “” TEX. PROP. CODE ANN. § 209.0041(h). -3- 04-22-00375-CV multiple unrelated people, and his use of the property does not violate the Amended Declaration.”
BLF LLC, Bradford W. Bayliff, & Lisa E. W. Bayliff v. the Landing at Blanco Prop. Owners Ass'n (Tex. App. 2023). “See Tex. Prop. Code § 209.0041. However, if the declaration contains a lower percentage, the percentage in the declaration controls.”
— Tex. Prop. Code § 209.0041(d) — 1 case
SVT, L.L.C. & Robert C. Orr v. Seaside Vill. Townhome Ass'n, Inc. (Tex. App. 2018). “0041 of the Texas Property Code. See Tex. Prop. Code §§ 209.”
— Tex. Prop. Code § 209.0041(e) — 1 case
James P. MacIvor, Phoenix Air Transp., Inc., & Nighthawk Air Sys. v. Zuehl Airport Flying Cmty. Owners Ass'n, Inc. (2026). “” 13 TEX. PROP. CODE ANN. § 209.0041(h). This requirement is retroactive and “supersedes any contrary requirement in a dedicatory instrument.”
— Tex. Prop. Code § 209.0041(h) — 6 cases
SVT, L.L.C. & Robert C. Orr v. Seaside Vill. Townhome Ass'n, Inc. (Tex. App. 2018). “0041 of the Texas Property Code. See Tex. Prop. Code §§ 209.”
Andrea Arnold v. Randy Addison (Tex. App. 2021). “See TEX. PROP. CODE §§ 209.0041(h-1) (permitting amendment by less than 67% if the declaration allows), 209.”
the Cliffs Prop. Owners' Ass'n, Inc. v. Double Diamond, Inc. & the Cliffs Hotel Corp. (Tex. App. 2022). “at 799 ; see also TEX. PROP. CODE ANN. § 209.0041(h) (West Supp.”
Angelwylde HOA, Inc. & Angelwylde Place Homeowners Ass'n, Inc. v. Emily Fournier, David Fournier, Thomas Nelms, & Susan Nelms (Tex. App. 2023). “” Tex. Prop. Code § 209.0041(h). With few exceptions, Section 209.”
Richard Antonio Mendoza v. Donore Square Homeowners Ass'n (Tex. App. 2023). “” TEX. PROP. CODE ANN. § 209.0041(h). -3- 04-22-00375-CV multiple unrelated people, and his use of the property does not violate the Amended Declaration.”
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