Section 209.0041 of the Texas Property Code outlines the requirements for the adoption or amendment of dedicatory instruments in residential subdivisions where property owners are subject to mandatory membership in a property owners’ association. These dedicatory instruments, which may include declarations, bylaws, and other documents, establish the rights, obligations, and rules governing the property owners’ association and the use and maintenance of the property within the subdivision.
Under this section, the amendment of a declaration in a residential subdivision is subject to certain conditions. This section applies to all declarations, regardless of their date of creation, and takes precedence over any conflicting provisions in the declaration. In order to be adopted, an amendment to a declaration must be approved by a vote of at least 67% of the total votes allocated to property owners entitled to vote on the amendment, in addition to any governmental approval required by law. If the declaration specifies a lower percentage for voting rights, that percentage will take precedence. If the declaration does not address voting rights for amendments, an amendment may be adopted by a vote of owners owning at least 67% of the lots subject to the declaration.
It is important to note that this section does not apply to the amendment of a declaration during a development period, or to an amendment that would affect a portion of a subdivision zoned for or containing commercial, industrial, apartment, or condominium structures. Additionally, a bylaw may not be amended in a way that conflicts with the declaration.
If you have upcoming HOA document changes, contact an experienced Dallas HOA lawyer at Manning & Meyers for a complimentary consultation.