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Started by ConchoP • 7 replies • 1032 views

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ConchoP (Texas)
Posts: 208

Posted:

Can someone please explain this section of TPC209

In this section is declaration the Deed Restrictions? Our deed restrictions were written in 2008.

Sec. 209.00591. BOARD MEMBERSHIP.

(C).... If the declaration does not include the number of lots that may be created and made subject to the declaration, at least one-third of the board members must be elected by owners other than the declarant not later than the 10th anniversary of the date the declaration was recorded.

TimB4 (Tennessee)
Posts: 21,059

Posted:

I thought you said you were a Realtor?

Yes, it's the same.

Declaration of Covenants Conditions and Restrictions
also known as:
Covenants
The Declaration
CC&Rs

are attached to the deed. Hence, like easements, they are deed restrictions.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Oops, sorry Concho.

I that it was someone else who posted that question.

Tim

GenoS (Florida)
Posts: 4,276

Posted:

I did the same, Tim. Then I realized it was a different poster completely.

ConchoP (Texas)
Posts: 208

Posted:

No worries,

So our declaration was signed in 2008 and does not include lots that may be created and made subject to the declaration. Just to clarify
homeowners can vote in 1/3 of the board members, because the 10th anniversary of the date of declaration was recorded has not passed- this is correct?

If so, what happens after the 10th anniversary, the developer will still be adding lots to the subdivision.

BillH10 (Texas)
Posts: 1,217

Posted:

Based on what you posted, not later than the 10 year anniversary of the filing of the Declaration 1/3 of the members of the Board are to be elected by the owners. Whether that happens on 10 years+1 day or at the next Annual Meeting is something you will have to hash out with the Declarant unless there is language which stipulates what is to take place.

You did not post any other language which would modify that sentence. However, the Declarant is still in control and is adding lots. I suggest you determine if any amendments have been filed which would modify that sentence. I also suggest you ensure there is no subsequent language which addresses what happens if the builder is still adding lots and has not turned the Association over to the owners.

What does the document say about when the Association is to be turned over to the owners?

BillH10 (Texas)
Posts: 1,217

Posted:

Well, I'm stupid, I thought you were quoting language in your Bylaws and not Section 209 of the Property Code. Since it is the Property Code, the rest of the first paragraph of my post is relevant.

Beyond that, what I wrote is of not much consequence unless there is further language in 209 regarding lots being added somehow resetting the 10 year anniversary clock.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By ConchoP on 08/17/2017 10:37 AM
No worries,

So our declaration was signed in 2008 and does not include lots that may be created and made subject to the declaration. Just to clarify
homeowners can vote in 1/3 of the board members, because the 10th anniversary of the date of declaration was recorded has not passed- this is correct?

If so, what happens after the 10th anniversary, the developer will still be adding lots to the subdivision.

What needs to be done is a records search.

The original documents might not identify other phases of the development by name. It may simply specify that other properties may be added. The deeds for the other properties would then point to and refer to the CC&Rs filed on your property.

TX has some interesting property laws.
You may need an attorney who understands those laws to assist.

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