Would this recent POA county filing constitute a restriction (Texas)

Would you consider the following to be a restriction?

My POA filed the following in my County recently – please see below. The Board did this filing without membership vote, whereas our CCRs require a majority membership vote to amend restrictions. Note, at the end, I put what is in the CCRs as far as landscaping.

What was recently county filed:

I. Draught-Resistant Landscaping and Water-Conserving Turf, shall be permitted as required by Texas Property Code§ 202.007, subject to the following regulations:
(I) The following items deemed aesthetically incompatible with the landscaping in the Subdivision and will not be approved:
a) Astra-turf and any other artificial turf (all turf must be natural and living):
b) Artificial plants. trees. shrubs. bushes and other artificial landscaping (all landscaping must be natural and alive):
c) Areas of rock. gravel. stone, or similar ground cover that comprise a significant portion of the front yard that is visible from public view, as determined in the sole discretion of the Association.
d) Cacti and similar plants that constitute the primary landscaping feature on the lot: and
e) Species of plant or turf that are dangerous. toxic or invasive to humans. animals or indigenous plant life.
(2) The Association shall have the sole discretion as to what constitutes the meaning of “draught-resistant", “water-conserving"'. "artificial" and all other terms used in this policy that are not otherwise defined by applicable law or the Association's dedicatory instruments.
(3) No modification or installation of landscaping governed by this policy shall be made until the Owner has first applied for and obtained the written approval of the Association.

For comparison: in the current Declaration of Covenants, Conditions and Restrictions for our POA, landscaping is only addressed as follows:

5.03. LANDSCAPING
All Tracts with dwelling structures constructed thereon shall be landscaped so as to be in
harmony with the landscaping situated upon other improved Tracts within the Subdivision. All
landscaping must be completed not later than 6 months after the date upon which construction of the dwelling structure on a Tract is completed or is occupied.

Do you feel that the recent county filing constitute a restriction (in which case per our CCRs, would need membership vote approval?

Thanks for reply. I agree and it brings up the point, the whole document is titled " Regulation of Solar Panels, Roof Shingles, Flags, Flag Poles, Rain Barrels, Xeriscaping, and Electrical Generations." The part I highlighted is Xeriscaping, I assume as instead of Xeriscaping that section starts with the misspelled "Draught-Resistant Landscaping"

The "Regulation" start to the title indicates a restriction to me. Overall in my opinion, this is not enforceable as to be enforceable the Association would have to argue it is a restriction but then the Association would be caught in a catch-22 in its own argument because a restriction would need member vote approval per the CCRs.

Roger, whoa--

What you posted about "" Regulation of Solar Panels, Roof Shingles, Flags, Flag Poles, Rain Barrels, Xeriscaping, and Electrical Generations." just resonated.

Those subjects were covered by the previously mentioned legislation in 2011, Property Code 209 associations were required to develop policies and procedures to address each of those subjects. The changes may have affected association declarations and rules, which were rendered null and void if there was a conflict. No association owner approval was required, it was a legislative mandate. If done correctly, the policies and procedures were filed with the county clerk.

Again, you should find out if the changes applied to your association.

It certainly could be that is what is taking place.

One of the first tasks we perform when taking on a new client is to ensure all their required filings are up to date and they have implemented the changes mandated by the legislature over the years. Generally there are not many, 2011 was a banner year as was 2015. There were important changes last year as well.

Kerry, CAI has provided such summaries to us. I've not paid close attention to the source but I believe they have been provided by the local chapter (DFW) or some CAI group in Austin. They have been most helpful.

The changes in 2011 were so significant CAI sponsored a briefing session at a local country club. I believe there were handouts. It cost most HOAs between $1,000 and $2,000 to develop the required policies and processes and file the documents with the county clerk.

Actually, we receive updates throughout the legislative and special sessions so anything which is approved and sent to the Governor is usually not a surprise.