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10 Enforcement of Restrictive Covenants
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10 Enforcement of Restrictive Covenants
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11/9/2006 9:34:18 AM
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11/9/2006 9:34:18 AM
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AGENDA
Item Number
10
AGENDA - Type
MISCELLANEOUS
Description
Discussion of Enforcement of Restrictive Covenants
AGENDA - Date
11/13/2006
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<br />Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987. <br />Sec. 202.004. ENFORCEMENT OF RESTRICTIVE COVENANTS. (a) An <br />exerClse of discretionary authority by a property owners' <br />association or other representative designated by an owner of real <br />property concerning a restrictive covenant is presumed reasonable <br />unless the court determines by a preponderance of the evidence that <br /> <br />the exercise of discretionary authority was arbitrary, capricious, <br /> <br />or discriminatory. <br /> <br />(b) A property owners' association or other representative <br /> <br />designated by an owner of real property may initiate, defend, or <br /> <br />intervene in litigation or an administrative proceeding affecting <br /> <br />the enforcement of a restrictive covenant or the protection, <br /> <br />preservation, or operation of the property covered by the <br /> <br />dedicatory instrument. <br /> <br />(c) A court may assess civil damages for the violation of a <br /> <br />restrictive covenant in an amount not to exceed $200 for each day <br /> <br /> <br />of the violation. <br /> <br /> <br />Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987. <br /> <br /> <br />Sec. 202.005. WITHDRAWAL OF SIGNATURE. (a) A signature may be <br /> <br /> <br />withdrawn from a petition authorized to be filed in connection with <br /> <br /> <br />terminating restrictive covenants, as provided by this section. <br /> <br /> <br />(b) To withdraw a signature, the signer must request that the <br /> <br /> <br />signature be withdrawn. <br /> <br /> <br />(c) To be effective, a withdrawal request must: <br /> <br />Page -3 - <br /> <br />r <br />
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