Quick Answer
Texas Property Code § 209.013 bars amending a developer-created dedicatory instrument during the gap between the moment the developer loses majority voting control of the association and the moment a new board takes office. A provision that violates the section "is void and unenforceable." It is a short rule aimed at the handover period.
At a Glance
| Item | Detail |
|---|---|
| Law/citation | Texas Property Code § 209.013, Authority of Association to Amend Dedicatory Instrument (Chapter 209) |
| Effective date | September 1, 2007 (HB 2402, Section 2(a)). The text we read shows no later amendment |
| Applies to | Dedicatory instruments created by a developer of a residential subdivision, or by an association the developer controls. Chapter 209 does not apply to condominiums (§ 209.003(d)) |
| Key sections | (a) amendment freeze; (b) violating provision void |
| Remedy or penalty | A violating provision "is void and unenforceable" |
What the Law Says
Subsection (a): a dedicatory instrument created by a developer of a residential subdivision, "or by a property owners' association in which the developer has a majority of the voting rights or that the developer otherwise controls under the terms of the dedicatory instrument," "may not be amended during the period between the time the developer loses the majority of the voting rights or other form of control of the property owners' association and the time a new board of directors of the association assumes office following the loss."
Subsection (b): "A provision in a dedicatory instrument that violates this section is void and unenforceable."
What This Means in Practice
For boards and managers
During a developer turnover, treat the date control changes as a hard line on amendments. Our reading: the freeze runs from loss of majority voting rights or other control until the new board assumes office, so any amendment signed in that window is exposed as void. Confirm with counsel which date marks the start in your documents.
The turnover period is also when the board should collect the documents and records it needs afterward. See § 209.0041 for how amendments are adopted once the freeze ends, and owner voting and board elections for seating the new board.
For owners
If you see an amendment recorded between the developer's loss of control and the seating of the new board, ask counsel whether § 209.013 applies.
What the section does not say, and open questions
- It does not define "loses the majority of the voting rights or other form of control." Governing documents differ.
- It does not address amendments made before control is lost, which are governed by other law and the documents.
- It states no deadline for seating the new board.
- It does not say who may challenge an amendment or how.
Timeline
| Date | Event |
|---|---|
| September 1, 2007 | Section 209.013 added by HB 2402 (80th Leg., Section 2(a)) |
Related Texas Law
- § 209.0041: amending the declaration
- HB 1659: mixed-use amendment limit
- Owner voting and board elections
- Chapter 209
- § 202.006: recording instruments
Board Checklist
- Document the date and basis on which developer control ended.
- Hold amendments until the new board has assumed office.
- Seat the new board promptly and record the date.
- Check any amendment recorded near turnover against these dates.
- Request the developer's records at turnover.
Frequently Asked Questions
Can a developer amend the declaration during turnover?
Not in the period between loss of majority voting rights or control and the seating of a new board (§ 209.013(a)).
What happens to an amendment made in that window?
A provision that violates the section is void and unenforceable (§ 209.013(b)).
Does this apply to condominiums?
Chapter 209 does not apply to condominiums (§ 209.003(d)). Check Chapter 82.
Does it stop all amendments forever?
No. It covers only the period between loss of control and the new board taking office.
Where This Comes From
We read the current text of § 209.013 and its history note on the Texas.Public.Law mirror, which states it was verified against the official site on May 26, 2025. The official statute site is at statutes.capitol.texas.gov. We did not read HB 2402 itself or any court decision.
Where We Stand
Our position: we support § 209.013. Turnover is the most fragile moment in a community's life, and freezing amendments until an owner-elected board is seated is a sensible guardrail. Tip: write down the exact control-change date and the date the new board was seated, and keep both with the turnover file. This is Association Property Managers' operating view as a management company, separate from the legal summary above, and it is not legal advice.
How APM Helps
Association Property Managers provides remote HOA and condo management for associations in Texas, starting at a flat $99/month per community with no per-door fees or long-term contracts. See remote management in Texas, browse every Texas state-law guide, or request a free proposal, delivered within three business days. Laws and licensing rules differ by state, and we confirm the requirements for Texas when we build your proposal.
Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Texas attorney before acting.
Ready to work with Association Property Managers?
Get a free, itemized proposal for your community — delivered within 3 business days.
Request a Free Proposal
