(a) A property owners' association by a two-thirds vote of the association's governing body may submit a procedure for amending restrictions to a vote of the property owners in the subdivision or in the unit or parcel of the subdivision governed by restrictions.

Usually, local governments declare their covenants enforceable only by the property owner and the municipality itself, thereby retaining total control over the actual implementation of the land use plan, as the municipality becomes the only party capable of enforcing land use regulations against the developer.

To be enforceable a restrictive covenant must firstly “touch and concern” or somehow benefit other land, and the benefit must also have been intended to run with that benefitting land. The covenant cannot merely be a covenant of personal benefit to the original contracting party.

A property owners' association or another “representative designated by an owner” may file a lawsuit to enforce a restrictive covenant. Section 202.004(c) of the Property Code allows a court to assess civil damages of up to $200 for each day of the violation.

Often times property developers or property owners associations enforce deed restrictions to ensure the continuity of a subdivision or land tract. These restrictions and guidelines should be available through the property developer's sales information center. Common deed restrictions may include: No livestock.

Please contact the Harris County Clerk's Office at 713.755. 6405 to request a copy.