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(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.

To do this, you'll need to apply to remove the restrictive covenant. An application to remove or modify the restrictive covenant can take between 18 and 24 months to go through. If the party controlling the covenant can still enforce the ruling, consider negotiation, but be prepared for them to want compensation.

An order for modification can be made if the tribunal is satisfied that the restrictive covenant is obsolete, impedes some reasonable use of the land, the beneficiaries expressly or impliedly agree to the modification or no injury will be caused by the same.

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.

In most cases, homeowners associations (HOAs) are the principal enforcers of deed restrictions. However, when there is no HOA, a deed restriction might be enforced by a branch of your local government.

How do I challenge a restrictive covenant? Express release: It may be possible to negotiate the release or variation of a restrictive covenant. Indemnity insurance: It is possible to obtain indemnity insurance to protect against the risk of a person with the benefit of a restrictive covenant seeking to enforce it.

How do I challenge a restrictive covenant? Express release: It may be possible to negotiate the release or variation of a restrictive covenant. Indemnity insurance: It is possible to obtain indemnity insurance to protect against the risk of a person with the benefit of a restrictive covenant seeking to enforce it.

Chapter 211 allows the property owners to adopt a new method to amend their deed restrictions.

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.