|Not all laws are equally important.
There is a pecking order, where one kind of law trumps another.
1. The US Constitution and then the Federal Laws take precedence over the other laws or rules.
2. Texas State laws are next.
The two areas of Texas State Legislation that affect White Bluff the most are.
a. The Texas Business Organizations Code, Chapter 22... that gives rules for NonProfit Corporations.
b. The Texas Property Code, Chapters 201 through 212. (They don't ALL apply to White Bluff)
201 (extension of restrictive covenants) applies to cities over 100,000 in counties over 3,500,000 NOT White Bluff
202 (enforcement of restrictive covenants) (202.009 Political Signs Allowed) White Bluff
203 (enforcement of restrictive covenants) applies to counties over 200,000 NOT White Bluff
204 (powers of POAs) (includes services) applies to counties over 3,300,000 (Houston area) NOT White Bluff
205 (restrictive covenants) applies to counties over 65,000 NOT White Bluff
206 (restrictions and assessments) applies to cities over 1,600,000 in counties over 2,800,000 NOT White Bluff
207 (disclosure of information) (207.006 Must put Dedicatory Instruments Online) White Bluff
208 (historic neighborhoods) applies to cities over 1,600,000 in counties over 2,800,000 NOT White Bluff
209 (property owners protection act) White Bluff
210 (extension or modification of restrictive covenants) applies to counties 200,000 to 220,000 NOT White Bluff
211 (amending and enforcing restrictive covenants) applies to counties less than 65,000 White Bluff
212 (extension of restrictive covenants) applies to cities over 2,000,000 in counties over 3,300,000 NOT White Bluff
3. County and City local ordinances are the next in Precedence.
4. Recorded Plats and easements for the development rule over all the POA documents.
5. Recorded Declarations of Covenants and Restrictions are like the POA's Ten Commandments.
This is where the developer gets to play god. However, once a developer records his Declaration,
it is cast in stone and there is no going back and making changes... UNLESS the developer is
smart enough to reserve his right and declare a method to amend the Declaration during a
development period. Except for development periods, Declarations may ONLY be amended by a
vote of 67 percent of the owners, under the Texas Property Code, Chapter 209.
6. After filing, The Articles of Incorporation become a certificate of formation, and may ONLY be
amended under the Texas Business Organizations Code Chapter 22, by a vote of the members.
7. The Bylaws may be amended by the POA Board of Directors under the Texas Business
Organizations Code. The Declaration says that the Bylaws may be amended from time to time,
but doesn't declare who may amend them, or how they may be amended.
8. Rules made by the POA Board of Directors.