- (a) A restrictive covenant shall be liberally construed to give effect to its purposes and intent.
- (b) In this subsection, "family home" is a residential home that meets the definition of and requirements applicable to a family home under Chapter 123, Human Resources Code. A dedicatory instrument or restrictive covenant may not be construed to prevent the use of property as a family home. However, any restrictive covenant that applies to property used as a family home shall be liberally construed to give effect to its purposes and intent except to the extent that the construction would restrict the use as a family home.
Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987.
Acts 2023, 88th Leg., R.S., Ch. 291 (S.B. 1768), Sec. 10, eff. May 29, 2023.