- (a) This section applies to restrictions providing for the creation and operation of an architectural control committee with the power to approve or deny applications for proposed original construction or modification of a building, structure, or improvement.
(b) Unless the restrictions applicable to a residential real estate subdivision vest the architectural control committee authority in the property owners' association before either of the following events, the architectural control committee authority automatically vests in the property owners' association when:
- (1) the term of the architectural control committee authority expires as prescribed by the restrictions;
- (2) a residence on the last available building site is completed and sold;
- (3) the person or entity designated as the architectural control committee in the restrictions assigns, in writing, authority to the property owners' association; or
- (4) an assignee of the original holder abandons its authority for more than one year.
(c) If the architectural control committee authority is transferred to the property owners' association, the authority is vested in the property owners' association until:
- (1) the restrictions are modified to reflect otherwise;
- (2) the restrictions are terminated; or
- (3) the property owners' association ceases to exist.
Added by Acts 1995, 74th Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1995.