Legislature Makes It Possible for Southampton to Renew Deed Restrictions

The Texas Legislature has passed a law that allows Southampton to renew its deed restrictions without forming a property owners association.

HB 1071 was drafted by residents of Southampton and was sponsored in the House by State Rep. Sarah Davis and the Senate by Sen. Rodney Ellis. Long time resident Clark Martin wrote the bill.

“Shortly after my election, I met with a group of constituents residing in Southampton Place Subdivision. They were concerned about the expiration of the deed restrictions that governed the property located in Southampton,” says Davis. “Houston does not have a zoning ordinance, so many neighborhoods, including Southampton, rely on deed restrictions to protect their residential character and the investment expectation of property owners,” she says. 

Southampton’s deed restrictions were originally put in place in 1923 with an initial term of 50 years, and allowed for renewal in another 50.  They were renewed with the same terms and thus expire in 2023. 

The catch is there was no allowance for more renewals. 

So Southampton residents went to work, and not alone. Not only did they have their state rep’s support, but the city of Houston’s as well. Both Council Member Anne Clutterbuck and Mayor Annise Parker officially gave their support and sent representatives to the legislature.

“Since my days as a civic club president, I have always been supportive of providing neighborhoods with the tools they need for protecting their character,” said Mayor Parker. “This bill is in line with that position and I am happy to have supported it.”

What passed will allow for the subdivision to renew the restrictions once every 50 years in perpetuity with a majority vote of property owners. 

Because of the forethought of residents they now have a decade to work on that next part of the equation.