House Bill 48 Summary

• Authorizes property owners in residential subdivisions without homeowners associations to establish or amend covenants, conditions, and restrictions (CC&Rs) through majority vote, with each property plat receiving one vote regardless of ownership.

• Requires property owners seeking to establish or amend CC&Rs to file a petition with the chancery court, which must include notice by newspaper publication (three consecutive weeks) and posted notices at subdivision entrances at least 30 days before the hearing.

• Allows the chancellor to enter a decree establishing or amending CC&Rs if the petition is found to be well taken, with the decree filed in the chancery clerk's office and noted in the official plat book.

• Permits property owners in subdivisions with homeowners associations to establish or amend CC&Rs either through processes in existing governing documents (if unexpired) or by filing a petition with the chancery court signed by a majority of property owners using the same notice and hearing procedures.

• Exempts municipalities where Yacht Club Drive passes over Interstate 10 from the provisions applicable to homeowners association subdivisions.