Revise laws regarding residential covenants
HB 761 revises laws regarding residential property covenants, aiming to protect property owners' rights. It prevents the enforcement of any new or amended restrictions on property use that are more restrictive than those that existed when the owner acquired the property, unless the owner provides express written consent. Owners claiming this protection must record their exception with the county clerk. The bill clarifies how these protections apply to successor owners and maintains the validity of existing covenants, except for newly imposed, more restrictive terms without consent.
Bill status
died
2 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Mar 2025
House Failed
Mar 2025
Governor
Introduced Feb 25, 2025
Last action May 20, 2025
Maddy AI version diff · 1 comparison
What changed between versions
LC4384.pdf
→
HB0761_1.pdf
·
2 edits
MINOR
The bill number was updated from LC 4384 to HB 761.1, and the sponsor was identified as G. Overstreet. A new provision was added to Section 19, which appears to establish rules regarding how homeowners' associations can enforce covenants after May 9, 2019, specifically concerning limitations on the types of property use allowed.
Scope change
The bill's scope remains residential covenant law, but the new Section 19 adds specific enforcement limitations effective after May 9, 2019.
ENFORCEMENT
New Section 19 restricts how homeowners' associations can enforce covenants to prevent limiting the types of use of a member's real property.
TECHNICAL
Updated bill identifier from LC 4384 to HB 761.1 and added the sponsor's name.
Floor votes · House Mar 6, 2025
How they voted
48–51
Failed · 1 other
Total votes 100
Mar 6, 2025
D
Democratic42
95% Nay
R
Republican58
79% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
19
Key actions
2
Committee
3
Mar 6, 2025
Vote failed
House Vote: fail (48-51-1)
house
Mar 4, 2025
Lower · Passed
(H) Committee Report - (H) Judiciary
lower
Mar 3, 2025
Lower · Passed
(H) Committee Executive Action - (H) Judiciary
lower
Feb 26, 2025
Committee
(H) Referred to Committee - (H) Judiciary
lower
Feb 25, 2025
Introduced
(H) Introduced
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Greg Overstreet
RRepublican
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