Casa Linda Estates (CLE) is divided into four sections and each section is governed by their own set of deed restrictions. The deed restrictions for CLE have a time limit – that is to say they are valid for a finite period of time at which time the said deed restrictions can be renewed and amended if desired.
CLE Deed restrictions can be renewed anytime within one year of their expiration. The last time CLE deed restrictions were renewed was in 1984.
· Section-1 Expires 3 January 2034
· Section-2 Expires 1 January 2034
· Section-3 Expired 1 January 2009
· Section-4 Expires 1 January 2034
In ALL cases, the signatures of the owners of a majority of the square footage of the given section are required to approve any renewal or amendments.
The original deed restrictions were drafted in the 1930s. As a result, the original deed restrictions contained restrictions which are illegal today. Specifically they make restrictions to those individuals of color. When the deed restrictions were renewed in 1984 sections-2, section-3, and section-4 specifically did not renew any restriction which referenced race. Although section-1 renewal did not explicitly remove references to race there is a clause which is formally stamped by the Dallas County Clerks Office on each deed restriction that effectively removes any restriction, in all deed restrictions, that discriminates based on race, color, sex, handicap, or national origin.
The CLE deed restrictions really have two parts to them: 1) The original deed restriction (drafted in the 1930s) and 2) the deed restriction renewal. The renewal is the document that either amends the original deed restrictions or can completely re-write the deed restrictions. CLE has both examples.
Section-2 is a good example where the renewal completely re-wrote the original deed restriction (for section-2); that is why you will not see the original deed restrictions for section-2; it is because they (the original deed restrictions) are no longer applicable.
Section-1 and section-4 are good examples where the renewal references the original deed restriction and makes some amendments. For section-1 and Section-4, you will find the renewal along with the original deed restrictions.
In Section-3 you will notice there are not any original deed restrictions listed. This is because they reference the deed restrictions of section-2. If you examine closely the renewal for section-3 it states the following:
“…we desire to renew and extend the restrictions, conditions and covenants running with our land, which restrictions, conditions, and covenants are recorded in Volume 2138, Page 626 of Map Records of Dallas County, Texas”
Volume 2138 Page 626 references the original deed restrictions of section-2! This is important because the renewal for section-2 is not the same as the original deed restrictions for section-2 (the set backs are different among other things). Volume 83250 Page 2827 is where section-2 renewal is formally recorded.