Texas Property Code 82.055 – Contents of Declaration for All Condominiums
Terms Used In Texas Property Code 82.055
- Allocated interests: means the undivided interest in the common elements, the common expense liability, and votes in the association allocated to each unit. See Texas Property Code 82.003
- Association: means the unit owners' association organized under § 82. See Texas Property Code 82.003
- Common elements: means all portions of a condominium other than the units and includes both general and limited common elements. See Texas Property Code 82.003
- Condominium: means a form of real property with portions of the real property designated for separate ownership or occupancy, and the remainder of the real property designated for common ownership or occupancy solely by the owners of those portions. See Texas Property Code 82.003
- Declarant: means a person, or group of persons acting in concert, who:
(A) as part of a common promotional plan, offers to dispose of the person's interest in a unit not previously disposed of; or
(B) reserves or succeeds to any special declarant right. See Texas Property Code 82.003 - Declaration: means an instrument, however denominated, that creates a condominium, and any amendment to that instrument. See Texas Property Code 82.003
- Development rights: means a right or combination of rights reserved by a declarant in the declaration to:
(A) add real property to a condominium;
(B) create units, common elements, or limited common elements within a condominium;
(C) subdivide units or convert units into common elements; or
(D) withdraw real property from a condominium. See Texas Property Code 82.003 - Disposition: means a voluntary transfer to a purchaser of any legal or equitable interest in a unit but does not include the transfer or release of a security interest. See Texas Property Code 82.003
- Identifying number: means a symbol or address that identifies only one unit in a condominium. See Texas Property Code 82.003
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Plan: means a dimensional drawing that is recordable in the real property records or the condominium plat records and that horizontally and vertically identifies or describes units and common elements that are contained in buildings. See Texas Property Code 82.003
- Plat: means a survey recordable in the real property records or the condominium plat records and containing the information required by § 82. See Texas Property Code 82.003
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Special declarant rights: means rights reserved for the benefit of a declarant to:
(A) complete improvements indicated on plats and plans filed with the declaration;
(B) exercise any development right;
(C) make the condominium part of a larger condominium or a planned community;
(D) maintain sales, management, and leasing offices, signs advertising the condominium, and models;
(E) use easements through the common elements for the purpose of making improvements within the condominium or within real property that may be added to the condominium; or
(F) appoint or remove any officer or board member of the association during any period of declarant control. See Texas Property Code 82.003 - Unit: means a physical portion of the condominium designated for separate ownership or occupancy, the boundaries of which are described by the declaration. See Texas Property Code 82.003
The declaration for a condominium must contain:
(1) the name of the condominium, which must include the word “condominium” or be followed by the words “a condominium” or a phrase that includes the word “condominium,” and the name of the association;
(2) the name of each county in which any part of the condominium is located;
(3) a legally sufficient description of the real property included in the condominium;
(4) a description of the boundaries of each unit created by the declaration, including the unit’s identifying number;
(5) a statement of the maximum number of units that the declarant reserves the right to create;
(6) a description of the limited common elements other than those listed in Sections 82.052(2) and (4);
(7) a description of any real property, except real property subject to development rights, that may be allocated subsequently as limited common elements, together with a statement that the property may be so allocated;
(8) an allocation to each unit of its allocated interests;
(9) any restrictions on use, occupancy, or alienation of the units;
(10) a description of and the recording data for recorded easements and licenses appurtenant to or included in the condominium or to which any portion of the condominium is or may become subject by reservation in the declaration;
(11) the method of amending the declaration;
(12) a plat or plan or the recording data of a plat or plan that has been recorded in the real property or condominium plat records;
(13) a statement of the association’s obligation under § 82.111(i) to rebuild or repair any part of the condominium after a casualty or any other disposition of the proceeds of a casualty insurance policy;
(14) a description of any development rights and other special declarant rights reserved by the declarant, together with a legally sufficient description of the real property to which each of those rights applies, and a time limit within which each of those rights must be exercised;
(15) if any development right may be exercised with respect to different parcels of real property at different times, a statement to that effect, together with:
(A) either a statement fixing the boundaries of those portions and regulating the order in which those portions may be subjected to the exercise of each development right, or a statement that no assurances are made in those regards; and
(B) a statement as to whether, if any development right is exercised in any portion of the real property subject to that development right, that development right must be exercised in all or in any other portion of the remainder of that real property;
(16) all matters required by this chapter to be stated in the declaration; and
(17) any other matters the declarant considers appropriate.