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Terms Used In Texas Property Code 82.066

  • 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
  • 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
  • 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

Subject to the declaration, a declarant has an easement through the common elements as may be reasonably necessary for discharging the declarant’s obligations or exercising special declarant rights whether arising under this chapter or reserved by the declaration.