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Terms Used In Texas Property Code 82.105

  • Affiliate of a declarant: means any person who controls, is controlled by, or is under common control with a declarant. See Texas Property Code 82.003
  • Association: means the unit owners' association organized under § 82. See Texas Property Code 82.003
  • Board: means the board of directors or the body, regardless of name, designated to act on behalf of the association. 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
  • Contract: A legal written agreement that becomes binding when signed.
  • 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
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • 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

An association in a residential or recreational condominium may terminate, without penalty, contracts or leases between the association and a declarant or an affiliate of a declarant if:
(1) the contract is entered into by the association while controlled by the declarant;
(2) the association terminates the contract or lease before the first anniversary of the date a board elected by the unit owners takes office; and
(3) the association gives at least 90 days’ notice of its intent to terminate the contract or lease to the other party.