Texas Property Code 82.162 – Labeling of Promotional Material
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Terms Used In Texas Property Code 82.162
- 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 - 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
If any improvement contemplated in a condominium is labeled “NEED NOT BE BUILT” on a plat or plan or is to be located within a portion of a condominium with respect to which the declarant has reserved a development right, no promotional material that describes or depicts the improvement may be displayed or delivered to prospective purchasers unless the description or depiction of the improvement is conspicuously labeled or identified as “NEED NOT BE BUILT.”