Condominium and Property Owner Associations and Development
In Texas, the laws governing homeowner and other property owner associations, and the development of property with shared interests vary widely. The statutory laws are found in different sources -- the Property Code and the Business Organizations Code being among the most prominent. The applicable Texas state laws depend on a variety of factors, including:
- Whether the owner association is a condominium association or a developer (Property Code Chapters 81 & 82) or non-condominium association or developer (Property Code Chapter 209 and other laws, depending on additional factors, including the location of the property development)
- Whether a condominium association was formed (i) before January 1, 1994 (Chapter 81 and [in many but not all cases] certain portions of Chapter 82 of the Texas Property Code), or (ii) on or after January 1, 1994
- Whether a non-condominium association was formed before January 1, 1974 and/or does not have the authority to impose fines
- The make-up of the members of a non-condominium association, and how the members are governed
- Whether the association represents the owners and manages or regulates the development
- Whether the association is a for-profit or nonprofit association
- Whether the property development is residential, commercial, or mixed-use
- Where in the state the property development is located
- At what stage in the development the property is
- Whether lots or units are sold by the developer or others
- Whether the development involves a Timeshare
This list is by no means all-inclusive. In addition, the property Declaration, Covenants, Conditions & Restrictions (CC&Rs), Bylaws, Rules & Regulations, Articles of Incorporation or Certificate of Formation, and other governing documents play a significant role in interpreting and resolving legal issues. In some instances, federal statutes apply to the property, the association and/or the developer. Case law interpretation and the inter-relationships among all these sources of “laws” can be complex.
At the Kantack Alcantara Law Office, PC, we have over 37 years of experience in four different states in addressing property development, association and governance issues. Our unique combination of legal knowledge involving real estate and business entities/organizations gives us the skills to efficiently and accurately assess legal issues involved in condominium and non-condominium property development and governance.
For experienced and knowledgeable counsel, contact our South Padre Island, Texas law office. Or call us at 956-761-8000. Our office is open from 8:30 a.m. to 5:30 p.m., Monday through Friday, and evenings and weekends by appointment. If necessary, we will travel to you to meet with you. We strive to offer clients competitive, reasonable rates and professional, focused counsel.