Tex.
Prop. Code Section 214.001
Definitions
(1)
“Current developer” means an owner of one or more tracts or lots in a mixed-use real estate development, or the owner’s affiliate, who:(A)
is the current declarant in the declaration governing the development; and(B)
currently holds the developer rights for the development.(2)
“Declaration” means an instrument filed in the real property records of a county that includes restrictive covenants governing a real estate development.(3)
“Dedicatory instrument” has the meaning assigned by Section 202.001 (Definitions).(4)
“Mixed-use real estate development” means a real estate development that:(A)
contains at least 200 acres and not more than 250 acres of deed-restricted property composed of at least 10 separate tracts or parcels of property;(B)
includes:(i)
commercial properties, including hotel and retail properties, that constitute at least 70 percent of the total land area of the development; and(ii)
office properties that constitute at least 50 percent of the total land area of the development;(C)
may include other real estate uses;(D)
is governed by a property owners’ association; and(E)
is subject to a dedicatory instrument that:(i)
requires mandatory membership in the property owners’ association;(ii)
authorizes the property owners’ association to collect a regular assessment on all or a majority of the property in the development;(iii)
requires the approval of owners of more than:(a)
90 percent of the ground area constituting the development to change a provision of the dedicatory instrument governing the permitted use of a property; or(b)
60 percent of the ground area constituting the development to change a provision of the dedicatory instrument that is not related to the permitted use of a property; and(iv)
provides that voting for an amendment is based on the number of acres owned by each owner.(5)
“Property owners’ association” has the meaning assigned by Section 202.001 (Definitions).
Source:
Section 214.001 — Definitions, https://statutes.capitol.texas.gov/Docs/PR/htm/PR.214.htm#214.001
(accessed Jun. 5, 2024).