Tex. Prop. Code Section 82.104
Transfer of Special Declarant Rights


(a)

Special declarant rights created or reserved under this chapter may not be transferred except by an instrument evidencing the transfer recorded in each county in which any portion of the condominium is located. The instrument is not effective unless executed by the transferee.

(b)

On transfer of any special declarant right, a transferor is not relieved of an obligation or liability arising before the transfer. A transferor is not liable for an act or omission or a breach of an obligation arising from the exercise of a special declarant right by a successor declarant who is not an affiliate of the transferor.

(c)

Unless otherwise provided by a mortgage instrument or deed of trust, in case of foreclosure of a mortgage, tax sale, judicial sale, sale by a trustee under a deed of trust, or sale under Bankruptcy Code or receivership proceedings, of a unit owned by a declarant or of real property in a condominium subject to development rights, a person acquiring title to all the real property being foreclosed or sold may request to succeed to all special declarant rights or only to rights reserved by the declaration to maintain models, offices, and signs. The judgment or instrument conveying title may provide for transfer of only the special declarant rights requested.

(d)

On foreclosure, tax sale, judicial sale, sale by a trustee under a deed of trust, or sale under Bankruptcy Code or receivership proceedings of all units and other real property in a condominium owned by a declarant:

(1)

the declarant ceases to have any special declarant rights; and

(2)

the period of declarant control terminates unless the judgment or instrument conveying title provides for transfer of all special declarant rights held by that declarant to a successor declarant.

(e)

The liabilities and obligations of a person who succeeds to special declarant rights are as follows:

(1)

a successor to a special declarant right who is an affiliate of a declarant is subject to all obligations and liabilities imposed on the transferor by this chapter or by the declaration;

(2)

a successor to a special declarant right, other than a successor described by Subdivision (3) or (4), who is not an affiliate of a declarant, is subject to all obligations and liabilities imposed on the transferor by this chapter or by the declaration;

(3)

a successor to only a right reserved by the declaration to maintain models, offices, and signs, who is not an affiliate of a declarant, may not exercise any other special declarant right, and is not subject to any liability or obligation as a declarant, except the obligation to provide a condominium information statement and any liability arising as a result; and

(4)

a successor to all special declarant rights held by the successor’s transferor who is not an affiliate of that declarant and who succeeded to those rights pursuant to a deed in lieu of foreclosure or a judgment or instrument conveying title to units under Subsection (c) may declare the person’s intention in a recorded instrument to hold those rights solely for transfer to another person; thereafter, until all special declarant rights are transferred to a person acquiring title to any unit owned by the successor, or until an instrument permitting exercise of all those rights is recorded, the successor may not exercise any of those rights other than any right held by the successor’s transferor to control the board as provided by Section 82.103 (Board Members and Officers)(c) for the duration of the period of declarant control, and an attempt to exercise those rights is void; so long as a successor declarant may not exercise special declarant rights under this subdivision, the successor is not subject to any liability or obligation as a declarant other than liability for acts and omissions under Section 82.103 (Board Members and Officers)(a).

(f)

This section does not subject a successor to a special declarant right to any claims against or other obligations of a transferor declarant, other than claims and obligations arising under this chapter or the declaration.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.

Source: Section 82.104 — Transfer of Special Declarant Rights, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­82.­htm#82.­104 (accessed Mar. 23, 2024).

82.001
Short Title
82.002
Applicability
82.003
Definitions
82.004
Variation by Agreement
82.005
Separate Titles and Taxation
82.006
Applicability of Local Ordinances, Regulations, and Building Codes
82.007
Condemnation
82.008
Venue
82.051
Creation of Condominium
82.052
Unit Boundaries
82.053
Construction and Validity of Declaration and Bylaws
82.054
Description of Units
82.055
Contents of Declaration for All Condominiums
82.056
Leasehold Condominiums
82.057
Allocation of Common Element Interests, Votes, and Common Expense Liabilities
82.058
Limited Common Elements
82.059
Plats and Plans
82.060
Exercise of Development Right
82.061
Alterations of Units
82.062
Relocation of Boundaries Between Adjoining Units
82.063
Subdivision of Units
82.064
Easement for Encroachments
82.065
Use for Sales Purposes
82.066
Easement Rights
82.067
Amendment of Declaration
82.068
Termination of Condominium
82.069
Rights of Secured Lenders
82.070
Meeting at Which Amendments May Be Adopted
82.101
Organization of Unit Owners’ Association
82.102
Powers of Unit Owners’ Association
82.103
Board Members and Officers
82.104
Transfer of Special Declarant Rights
82.105
Termination of Contracts and Leases of Declarant
82.106
Bylaws
82.107
Upkeep of Condominium
82.108
Meetings
82.109
Quorums
82.110
Voting and Proxies
82.111
Insurance
82.112
Assessments for Common Expenses
82.113
Association’s Lien for Assessments
82.114
Association Records
82.115
Association as Trustee
82.116
Management Certificate
82.117
Obligations of Unit Owners
82.118
Service of Process on Unit Owners in Certain Municipalities
82.119
Procedures for Filing Suit or Initiating Arbitration Proceedings for Defect or Design Claims for Certain Associations
82.120
Binding Arbitration for Certain Claims
82.121
Possession of Firearm or Firearm Ammunition on Condominium Property
82.151
Applicability
82.152
Liability for Condominium Information Statement
82.153
Condominium Information Statements in General
82.154
Condominiums with Conversion Buildings
82.155
Condominium Securities
82.156
Purchaser’s Right to Cancel
82.157
Resale of Unit
82.158
Escrow of Deposits
82.159
Release of Liens
82.160
Conversion Buildings
82.161
Effect of Violations on Rights of Action and Attorney’s Fees
82.162
Labeling of Promotional Material
82.163
Declarant’s Obligation to Complete and Restore
82.164
Loans as Eligible Investments
82.0675
Restriction Relating to Club Membership
82.1141
Access to Association Records

Accessed:
Mar. 23, 2024

§ 82.104’s source at texas​.gov