TUCA at 25: Drafting Tips and Traps, Real Estate Drafting 2019 (March 2019)

From July 2017 to June 2018, 14,279 condominiums were sold in Texas at a dollar volume of $3,414,945,120. In the twenty-five years since the enactment of the Texas Uniform Condominium Act (“TUCA”), the demand for both new-build and re-sale condominium units remains strong. To commemorate TUCA turning twenty-five, we reflect back on the history that helped shape and develop TUCA into a codified body of law, discuss a few issues associated with drafting of a condominium declaration, and briefly examine the changes that have been made to TUCA since its enactment. A quick note regarding the use of the term developer and declarant: in this article, I use developer and declarant interchangeably. Both terms mean, for the purpose of this article, the party who is developing the project, causes the condominium declaration to be recorded, is the named declarant under the condominium declaration, and will sell and convey units to purchasers. This is not always the case. There are circumstances where a project will include multiple parties with similar rights related to the development and sale of condominium units in the same project.

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