Opinion

Marina Village Lakeway Partners, Ltd. v. Lakeway Marina Village Condominium Association

Court
Texas Court of Appeals, 3rd District (Austin)
Filed
Sep 2, 2015
Status
Published
Cited by
0 cases
Authority
More cited than 3.1%

"Subject to some exceptions, a case becomes moot when a court's actions cannot affect the rights ofthe parties."

How later courts described this case

  • "Subject to some exceptions, a case becomes moot when a court's actions cannot affect the rights ofthe parties."
  • "A case becomes moot if a controversy ceases to exist between the parties at any stage of the legal proceedings, including the appeal."

Written by the judges who cited it.

The opinion

ACCEPTED

03-13-00800-CV

6763320

THIRD COURT OF APPEALS

AUSTIN, TEXAS

9/2/2015 1:01:39 PM

JEFFREY D. KYLE

CLERK

NO.03-13-00800-CV

IN THE COURT OF APPEALS FOR THE FILED IN

3rd COURT OF APPEALS

THIRD JUDICIAL DISTRICT OF TEXAS AT AUSTIN

AUSTIN, TEXAS

9/2/2015 1:01:39 PM

JEFFREY D. KYLE

MARINA VILLAGE LAKEWAY PARTNERS,LTD., Clerk

APPELLANT,

v.

LAKEWAY MARINA VILLAGE CONDOMINIUM ASSOCIATION,

APPELLEE.

From The District Court Of Travis County, 353rd Judicial District,

Cause No. D-1-GN-13-002241, The Honorable Tim Sulak Presiding

APPELLEE'S MOTION TO DISMISS APPEAL

MARK L. HAWKINS

State Bar No. 00790843

mhawkins@abaustin.com

ANDREW F. YORK

State Bar No. 24066318

ayork@abaustin.com

ARMBRUST & BROWN,PLLC

100 Congress Avenue, Suite 1300

Austin, Texas 78701

(512)435-2300 — telephone

(512)435-2360 — facsimile

Counselfor Appellee

TO THE HONORABLE COURT OF APPEALS:

Appellee Lakeway Marina Village Condominium Association (the

"Association") files this Motion to Dismiss Appeal as Moot, and respectfully

shows the Court as follows.

Following a judgment for unpaid property taxes and a foreclosure auction

conducted by Travis County, Appellant Marina Village Lakeway Partners, Ltd.

("MV Lakeway") no longer owns the unbuilt units that are the subject of this

appeal. See Exhibit A, Tax Sale Constable's Deed: As a result of the Constable's

Deed, Travis County—and not Appellant—is now the record owner of the unbuilt

units, and Appellant no longer owns any units or other real property in the

condominium regime.

Texas Property Code Section 82.104(d) provides in pertinent part:

(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;2

A certified copy of the Constable's Deed is attached as Exhibit A. The deed was

executed by Carlos B. Lopez, Constable, on August 11, 2015, and recorded in the Official Public

Records of Travis County, Texas, on August 13, 2015, as Instrument Number 2015129230.

2

A copy of this provision is attached as Exhibit B.

2

Thus, Appellant's special declarant rights have ceased to exist3 as a matter of law

for this additional reason, regardless of the merits of the arguments Appellant

presented in its briefing and argument.

Similarly, Appellant's arguments arising from its former status as "Owner of

100% of the remaining 30 units"4 are moot, and should not be considered by the

Court. (See, e.g., Section II(A)(3) of Appellant's Brief entitled "As the fee-simple

owner of the unbuilt units, Marina Village's 'improvement' rights authorize it to

construct the units in free-standing buildings.").

Thus, this appeal is moot, and should be dismissed. In re Kellogg Brown &

Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005) ("A case becomes moot if a

controversy ceases to exist between the parties at any stage of the legal

proceedings, including the appeal."); Pinnacle Gas Treating, Inc. v. Read, 104

S.W.3d 544, 545 (Tex. 2003)("Subject to some exceptions, a case becomes moot

when a court's actions cannot affect the rights ofthe parties.").

WHEREFORE, Appellee Lakeway Marina Village Condominium

Association prays that this appeal be dismissed as moot, or alternatively, that the

Court disregard any arguments arising from (a) Appellant's argument that it

3

This appeal arises from a final judgment ordering that "Plaintiffs special declarant rights

— including the right to complete the improvements comprising the Unbuilt Units — have expired,

and such special declarant rights may be restored only by an amendment to the Declaration

approved by 100% of the votes in Lakeway Marina Village Condominium Association." CR

267-68. "Special declarant rights" include the right to "complete improvements indicated on

v.lats and plans filed with the declaration." Tex. Prop. Code § 82.003(a)(22)(A).

See Appellant's Brief at xi.

3

continues to have enforceable special declarant rights, or (b) Appellant's former

status as owner of the unbuilt units.

Respectfully submitted,

ARMBRUST & BROWN,PLLC

/s/ Andrew F. York

MARK L. HAWKINS

State Bar No. 00790843

mhawkins@abaustin.com

ANDREW F. YORK

State Bar No. 24066318

ayork@abaustin.corn

ARMBRUST & BROWN,PLLC

100 Congress Avenue, Suite 1300

Austin, Texas 78701

(512)435-2300 — telephone

(512)435-2360 — facsimile

Counselfor Appellee

4

CERTIFICATE OF CONFERENCE

I hereby certify that counsel for Appellee conferred with counsel for

Appellant, Eric Taube, on September 2, 2015, who stated that Appellant opposes

the motion.

/s/ Andrew F. York

Andrew F. York

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing has been sent by

U. S. Mail and electronic filing to the following on this 2nd day of September,

2015:

Eric J. Taube

Hohmann, Taube & Summers, L.L.P.

100 Congress Ave., 18th Floor

Austin, Texas 78701

erict@l)hts-law.com

/s/ Andrew F. York

Andrew F. York

5

EXHIBIT A

1 1E1 1 1 1 1 1 1 1 1 1 1 1 11111 I I{ I TRV

7 PGS

2015129230

Constable's Deed

STATE OF TEXAS

KNOW ALL MEN BY THESE PRESENTS:

COUNTY OF TRAVIS

Cause Number: D-1-GV-13-000599

WHEREAS, by virtue of a certain Order of Sale issued by the clerk of the 419TH District

Court of Travis County, Texas in Cause Number D-1-GV-13-000599 styled TRAVIS

COUNTY, ET. AL. v. MV LAKEWAY PARTNERS, LTD. on a certain Judgment and

Decree of Sale rendered in said court; I, Carlos B. Lopez, Constable for Travis County,

Texas, did on May 29, 2015, at 2:00 p.m., in obedience to said Order of Sale, seize and

levy upon all estate, right, title, claim and interest which the Defendant had on the date of

said Judgment in and to the premises hereinafter described; and on the first Tuesday of

July, 2015, the same being on the 7th between the hours of 10:00 a.m. and 4:00 p.m., as

prescribed by law, did sell said premises at public auction in the County of Travis, at the

west side of the Courthouse thereof, in the City of Austin, Texas, having first given public

notice of the time and place of said sale by an advertisement in the English language,

published once a week for three consecutive weeks preceding such sale, the first

publication appearing not less than twenty days immediately preceding the day of the sale,

beginning on June 12, 2015, in The Austin Chronicle, a newspaper published in the

County of Travis, stating therein the authority by virtue of which such sale was to be made,

the time of levy, the time and place of sale, and a description of the property that was to be

sold, together with other information required by law, and by mailing copies of such notice

to all defendants as required by law; and

WHEREAS, at said sale, there being no bid offered for the sum of $118,534.25, the

adjudged fair value of the said property or the amount of the taxes, interest, penalties and

costs, said premises hereinafter described were bid off to Travis County, Trustee, in trust

for the use and benefit of itself and Lake Travis Independent School District, Travis County

Healthcare District d/b/a Central Health, City of Lakeway, Lakeway MUD and Travis

County Emergency Services District No. 6.

NOW,THEREFORE, KNOW ALL MEN BY THESE PRESENTS:

That in consideration of the premises in said Judgment and Order of Sale, I, Carlos B.

Lopez, Constable of Travis County, Texas, do grant, sell, and convey unto Travis County,

Trustee, in trust for the use and benefit of itself and Lake Travis Independent School

District, Travis County Healthcare District d/b/a Central Health, City of Lakeway, Lakeway

MUD and Travis County Emergency Services District No. 6, and their assigns, all the

estate, right, title, interest, and claim which the said defendant(s) had on the date said

Judgment was rendered or at any time afterwards, in and to the premises described in

said Order of Sale, and further described as follows to-wit:

AUG 3 1 2015

334093-1 I, Dana DeBeauvoir, County Clerk, Travis County,

Texas, do hereby certify that this Is a true and

correct copy as same appea record in my office.

Witness my hand and sea co on

Dana nty Clerk

OY D

ACHAD.

Constable's Deed

Cause Number D-1-GV-13-000599

August, 2015

Billing Number: 824262

Legal Description: Unit 510, Building 5, Marina Village at

Lakeway Condominium, Condo Decl. 2007196934 amended

in Doc. No. 2007210849, 2007214312 and 2008030538, said

property being a portion of that tract as desc. in Doc. No.

2006166885 of the deed records of Travis County, Texas

Billing Number: 824263

Legal Description: Unit 512, Building 5, Marina Village at

Lakeway Condominium, Condo Decl. 2007196934 amended

in Doc. No. 2007210849, 2007214312 and 2008030538, said

property being a portion of that tract as desc. in Doc. No.

2006166885 of the deed records of Travis County, Texas

Billing Number: 824264

Legal Description: Unit 514, Building 5, Marina Village at

Lakeway Condominium, Condo Decl. 2007196934 amended

in Doc. No. 2007210849, 2007214312 and 2008030538, said

property being a portion of that tract as desc. in Doc. No.

2006166885 Of the deed records of Travis County, Texas

Billing Number: 824265

Legal Description: Unit 516, Building 5, Marina Village at

Lakeway Condominium, Condo Decl. 2007196934 amended

in Doc. No. 2007210849, 2007214312 and 2008030538, said

property being a portion of that tract as desc. in Doc. No.

2006166885 Of the deed records of Travis County, Texas

Billing Number: 824266

Legal Description: Unit 518, Building 5, Marina Village at

Lakeway Condominium, Condo Decl. 2007196934 amended

in Doc. No. 2007210849, 2007214312 and 2008030538, said

property being a portion of that tract as desc. in Doc. No.

2006166885 Of the deed records of Travis County, Texas

Billing Number: 824267

Legal Description: Unit 521, Building 5, Marina Village at

Lakeway Condominium, Condo Decl. 2007196934 amended

in Doc. No. 2007210849, 2007214312 and 2008030538, said

property being a portion of that tract as desc. in Doc. No.

2006166885 Of the deed records of Travis County, Texas AUG 31 2015

334093 1

I, Dana DeBeauvoir, County Clerk, Travis County,

Texas, do hereby certify th this is a true and

correct copy as same ait,,,,tor...,,. ,

of record in my office.

Witness my hand an y ''

(- on

Dan 1.1...„, unty Clerk

Py Poputrl

ACHADO

Billing Number: 824268

Legal Description: Unit 523, Building 5, Marina Village at

Lakeway Condominium, Condo Decl. 2007196934 amended

in Doc. No. 2007210849, 2007214312 and 2008030538, said

property being a portion of that tract as desc. in Doc. No.

2006166885 Of the deed records of Travis County, Texas

Billing Number: 824269

Legal Description: Unit 525, Building 5, Marina Village at

Lakeway Condominium, Condo Decl. 2007196934 amended

in Doc. No. 2007210849, 2007214312 and 2008030538, said

property being a portion of that tract as desc. in Doc. No.

2006166885 Of the deed records of Travis County, Texas

Billing Number: 824270

Legal Description: Unit 527, Building 5, Marina Village at

Lakeway Condominium, Condo Decl. 2007196934 amended

in Doc. No. 2007210849, 2007214312 and 2008030538, said

property being a portion of that tract as desc. in Doc. No.

2006166885 Of the deed records of Travis County, Texas

Billing Number: 824271

Legal Description: Unit 529, Building 5, Marina Village at

Lakeway Condominium, Condo Decl. 2007196934 amended

in Doc. No. 2007210849, 2007214312 and 2008030538, said

property being a portion of that tract as desc. in Doc. No.

2006166885 Of the deed records of Travis County, Texas

Billing Number: 824272

Legal Description: Unit 610, Building 6, Marina Village at

Lakeway Condominium, Condo Decl. 2007196934 amended

in Doc. No. 2007210849, 2007214312 and 2008030538, said

property being a portion of that tract as desc. in Doc. No.

2006166885 Of the deed records of Travis County, Texas

Billing Number: 824273

Legal Description: Unit 612, Building 6, Marina Village at

Lakeway Condominium, Condo Decl. 2007196934 amended

in Doc. No. 2007210849, 2007214312 and 2008030538, said

property being a portion of that tract as desc. in Doc. No.

2006166885 Of the deed records of Travis County, Texas

AUG 31 2015

334093-1

Dana DeBeauvoir, County Clerk, Travis County,

Texas, do hereby certify that this is a true and

correct copy as same appears of ord In my office.

Witness my hand and seal of

Dana Do Clark

ay DQPIrtY; CHAD

Billing Number: 824274

Legal Description: Unit 614, Building 6, Marina Village at

Lakeway Condominium, Condo Decl. 2007196934 amended

in Doc. No. 2007210849, 2007214312 and 2008030538, said

property being a portion of that tract as desc. in Doc. No.

2006166885 Of the deed records of Travis County, Texas

Billing Number: 824275

Legal Description: Unit 616, Building 6, Marina Village at

Lakeway Condominium, Condo Decl. 2007196934 amended

in Doc. No. 2007210849, 2007214312 and 2008030538, said

property being a portion of that tract as desc. in Doc. No.

2006166885 Of the deed records of Travis County, Texas

Billing Number: 824276

Legal Description: Unit 618, Building 6, Marina Village at

Lakeway Condominium, Condo Decl. 2007196934 amended

in Doc. No. 2007210849, 2007214312 and 2008030538, said

property being a portion of that tract as desc. in Doc. No.

2006166885 Of the deed records of Travis County, Texas

Billing Number: 824277

Legal Description: Unit 621, Building 6, Marina Village at

Lakeway Condominium, Condo Decl. 2007196934 amended

in Doc. No. 2007210849, 2007214312 and 2008030538, said

property being a portion of that tract as desc. in Doc. No.

2006166885 Of the deed records of Travis County, Texas

Billing Number: 824278

Legal Description: Unit 623, Building 6, Marina Village at

Lakeway Condominium, Condo Decl. 2007196934 amended

in Doc. No. 2007210849, 2007214312 and 2008030538, said

property being a portion of that tract as desc. in Doc. No.

2006166885 Of the deed records of Travis County, Texas

Billing Number: 824279

Legal Description: Unit 625, Building 6, Marina Village at

Lakeway Condominium, Condo Decl. 2007196934 amended

in Doc. No. 2007210849, 2007214312 and 2008030538, said

property being a portion of that tract as desc. in Doc. No.

2006166885 Of the deed records of Travis County, Texas

AUG 3 1 2015

334093-1

I, Dana DeBeauvoir, County Cie*, Travis CbUnty,

Texas, do hereby certify that this la a true an

comect copy as same appears of re E4 rd ih my Ana.

Witness my hand and seal of 012

Dana DeBea

By Denutyl

Billing Number: 824280

Legal Description: Unit 627, Building 6, Marina Village at

Lakeway Condominium, Condo Decl. 2007196934 amended

in Doc. No. 2007210849, 2007214312 and 2008030538, said

property being a portion of that tract as desc. in Doc. No.

2006166885 Of the deed records of Travis County, Texas

Billing Number: 824281

Legal Description: Unit 629, Building 6, Marina Village at

Lakeway Condominium, Condo Decl. 2007196934 amended

in Doc. No. 2007210849, 2007214312 and 2008030538, said

property being a portion of that tract as desc. in Doc. No.

2006166885 Of the deed records of Travis County, Texas

Billing Number: 824282

Legal Description: Unit 710, Building 7, Marina Village at

Lakeway Condominium, Condo Decl. 2007196934 amended

in Doc. No. 2007210849, 2007214312 and 2008030538, said

property being a portion of that tract as desc. in Doc. No.

2006166885 Of the deed records of Travis County, Texas

Billing Number: 824283

Legal Description: Unit 712, Building 7, Marina Village at

Lakeway Condominium, Condo Decl. 2007196934 amended

in Doc. No. 2007210849, 2007214312 and 2008030538, said

property being a portion of that tract as desc. in Doc. No.

2006166885 Of the deed records of Travis County, Texas

Billing Number: 824284

Legal Description: Unit 714, Building 7, Marina Village at

Lakeway Condominium, Condo Decl. 2007196934 amended

in Doc. No. 2007210849, 2007214312 and 2008030538, said

property being a portion of that tract as desc. in Doc. No.

2006166885 Of the deed records of Travis County, Texas

Billing Number: 824285

Legal Description: Unit 716, Building 7, Marina Village at

Lakeway Condominium, Condo Decl. 2007196934 amended

in Doc. No. 2007210849, 2007214312 and 2008030538, said

property being a portion of that tract as desc. in Doc. No.

2006166885 Of the deed records of Travis County, Texas

AUG 3 1 2015

33,1U93 I, Dana DeBeauvoir, County Clerk, Travis County,

Texas, do hereby certify that this is a true and

correct copy as same appears f record In my office.

Witness my hand and sealf,e on

Dana De nty Clerk

By Dep

0,1,1 54 A ti„,

Billing Number: 824286

Legal Description: Unit 718, Building 7, Marina Village at

Lakeway Condominium, Condo Decl. 2007196934 amended

in Doc. No. 2007210849, 2007214312 and 2008030538, said

property being a portion of that tract as desc. in Doc. No.

2006166885 Of the deed records of Travis County, Texas

Billing Number: 824287

Legal Description: Unit 721, Building 7, Marina Village at

Lakeway Condominium, Condo Decl. 2007196934 amended

in Doc. No. 2007210849, 2007214312 and 2008030538, said

property being a portion of that tract as desc. in Doc. No.

2006166885 Of the deed records of Travis County, Texas

Billing Number; 824288

Legal Description: Unit 723, Building 7, Marina Village at

Lakeway Condominium, Condo Decl. 2007196934 amended

in Doc. No. 2007210849, 2007214312 and 2008030538, said

property being a portion of that tract as desc. in Doc. No.

2006166885 Of the deed records of Travis County, Texas

Billing Number: 824289

Legal Description: Unit 725, Building 7, Marina Village at

Lakeway Condominium, Condo Decl. 2007196934 amended

in Doc. No. 2007210849, 2007214312 and 2008030538, said

property being a portion of that tract as desc. in Doc. No.

2006166885 Of the deed records of Travis County, Texas

Billing Number: 824290

Legal Description: Unit 727, Building 7, Marina Village at

Lakeway Condominium, Condo Decl. 2007196934 amended

in Doc. No. 2007210849, 2007214312 and 2008030538, said

property being a portion of that tract as desc. in Doc. No.

2006166885 Of the deed records of Travis County, Texas

Billing Number: 824291

Legal Description: Unit 729, Building 7, Marina Village at

Lakeway Condominium, Condo Decl. 2007196934 amended

in Doc. No. 2007210849, 2007214312 and 2008030538, said

property being a portion of that tract as desc. in Doc. No.

2006166885 Of the deed records of Travis County, Texas

AUG 31 2015

334093-1 I, Dana DeBeauvoir, County Clerk,

Texas, do hereby cortify that this Travis County,

correct copy as same appears •f Is=cord

a true and

In my office.

Witness my hand and seal on

TO HAVE AND TO HOLD the above described property unto said, Travis County, Trustee,

in trust for the use and benefit of itself and Lake Travis Independent School District, Travis

County Healthcare District d/b/a Central Health, City of Lakeway, Lakeway MUD and

Travis County Emergency Services District No. 6, and his or her assigns forever as fully

and absolutely as I, Constable as aforesaid, can convey by virtue of said Judgment and

said Order of Sale, subject to the Defendant's right to redeem the same in the manner

prescribed by law.

IN TESTIMONY WHEREOF I hereunto set my hand this August it , 2015.

THE STATE OF TEXAS

COUNTY OF TRAVIS

BEFORE ME, the undersigned authority, on this day personally appeared Carlos B.

Lopez, Constable of Travis County, Texas, known to me to be the person and official

whose name is subscribed to the foregoing instrument, and acknowledged that he

executed the same for the purposes and consideration therein expressed and in the

capacity therein stated.

GIVEN UNDER MY HAND AND SEAL OF OFFICE this August 11 7 , 2015.

AO7N CINDA KORTAN

MY COMMISSION EXPIRES

Notary Public •••• January31,2019

Return to:

Travis County Attorney's Office; Attn: Tax

P.O. Box 1748, Austin, Texas 78767

FILED AND RECORDED

OFFICIAL PUBLIC RECORDS

Aug 13, 2015 09:33 AM

AUG 31 2015

FEE: $0.00

2015129230

334093-1

Dana DeBeauvoir, County Clerk I, Dana DeBeauvoir, County Clerk, Travis Coulq,

Travis County TEXAS Texas, do hereby certify that thisi rue sett

correct copy as same appea Or In my office.

Witness my hand and seal:001

Dana Deb Clark

By Deputy:

)" a. fy

EXHIBIT B

§ 82.104. Transfer of Special Declarant Rights, TX PROPERTY § 82.104

Vernon's Texas Statutes and Codes Annotated

Property Code (Refs & Annos)

Title 7. Condominiums

Chapter 82. Uniform Condominium Act(Refs & Annos)

Subchapter C. Condominium Management

V.T.C.A., Property Code § 82.104

§ 82.104. Transfer of Special Declarant Rights

Currentness

(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 oftrust, in case offoreclosure 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 oftrust, 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;

WestlawNext

( 2015 Thomson Reuters. No claim to original U.S. Government Works. 1

§ 82.104. Transfer of Special Declarant Rights, TX PROPERTY § 82.104

(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 ofall 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 82303(c)for

the duration ofthe period ofdeclarant 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(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.

Credits

Added by Acts 1993, 73rd Leg., ch. 244,§ 1, eff. Jan, 1, 1994.

V. T. C. A., Property Code § 82.104, TX PROPERTY § 82.104

Current through the end of the 2015 Regular Session of the 84th Legislature

End of Document 2015 Thomson Reuters. No claim to original U.S. Government Works.

WestlawNext02015 Thomson Reuters. No claim to original U.S. Government Works. 2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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