Prior to the approval of the Uniform Condominium Act by the Uniform Law Commission in 1977, few state condominium enabling statutes included specific provisions on submission of a leasehold interest to the condominium form of ownership.1 In 1994, Texas adopted the Texas Uniform Condominium Act (the "Act") 2 using the Uniform Condominium Act as its base. The Texas Uniform Condominium Act includes definitions, disclosures and a few requirements tailored for the leasehold condominium project. Despite an active condominium practice over the last 25 years, using a lease, as opposed to fee title to land, as the founding real estate interest submitted to a condominium declaration has been relatively rare.  Continue Reading

Originally presented at the State Bar of Texas 40th Annual Advance Real Estate Law - July 12 - 14, 2018.