Definitions

Sec. 82.003. DEFINITIONS. (a) In this chapter: (1) "Affiliate of a declarant" means any person who controls, is controlled by, or is under common control with a declarant. A person "controls" a declarant if the person is a general partner, officer, director, or employer of the declarant; directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote or holds proxies representing more than 20 percent of the voting interests in the declarant; determines in any manner the election of a majority of the directors of the declarant; or has contributed more than 20 percent of the capital of the declarant. A person "is controlled by" a declarant if the declarant is a general partner, officer, director, or employer of the person; directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing more than 20 percent of the voting interests in the person; determines in any manner the election of a majority of the directors of the person; or has contributed more than 20 percent of the capital of the person. (2) "Allocated interests" means the undivided interest in the common elements, the common expense liability, and votes in the association allocated to each unit. (3) "Association" means the unit owners' association organized under Section 82.101 . (4) "Board" means the board of directors or the body, regardless of name, designated to act on behalf of the association. (5) "Common elements" means all portions of a condominium other than the units and includes both general and limited common elements. (6) "Common expense liability" means the liability for common expenses allocated to each unit. (7) "Common expenses" means expenditures made by or financial liabilities of the association, together with any allocations to reserves. (8) "Condominium" means a form of real property with portions of the real property designated for separate ownership or occupancy, and the remainder of the real property designated for common ownership or occupancy solely by the owners of those portions. Real property is a condominium only if one or more of the common elements are directly owned in undivided interests by the unit owners. Real property is not a condominium if all of the common elements are owned by a legal entity separate from the unit owners, such as a corporation, even if the separate legal entity is owned by the unit owners. (9) "Conversion building" means a building that at any time before creation of the condominium was occupied wholly or partially by persons other than purchasers and persons who occupy with the consent of purchasers. (10) "Declarant" means a person, or group of persons acting in concert, who: (A) as part of a common promotional plan, offers to dispose of the person's interest in a unit not previously disposed of; or (B) reserves or succeeds to any special declarant right. (11) …

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