Leasehold Condominiums - State Bar of Texas 40th Annual Advance Real Estate Law, co-authors Bob Burton and Preston Patten

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