The Texas Property Code is full of statutes that can create headaches for real estate developers who wish to develop a condominium regime. In the initial planning stages of the development, it is crucial for developers not to look ahead to what the end results will be without first getting their plats and plans structured and filed correctly to avoid the normal minor headaches of development turning into a full-blown migraine.

The statutory requirements for condominium plats and plans can be found in Sec. 82.059 of the Texas Property Code. Sec. 82.059(a) which establishes that plats and plans are a part of the declaration and may be recorded as a part of the declaration or separately.  The section goes on to state that each plat or plan must be legible and contain a certification that the plat or plan contains all information required by the section.

It is key for developers to pay close attention to the requirements listed in Sec. 82.059(b) because this section lays out what each plat must show when it is filed. The plats must show:

(1)  the name and a survey or general schematic map of the entire condominium;

(2)  the location and dimensions of all real property not subject to development rights, or subject only to the development right to withdraw, and the location and dimensions of all existing improvements within that real property;

(3)  a legally sufficient description of any real property subject to development rights, labeled to identify the rights applicable to each parcel;

(4)  the extent of any encroachments by or on any portion of the condominium;

(5)  to the extent feasible, a legally sufficient description of all easements serving or burdening any portion of the condominium, and the location of any underground utility line that is actually known by the declarant at the time of filing the declaration to have been constructed outside a recorded easement;

(6)  the location and dimensions of any vertical unit boundaries not shown or projected on recorded plans and the unit’s identifying number;

(7)  the location of horizontal unit boundaries, if any, with reference to established data, unless described in the declaration or shown or projected on recorded plans, and the unit’s identifying number;

(8)  a legally sufficient description of any real property in which the unit owners will own only an estate for years, labeled as “leasehold real property”;

(9)  the distance between noncontiguous parcels of real property constituting the condominium;

(10)  the location and dimensions of limited common elements, other than those described by Sections 82.052(2) and (4);

(11)  in the case of real property not subject to development rights, all other matters required by law on land surveys; and

(12)  the distance and bearings locating each building from all other buildings and from at least one boundary line of the real property constituting the condominium.

Sec. 82.059(c) further states that a plat show the intended location and dimensions of a contemplated improvement to be constructed anywhere within the condominium, which must be labeled either “MUST BE BUILT” or “NEED NOT BE BUILT.”

For items not shown on the plats, developers can place them in the plans for the development. Sec 82.059(d) states the plans must show:

(1)  the location and dimensions of the vertical boundaries of each unit, and the unit’s identifying number;

(2)  the horizontal unit boundaries, if any, with reference to established data, unless described in the declaration, and the unit’s identifying number; and

(3)  any units, appropriately identified, in which the declarant has reserved the right to create additional units or common elements.

Another key point in this section is found in 82.059 (g), which states an independent licensed surveyor or engineer shall certify at least one plat, whether contained in one or more pages, showing all perimeter land boundaries of the condominium, except for additional real property, and showing the locations on the ground of all buildings labeled “MUST BE BUILT” in relation to land boundaries.  Certification of any other plat or plan required by this chapter shall be made by an independent licensed architect, surveyor, or engineer.

While preparing plats and plans, developers should work closely with their legal counsel to ensure each step of Sec. 82.059 is followed correctly.