COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY- Franklin Johnston. P.E. OFFICE: Road & Bridge MEETING DATE: October 28 2002 TIME PREFERRED: 10:00 a.m SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss the County's authority and/or responsibility in the reputation of Condominium Developments EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston. P.E. ESTIMATED LENGTH OF PRESENTATION: IO minutes "-'F PERSONNEL MATTER-NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, government Code, is a follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds your request being addressed at the eazliest opportunity. See Agenda Request Rule Adopted by Commissioners' Court. c~ ~~i Franklin Johnston, P.E. County Engineer Kerr County Road & Bridge 4010 San Mtonio Hwy Kerrville, Texas 78028 Telephone:830-257-2993 Leonard Odom, Jr. Road Administrator Truby Hardin, Coordinator Iva Gass, Secretary MEMO TO: COMMISSIONERS COURT FROM: FRANKLIN JOHNSTON, P.E. DATE: October 21, 2002 RE: CONDOMINIUM DEVELOPMENT FAX: 830-896-8481 Email kcroads@ktc.com Does the County Engineer and the Commissioners Court have the authority under 5.0IG of the Kerr County Subdivision Rules to regulate development of a ,~ Condominium Project? The URL of the Uniform Condominium Act is: http://www capitol state tx us/statutes/py/py0008200 htm troperty -CHAPTER 82 Page 4 of 45 the exclusive use of one or more but less than all of the units. .18) ^Plan^ means a dimensional drawing that is recordable in the real property records or the condominium plat records and that horizontally and vertically identifies or describes units and common elements that are contained in buildings- (19) ^Plat^ means a survey recordable in the real property records or the condominium plat records and containing the information required by Section B2•U59. As used in this chapter, ^plat^ does not have the same meaning as ^plat^ in Chapter 212 or 232, Local Government Code, or other statutes dealing with municipal or county regulation of property development- (20) ^Purchaser^ means a person, other than a declarant, who by means of a voluntary transfer acquires a legal or equitable interest in a unit other than a leasehold interest or as security for an obligation- (21) ^Residential purposes^ means recreational or dwelling purposes, or both. (22) ^Special declarant rights^ means rights reserved for the benefit of a declarant to= (A) complete improvements indicated on plats and plans filed with the declaration; (B) exercise any development right; (C) make the condominium part of a larger condominium or a planned community; (D> maintain sales, management, and leasing offices, signs advertising the condominium, and models; (E) use easements through the common elements for the purpose of making improvements within the condominium or within real property that may be added to the condominium; or (f) appoint or remove any officer or board member of the association during any period of declarant control. (23) ^Unit^ means a physical portion of the condominium designated for separate ownership or occupancy, the boundaries of which are described by the declaration. <24) ^Unit owner^ means a declarant or other person who owns a unit, or a lessee of a unit in a leasehold condominium whose lease expires simultaneously with any lease the expiration or termination of which ---will remove the unit from the condominium, but does not include a erson having an interest in a unit solely as security for an obligation- http://www.capitol.slate.tx.us/statutes/py/py0008200.htm1 10/16/02 troperty -CHAPTER 82 (b> Unless otherwise provided by ,^~iefined by Subsection (al has aclaration or bylaws. Page 5 of 45 the declaration or bylaws, a term the same meaning if used in a Added by Acts 1993, 73rd Leg•, ch- 244, § 1, eff• Jan• 1, 1994• § 82.004. Variation by Agreement Except as expressly provided by this chapter, provisions of this chapter may not be varied by agreement, and rights conferred by this chapter may not be waived- A person may not act under a power of attorney or use any other device to evade the limitations or prohibitions of this chapter or the declaration. Added by Acts 1993, 73rd Leg•, ch. 244, § 1, eff- Jan- 1, 1994- ~ 82.005. Separate Titles and Taxation (a) If there is a unit owner other than a declarant, each unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real property- (b) If there is a unit owner other than a declarant, each unit must be separately taxed and assessed, and no separate tax or assessment may be rendered against common elements for which a declarant has not reserved development rights- Any portion of the common elements for ~'~hich a declarant has reserved any development right must be .eparately taxed and assessed against the declarant, and the declarant alone is liable for payment of those taxes. (c) If there is no unit owner other than a declarant, the real property constituting the condominium may be taxed and assessed in any manner provided by law- (d) The laws relating to homestead exemptions from property taxes apply to condominium units, which are entitled to homestead exemptions in those cases in which the owner of a single family dwelling would qualify. Added by Acts 1993, 73rd Leg•, ch. 244, § 1, eff- Jan. 1, 1994• ~ 82.006. Applicability of Local Ordinances, Regulations, and Building Codes A zoning, subdivision, building code, or other real property use law, ordinance, or regulation may not prohibit the condominium form of ownership or impose any requirement on a condominium that it would not impose on a physically identical development under a different form of ownership- Otherwise, this chapter does not invalidate or modify any provision of any zoning, subdivision, building code, or " tether real property use law, ordinance, or regulation- Added by Acts 1993, 73rd Leg•, ch• 244, § 1, eff- Jan• 1, 1994• http://www.capitolstate.tx.us/statutes/py/py0008200.html 10/16/02 ,.~operty -CHAPTER 82 Page 7 of 45 SUBCHAPTER B. CREATION, ALTERATION, AND TERMINATION OF .-. § 82.051. Creation of Condominium (a) A condominium may be created under this chapter only by recording a declaration executed in the same manner as a deed by all persons who have an interest in the real property that will be conveyed to unit owners and by every lessor of a lease the expiration or termination of which will terminate the condominium or reduce its size. The declaration shall be recorded in each county in which any portion of the condominium is located. (b) A declarant may not convey an interest in a unit until each holder of a mortgage on the unit immediately before conveyance has executed a consent to declaration, and the consent has been recorded, or is recorded concurrently with the conveyance, as part of the declaration or an amendment to the declaration. (c) If a recorded declaration is not properly executed, that defect may be cured by a subsequent execution conforming to Subsection (a). After an execution defect is cured by authority of this subsection, the declaration is retroactively effective on the date it was first recorded- (d) A county clerk shall, without prior approval from any other authority, record declarations and amendments to declarations in the `^ ^eal property records, and a county clerk shall record condominium ,M ats or plans in the real property records or in books maintained for that purpose, as a declarant may request. The book for the condominium plat records shall be the same size and type as the book for recording subdivision plats. (e) This chapter does not affect or diminish the rights of municipalities and counties to approve plats of subdivisions and enforce building codes as may be authorized or required by law. Added by Acts 1993, 73rd Leg•, ch• 244, § 1, eff..Jan- 1, 1994• § 82.052. Unit Boundaries Except as otherwise provided by the declaration or plat= t1) if walls, floors, or ceilings are designated as boundaries of a unit, then all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting part of the finished surfaces are a part of the unit, and all other portions of the walls, floors, or ceilings are a part of the common elements; (2) if any chute, flue, duct, wire, conduit, bearing wall, bearing - column, or any other fixture is partially within and partially ~tside the designated boundaries of a unit, then the portion serving only that unit is a limited common element allocated solely to that unit, and the portion serving more than one unit or the common http:!/www.capitol.state.tx.us/statuteslpy/py0008200.html 10/16(02 10/23i Y00? WED 13;13 FAQ fl30 2~? 6119 Wallace & Jackson EdKu A. Waauc Datid L 7~e4oon AaWq E Rcasm~e WALLACE& JACKSON A PRpFE551pNAL CURPOKA'IIVN ATTOI2NEY5 AT LAW 9YU MAIN YI'., $uitp I(x) K F.RR`JII,LE, TE`xA$ 7tlUY8-99(X1 ~oa2ioo~ ~o~~~ TF.I.F.PH(]NE A9U/tl.9G-9K I I "I'EI:EFAX K9U/Y~7-01 IJ October 18, 2002 Mr, Franklin Johnston County Engineer Kea County Road and Bridge Spur lOQ, Suite 100 Kerrville, Texas 78028 Ra Stablewood Dear Franklin: VIA FAX 896-8481 and REGULAR MAIL As you know we represent the developer of Stablewood. The decision has been made to change the concept and the density. As I discussed with you a portion of the land will not be included in the DevelopmenC. We are going to use the Condominium Act and the common areas will he owned in an undivided interest making this a condominium rather than a subdivisionlplatted area. lNe therefore want to withdraw the preliminary plat and confirm with this letter that the condominiut would not fall within the subdivision platting regulations or requiremrnts of Kerr County and that we can proceed, which many others .have done in the C(xu~ty os you know and as we discussed, so long as we comply with the. condominium provision of the Property Coda Lct me know if my understanding as set forth above is nvt correct. If I don't hear from you then we wilt proceed as I have outlined. Thank you far your help and time in considering this Development and our clicros evolution in the consideretion of how bast to proceed with this Development. Very truly yours, WALLACE & CKSON BY: David .Jackson DW/lQ FATIWLFCIER ro FRANKLa17nNN5rON cc: Judy Ramsey Thomas J. Fatjo> Jr. Charles I3omingues VIA FAX 238-3720 VIA FAX (713) 292-2455 VIA FAX 896-6901 ,.-.