Texas Condo vs Planned Community Documents: What Buyers Should Know

In Texas, a condominium and a planned community are not the same thing, even though both involve shared governance and common areas. A condominium is defined by the Texas Property Code as a property divided into units with individual ownership of the unit interior and common ownership of shared elements (like hallways, roofs, or parking). A planned community, by contrast, is typically a subdivision where individual owners hold fee-simple title to their lots, but are bound by restrictive covenants and a homeowners association. The distinction matters because Texas applies different statutes, disclosure rules, and enforcement procedures to each type.

• Condominiums are governed primarily by Texas Property Code Chapter 207 (Residential Tenancies Act applies to rentals; Chapter 209 covers condo governance).
• Planned communities are governed by Texas Property Code Chapter 209 (Property Owners' Association Act) and rely on recorded restrictive covenants.
• A property's legal classification is set at creation and recorded in the declaration or master deed—not by how it looks or feels to live there.
• Misclassification or ambiguity in the resale package is a closing risk that should be clarified in writing before you sign.

When you go under contract on a Texas condo or planned-community property, the seller's resale package (also called a resale certificate or HOA disclosure) should explicitly identify the property type and provide the governing documents. For a condominium, you should receive the master deed, declaration of condominium, bylaws, and any amendments. For a planned community, you should receive the declaration of covenants, conditions, and restrictions (CC&Rs), bylaws, and any amendments. If the package is vague, uses both terms interchangeably, or omits the declaration altogether, that's a signal to ask the seller's agent or title company for clarification.

• Look for the word 'condominium' or 'planned community' in the opening section of the declaration or master deed.
• Confirm the document date and any recorded amendments—older documents may not reflect current rules or recent changes.
• Check whether the declaration explicitly references Texas Property Code Chapter 207 (condo) or Chapter 209 (planned community).
• If the resale package is incomplete or unclear, request a title commitment or preliminary report that shows what documents are recorded against the property.

The condo-versus-planned-community distinction directly impacts your financial obligations, voting rights, and dispute-resolution options. Condominiums typically have more detailed statutory protections around reserve funding, special assessments, and owner voting. Planned communities rely more heavily on the CC&Rs and may have different rules for amending restrictions or removing the HOA. Additionally, the two types have different disclosure timelines and resale-certificate requirements under Texas law. Understanding which rules apply to your property before closing helps you budget for assessments, anticipate governance changes, and know your rights if a dispute arises.

• Condos have statutory reserve-funding requirements; planned communities' reserve rules depend on their CC&Rs.
• Special-assessment procedures, voting thresholds, and amendment processes differ between the two types under Texas law.
• Resale-certificate timelines and required disclosures vary, which affects how quickly you can close and what information you must receive.
• Dispute resolution, lien enforcement, and foreclosure procedures are shaped by whether the property is a condo or planned community.

Before you sign the final closing documents, take a few concrete steps to confirm whether your Texas property is a condominium or planned community. Start by reviewing the resale package your agent received; the declaration or master deed should state the type clearly. If it doesn't, contact the HOA management company or the seller's title company and ask for a written confirmation. You can also check the county deed records online (most Texas counties offer free online access) to see the recorded declaration and any amendments. Finally, if you have any doubt, ask your title company to flag the property type in the title commitment before you close.

• Read the declaration or master deed in your resale package and highlight the section that identifies the property as a condo or planned community.
• Call the HOA management company and ask them to confirm the property type in writing; they should be able to provide a one-sentence answer.
• Search the county clerk's website for the recorded declaration and any amendments to verify the legal classification.
• Ask your title company to include a note in the title commitment confirming the property type and the governing statute.