Form 24-29

Before completing this form, the attorney should complete the supplemental checklist (SC), form 24-19 in this chapter. Information called for in this form by item numbers corresponds with the same-numbered items on that checklist.

Explanation of Proposed Condominium Termination Agreement and Ratification of Real Estate Sales Contract

The following are brief explanations of the Condominium Termination Agreement and the Real Estate Sales Contract proposed to be adopted by the Unit Owners as the Members of [SC item 44] (the “Association”). Accompanying the Meeting Notice is the proposed Condo­minium Termination Agreement, which has attached to it the Real Estate Sales Contract.

Background

[SC item 22] was established as a condominium regime by the execution of a Declara­tion dated [SC item 40], which is filed for record in the county clerk’s records of [SC item 23] County, Texas. Attached to the Declaration as an exhibit are bylaws for the Association (“Bylaws”). The Declaration created the condominium regime for the Condominiums pursu­ant to article 1301a of the Texas Revised Civil Statutes, the state statute that was later codified as chapter 81 of the Texas Property Code, which statute is known as the “Texas Condominium Act” and is sometimes referred to as the “first-generation” or “older” condominium act. Sub­sequent to the Texas Condominium Act, a “second-generation” or “newer” condominium act was adopted by the state of Texas, which is codified as chapter 82 of the Texas Property Code, and which statute is known as the “Texas Uniform Condominium Act,” also referred to as “TUCA.” The Members amended the Declaration and Bylaws to elect for the Association, the Members, and the Condominium to be governed by chapter 82 of the Texas Property Code and adopted related amendments, which are filed for record in document number [SC item 34] of the Official Public Records of [SC item 23] County, Texas.

Proposals

A.Condominium Termination Agreement

B.Real Estate Sales Contract

Adoption Certificate

The undersigned officer of [SC item 44] (the “Association”) certifies that the Condo­minium Termination Agreement and the Real Estate Sales Contract were adopted by the req­uisite number of Unit Owners as Members of the Association pursuant to a duly called special meeting of the Association, and attached hereto are the counterpart Ballot Signature and Notarization Pages of the Members voting to adopt the Condominium Termination Agree­ment and the Real Estate Sales Contract and a Voting Roll tally of the vote of the Members. If a Member voted by proxy, attached is the Ballot Signature and Notarization Page of the proxy.

[SC item 44], a Texas nonprofit corporation

By:      
        [SC item 37], Secretary

STATE OF TEXAS

COUNTY OF [county]

This instrument was acknowledged before me on [date] by [SC item 37], secretary of [SC item 44], a Texas nonprofit corporation, on behalf of the corporation.

   
Notary Public, State of Texas