DEFINITIONS.

In this chapter:

(1) "Current developer" means an owner of one or more tracts or lots in a mixed-use real estate development, or the owner's affiliate, who:

(A) is the current declarant in the declaration governing the development; and

(B) currently holds the developer rights for the development.

(2) "Declaration" means an instrument filed in the real property records of a county that includes restrictive covenants governing a real estate development.

(3) "Dedicatory instrument" has the meaning assigned by Section 202.001.

(4) "Mixed-use real estate development" means a real estate development that:

(A) contains at least 200 acres and not more than 250 acres of deed-restricted property composed of at least 10 separate tracts or parcels of property;

(B) includes:

(i) commercial properties, including hotel and retail properties, that constitute at least 70 percent of the total land area of the development; and

(ii) office properties that constitute at least 50 percent of the total land area of the development;

(C) may include other real estate uses;

(D) is governed by a property owners' association; and

(E) is subject to a dedicatory instrument that:

(i) requires mandatory membership in the property owners' association;

(ii) authorizes the property owners' association to collect a regular assessment on all or a majority of the property in the development;

(iii) requires the approval of owners of more than:

(a) 90 percent of the ground area constituting the development to change a provision of the dedicatory instrument governing the permitted use of a property; or

(b) 60 percent of the ground area constituting the development to change a provision of the dedicatory instrument that is not related to the permitted use of a property; and

(iv) provides that voting for an amendment is based on the number of acres owned by each owner.

(5) "Property owners' association" has the meaning assigned by Section 202.001.