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### E NE GENERAL QFTEXAS

RonorableW.'C. Lindsey Criminal District Attorney JeffersonCounty Beaumont,Texas

Dear Sir: 18, 

### 1966

Opinion Ro. c-620 Re: Constructionof Article 1301a, Sec. 7, Vernon's Civil Statutes, commonly known as the Condominium Act. In your letter dated February 8, 1966, you requested an opinion from this office on substantially the following question:Hay a County Clerk use one or more separatevolumes, properly labeled and indexed,as a "well-bound book", for the recording of "Condominium Records* as requiredby Article 1301a, Sec. 7, Vernon's Civil Statutes?

Article 1301a, Section 7, provides in subsection (A) that 'Every County Clerk shall provide a suitablewell-bound book, to be called 'Condominium Records' in which will be recordedMaster deeds, Master leases, or Declarations." Subsection (B) states that the declaration,as defined, in the act, shall contain a legal descriptionof the land, a general description of each apartmentand each garage, etc., depicted by a plat. Subsection (C) provides for the recordatfonof such plats and instruments.

We view Section 7 as establishing a system or procedure for the registrationof the condolainium instruments

mentioned with the intent of the Legislatureto accomplishthe urposes for wh$ch the recordatlonstatuteswere enacted. g See 9 Tex.Jur.2d in Section 2(n

7 Al. The Legislatureexpressed this intent clearly E Article 1801a,when it provided: "(n) 'To record'means to record in the office of the County Clerk of the county in which the property is situatedin accordance with the provisionsof Title 115, Revised Civil Statutes of Texas, 1925, as amended."

-3011-Hon. W. C. Lindsey,page 2 (C-620)

In your request you state In essence that the procedurewhich the County Clerk proposes to use is two volumes in compliance

with Sec. 7, Article 1301a, V.C.S.; one volume for the recordingof the Master Deeds,,Masterleases, or Declarationsand one volume'forthe recording of the Plats or Raps. One of these volumes is to be marked or labeled "Cond~ominium

Records - 1A" and. the other "Condominium Records - 1B" with each of these volumes crossindexed. These volumes are to be of different sizes, commensurate with the Instruments which are to be recorded therein.

Such~ a system as outlined in your requestmeets the requlrements,,as

set forth by the Legislatureand is a reasonable and convenient

method of complyingtherewith. The fact that the languageused in Section 

### 7 (A) is drafted in the singulardoes not alter or prevent the use of one or more volumes to meet the purposes of registrationor the requirementof Sec. 

### 7, Article 1301a. Article 10 of Vernon's Civil Statutes clearly allows the singular to be construed in the plural andi,v$ce:.versa when it.expressly

prqyides: "The'following

rules shall govern In t,he constructionof all civil statutoryenactments: "

. . . . "A. The singularand plural number 'shall each include the other, unless~ otherwiseexpressly provld~ed.",
rule. We find no expressprovfsion to'otherwiselimit thia

.In view of,the above statutoryrule of construction : and the languageof the article involved 'together with the purposes sought to-be accomplished by reg$strationstatutesgenerally, it is the,

opinion of this office that t.he County Clerk may in his discretionuse oneor more.volumes, properly labeled and Indexed, to meet the recordingrequirements, of Artlcle,l3Ola

when such system adequately~provides the public with notice and serves to prevent and suppressfrauds. S U M M'A R Y A County Clerk may in his discretionuse one or more volumes,properly labeled and indexed, to constitute "a well-boundbook" to meet the recording. -

Hon. W. C. Lindsey/page 

### 3 (c- 

### 620)

requirementsof Article 1301a, V.C.S., when such system provides notice to the public and serves to prevent and suppress frauds. Very truly yours, WAOOONER CARR Attorney Qeneral

By:

JPC:ra APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman w. 0. Shultz Arthur Sandlin Dean Arrington Ben Harrison APPROVED FOR TRR ATTORNEY QERRRAL BY: T. B. Wright

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