. ._ 

E NE GENERAL 

QFTEXAS 

Ronorable W.'C. Lindsey 

Criminal District Attorney 

Jefferson County 

Beaumont, Texas 

Dear Sir: 

18, 1966 

Opinion Ro. c-620 

Re: Construction of 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 separate volumes, 

properly labeled and indexed, as a "well-bound book", for the 

recording of "Condominium Records* as required by Article 1301a, 

Sec. 7, Vernon's Civil Statutes? 

Article 1301a, Section 7, provides in subsection (A) 

that 'Every County Clerk shall provide a suitable well-bound 

book, to be called 'Condominium Records' in which will be 

recorded Master deeds, Master leases, or Declarations." Subsection (B) states that the declaration, as defined, in the act, 

shall contain a legal description of the land, a general description of each apartment and each garage , etc., depicted by a plat. 

Subsection (C) provides for the recordatfon of such plats and 

instruments. 

We view Section 7 as establishing a system or procedure for the registration of the condolainium instruments mentioned with the intent of the Legislature to accomplish the 

urposes for wh$ch the recordatlon statutes were enacted. 

g 

See 

9 Tex.Jur.2d 

in Section 2(n 7 

Al. The Legislature expressed 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 situated in accordance 

with the provisions of 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 procedure which the County Clerk proposes to use is two volumes 

in compliance with Sec. 7, Article 1301a, V.C.S.; one volume 

for the recording of the Master Deeds,,Master leases, or 

Declarations and one volume'for the 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 request meets the 

requlrements,,as set forth by the Legislature and is a reasonable 

and convenient method of complying therewith. 

The fact that the language used in Section 7 (A) is 

drafted in the singular does not alter or prevent the use of 

one or more volumes to meet the purposes of registration or the 

requirement of 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 

construction of all civil statutory enactments: 

" 

. . . . 

"A. The singular and plural number 'shall 

each include the other, unless~ otherwise expressly provld~ed.", 

rule. 

We find no express provfsion to'otherwise limit thia 

.In view of,the above statutory rule of construction : 

and the language of the article involved 'together with the purposes sought to-be accomplished by reg$stration statutes generally, 

it is the, opinion of this office that t.he County Clerk may in his 

discretion use oneor more.volumes, properly labeled and Indexed, 

to meet the recording requirements, of Artlcle,l3Ola when such 

system adequately~provides the public with notice and serves to 

prevent and suppress frauds. 

S U M M'A R Y 

A County Clerk may in his discretion use one 

or more volumes, properly labeled and indexed, to 

constitute "a well-bound book" to meet the recording 
. - 

Hon. W. C. Lindsey/page 3 (c- 620) 

requirements of 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 

-3013-