reglab/housing_qa huggingface dataset:
TX Prop § 82.057 (2021)
2021 Texas Statutes|Property Code|Title 7 - Condominiums|Chapter 82 - Uniform Condominium Act|Subchapter B. Creation, Alteration, and Termination of Condominiums|Section 82.057. Allocation of Common Element Interests, Votes, and Common Expense Liabilities

Sec. 82.057.  ALLOCATION OF COMMON ELEMENT INTERESTS, VOTES, AND COMMON EXPENSE LIABILITIES.  (a)  The declaration shall allocate a fraction or percentage of undivided interests in the common elements and in the common expenses of the association, and a portion of the votes in the association, to each unit and state the formulas used to establish those allocations.  These allocations may not discriminate in favor of units owned by a declarant.(b)  If units may be added to or withdrawn from the condominium, the declaration must state the formulas to be used to reallocate the allocated interests among all units included in the condominium after the addition or withdrawal.(c)  The declaration may provide:(1)  that different allocations of votes must be made to the units on particular matters specified in the declaration;  and(2)  for class voting on specified issues affecting the class if necessary to protect valid interests of the class.(d)  A declarant may not use cumulative or class voting to evade any limitation imposed on declarants by this chapter.  Units may not constitute a class because the units are owned by a declarant.(e)  Except for minor variations due to rounding, the sums of the undivided interests in the common elements and of the common expense liabilities allocated at any time to all the units shall each equal one if stated as fractions or 100 percent if stated as percentages.  If a discrepancy exists between an allocated interest and the result derived from application of the pertinent formula, the allocated interest prevails.(f)  The common elements are not subject to partition.  Any purported conveyance, judicial sale, or other voluntary or involuntary transfer of an undivided interest in the common elements without the unit to which that interest is allocated is void.|Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.|
TX Prop § 82.058 (2021)
2021 Texas Statutes|Property Code|Title 7 - Condominiums|Chapter 82 - Uniform Condominium Act|Subchapter B. Creation, Alteration, and Termination of Condominiums|Section 82.058. Limited Common Elements

Sec. 82.058.  LIMITED COMMON ELEMENTS.  (a)  The limited common elements and the provisions of the declaration relating to the right to use the limited common elements may not be altered without the consent of each affected unit owner and the owner's first lien mortgagee.(b)  Except as otherwise provided by the declaration, a limited common element may be reallocated by an amendment to the declaration, executed by the unit owners between or among whose units the reallocation is made.  The persons executing the amendment shall deliver it to the association, which shall record it at the expense of the reallocating unit owners.(c)  A common element not previously allocated as a limited common element may not be allocated except pursuant to the declaration made in accordance with Section 82.055(7).  The allocation shall be made by amendment to the declaration.|Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.|
TX Prop § 82.060 (2021)
2021 Texas Statutes|Property Code|Title 7 - Condominiums|Chapter 82 - Uniform Condominium Act|Subchapter B. Creation, Alteration, and Termination of Condominiums|Section 82.060. Exercise of Development Right

Sec. 82.060.  EXERCISE OF DEVELOPMENT RIGHT.  (a)  To exercise a development right, the declarant must prepare, execute, and record an amendment to the declaration and record new plats and plans for that real property.  The declarant is the unit owner of any units created.  The amendment to the declaration must assign an identifying number to each new unit created and, except for subdivision or conversion of units described by Subsection (b), reallocate the allocated interest among all units.  The amendment must describe any limited common elements created, designating the unit to which each is allocated.(b)  Development rights may be reserved within any real property added to the condominium if the amendment adding the real property includes the information required by Section 82.055 or 82.056, as appropriate, and the plats and plans include the information required by Section 82.059(b).  This provision does not extend the time limit on the exercise of development rights imposed by the declaration.  Real property to be added is not part of a condominium or subject to a declaration until the declaration is amended to make the additional real property part of the condominium.(c)  Whenever a declarant exercises a development right to subdivide or convert a unit previously created into additional units, common elements, or both:(1)  if the declarant converts the unit entirely to common elements, the amendment to the declaration must reallocate all the allocated interests of the unit among the other units as if the unit had been taken by condemnation;  and(2)  if the declarant subdivides the unit into two or more units, whether or not any part of the unit is converted into common elements, the amendment to the declaration must reallocate all the allocated interests of the unit among the units created by the subdivision in any reasonable manner prescribed by the declarant.(d)  If the declaration provides that all or a portion of the real property is subject to the development right of withdrawal:(1)  if all the real property is subject to withdrawal, and the declaration does not describe separate portions of real property subject to that right, none of the real property may be withdrawn after a unit has been conveyed to a purchaser;  and(2)  if a portion or portions are subject to withdrawal, no portion may be withdrawn after a unit in that portion has been conveyed to a purchaser.|Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.|
TX Prop § 82.061 (2021)
2021 Texas Statutes|Property Code|Title 7 - Condominiums|Chapter 82 - Uniform Condominium Act|Subchapter B. Creation, Alteration, and Termination of Condominiums|Section 82.061. Alterations of Units

Sec. 82.061.  ALTERATIONS OF UNITS.  (a)  Subject to the provisions of the declaration and other provisions of law, a unit owner:(1)  may make improvements or alterations to the owner's unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium;(2)  may not change the appearance of the common elements or the exterior appearance of a unit or any other portion of the condominium without prior written permission of the association;  and(3)  after acquiring an adjoining unit or an adjoining part of an adjoining unit, with the prior written approval of the association, may remove, alter, and create apertures in an intervening partition, even if the partition in whole or in part is a common element, if those acts do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium.(b)  Removal of partitions or creation of apertures under Subsection (a)(3) is not an alteration of boundaries.|Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.|
TX Prop § 82.062 (2021)
2021 Texas Statutes|Property Code|Title 7 - Condominiums|Chapter 82 - Uniform Condominium Act|Subchapter B. Creation, Alteration, and Termination of Condominiums|Section 82.062. Relocation of Boundaries Between Adjoining Units

Sec. 82.062.  RELOCATION OF BOUNDARIES BETWEEN ADJOINING UNITS.  Subject to the declaration, the boundaries between adjoining units may be relocated by an amendment to the declaration on written application to the association by the owners of those units.  If the owners of the adjoining units have specified a reallocation between their units of their allocated interests, the application must state the proposed reallocations.  Unless the board determines not later than the 30th day after the date the application is received that the reallocation is unreasonable, the association shall prepare an amendment that identifies the units involved, states the reallocation, is executed by the applying unit owners, and contains words of conveyance between them.  At the expense of the applying unit owners, the association shall prepare and record the amendment and plats or plans necessary to show the altered boundaries between adjoining units, and the units' dimensions and identifying numbers.|Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.|
TX Prop § 82.063 (2021)
2021 Texas Statutes|Property Code|Title 7 - Condominiums|Chapter 82 - Uniform Condominium Act|Subchapter B. Creation, Alteration, and Termination of Condominiums|Section 82.063. Subdivision of Units

Sec. 82.063.  SUBDIVISION OF UNITS.  (a)  If the declaration expressly permits, a unit may be subdivided into two or more units.  Subject to the declaration, on written application of a unit owner to subdivide a unit and after payment by the unit owner of the cost of preparing and recording amendments and plats, the association shall prepare, execute, and record an amendment to the declaration, including the plats and plans, subdividing the unit.(b)  The amendment to the declaration must be executed by the owner of the unit to be subdivided, assign an identifying number to each unit created, and reallocate the allocated interests formerly allocated to the subdivided unit to the new units in any reasonable manner prescribed by the owner of the subdivided unit.|Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.|
TX Prop § 82.064 (2021)
2021 Texas Statutes|Property Code|Title 7 - Condominiums|Chapter 82 - Uniform Condominium Act|Subchapter B. Creation, Alteration, and Termination of Condominiums|Section 82.064. Easement for Encroachments

Sec. 82.064.  EASEMENT FOR ENCROACHMENTS.  To the extent that a unit or common element encroaches on another unit or common element, a valid easement for the encroachment exists.  The easement does not relieve a unit owner of liability in case of the owner's wilful misconduct nor relieve a declarant or any other person of liability for failure to adhere to the plats and plans.|Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.|
TX Prop § 82.065 (2021)
2021 Texas Statutes|Property Code|Title 7 - Condominiums|Chapter 82 - Uniform Condominium Act|Subchapter B. Creation, Alteration, and Termination of Condominiums|Section 82.065. Use for Sales Purposes

Sec. 82.065.  USE FOR SALES PURPOSES.  The declaration may permit a declarant to maintain sales, leasing, or management offices and models in units or on common elements in the condominium if the declaration specifies the rights of a declarant with regard to the number, size, location, and relocation of the offices and models.  If the declaration fails to expressly permit an office or model, a declarant may maintain no more than one unit as a model and no more than one unit as an office for sales, leasing, and management purposes at any one time.  A sales, leasing, or management office or model not designated as a unit by the declaration is a common element and is subject to the exclusive use of a declarant until the declarant ceases to be a unit owner or until the declarant no longer uses the office or model for such purposes, whichever occurs earlier.  A declarant may modify the exterior of a sales, leasing, or management office to conform to the aesthetic exterior plan of the condominium.  A declarant who ceases to be a unit owner ceases to have any rights with regard to an office or model unless it is removed within a reasonable time from the condominium in accordance with a right to remove reserved in the declaration.  Subject to limitations in the declaration, a declarant may maintain signs on the common elements that advertise the condominium for sale or lease.  This section is subject to local ordinances and other state law.|Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.|
TX Prop § 82.0675 (2021)
2021 Texas Statutes|Property Code|Title 7 - Condominiums|Chapter 82 - Uniform Condominium Act|Subchapter B. Creation, Alteration, and Termination of Condominiums|Section 82.0675. Restriction Relating to Club Membership

Sec. 82.0675.  RESTRICTION RELATING TO CLUB MEMBERSHIP.  (a)  A provision of a declaration or recorded contract that requires owners of units in a condominium to maintain a membership in a specified private club is not valid after the 10th anniversary of the date the provision is recorded or renewed unless renewed after the ninth anniversary of that date in the manner provided by the declaration or recorded contract for amending the declaration or recorded contract and the text of the renewed provision is filed in the real property records of each county in which the condominium is located.(b)  A provision described by this section may not be enacted or renewed as a bylaw by the unit owners' association.|Added by Acts 2003, 78th Leg., ch. 1101, Sec. 2, eff. Sept. 1, 2003.|
TX Prop § 82.069 (2021)
2021 Texas Statutes|Property Code|Title 7 - Condominiums|Chapter 82 - Uniform Condominium Act|Subchapter B. Creation, Alteration, and Termination of Condominiums|Section 82.069. Rights of Secured Lenders

Sec. 82.069.  RIGHTS OF SECURED LENDERS.  The declaration may require that all or a specified number or percentage of the mortgagees or beneficiaries of deeds of trust encumbering the units approve specified actions of the unit owners or the association as a condition to the effectiveness of those actions, but a requirement for approval may not operate to:(1)  deny or delegate control over the general administrative affairs of the association by the unit owners or the board;  or(2)  prevent the association or the board from:(A)  commencing, intervening in, or settling any litigation or proceeding;  or(B)  receiving and distributing insurance proceeds under Section 82.111.|Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.|
TX Prop § 82.070 (2021)
2021 Texas Statutes|Property Code|Title 7 - Condominiums|Chapter 82 - Uniform Condominium Act|Subchapter B. Creation, Alteration, and Termination of Condominiums|Section 82.070. Meeting at Which Amendments May Be Adopted

Sec. 82.070.  MEETING AT WHICH AMENDMENTS MAY BE ADOPTED.  (a)  An association or a board may not meet to adopt an amendment or other change to the declaration, articles of incorporation, bylaws, or rules of the association unless the association or board has given to each unit owner a document showing the specific amendment or other change that would be made to the declaration, articles of incorporation, bylaws, or rules.(b)  The information described by Subsection (a) must be given to each unit owner after the 20th day but before the 10th day preceding the date of the meeting.  The information is considered to have been given to a unit owner on the date the information is personally delivered to the unit owner, as shown by a receipt signed by the unit owner, or on the date shown by the postmark on the information after it is deposited in the United States mail with a proper address and postage paid.|Added by Acts 1997, 75th Leg., ch. 956, Sec. 2, eff. Jan. 1, 1998.|
TX Prop § 82.101 (2021)
2021 Texas Statutes|Property Code|Title 7 - Condominiums|Chapter 82 - Uniform Condominium Act|Subchapter C. Condominium Management|Section 82.101. Organization of Unit Owners' Association

Sec. 82.101.  ORGANIZATION OF UNIT OWNERS' ASSOCIATION.  A unit owners' association must be organized as a profit or nonprofit corporation.  The declarant may not convey a unit until the secretary of state has issued a certificate of incorporation under Article 3.03, Texas Business Corporation Act, or Article 3.03, Texas Non-Profit Corporation Act (Article 1396-3.03, Vernon's Texas Civil Statutes). The membership of the association at all times consists exclusively of all the unit owners or, following termination of the condominium, all former unit owners entitled to distribution of proceeds, or the owners' heirs, successors, or assigns.|Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.|
TX Prop § 82.105 (2021)
2021 Texas Statutes|Property Code|Title 7 - Condominiums|Chapter 82 - Uniform Condominium Act|Subchapter C. Condominium Management|Section 82.105. Termination of Contracts and Leases of Declarant

Sec. 82.105.  TERMINATION OF CONTRACTS AND LEASES OF DECLARANT.  An association in a residential or recreational condominium may terminate, without penalty, contracts or leases between the association and a declarant or an affiliate of a declarant if:(1)  the contract is entered into by the association while controlled by the declarant;(2)  the association terminates the contract or lease before the first anniversary of the date a board elected by the unit owners takes office;  and(3)  the association gives at least 90 days' notice of its intent to terminate the contract or lease to the other party.|Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.|
TX Prop § 82.106 (2021)
2021 Texas Statutes|Property Code|Title 7 - Condominiums|Chapter 82 - Uniform Condominium Act|Subchapter C. Condominium Management|Section 82.106. Bylaws

Sec. 82.106.  BYLAWS.  (a)  The administration and operation of the condominium are governed by the bylaws, which must provide for:(1)  the number of members on the board and the titles of the officers of the association;(2)  election by the board of a president, treasurer, secretary, and any other officers the bylaws specify;(3)  the qualifications, powers and duties, terms of office, and the manner of electing and removing a board member or officer and filling vacancies;(4)  the powers, if any, that the board or an officer may delegate to other persons or to a managing agent;(5)  the designation of officers who are authorized to prepare, execute, certify, and record amendments to the declaration on behalf of the association;(6)  the method of amending the bylaws;  and(7)  the manner of notice of meetings of the association.(b)  Subject to the declaration, the bylaws may provide for other matters the association considers desirable, necessary, or appropriate.|Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.|
TX Prop § 82.107 (2021)
2021 Texas Statutes|Property Code|Title 7 - Condominiums|Chapter 82 - Uniform Condominium Act|Subchapter C. Condominium Management|Section 82.107. Upkeep of Condominium

Sec. 82.107.  UPKEEP OF CONDOMINIUM.  (a)  Except as provided by the declaration or Subsections (b) and (c), the association is responsible for maintenance, repair, and replacement of the common elements, and each unit owner is responsible for maintenance, repair, and replacement of the owner's unit.  Each unit owner shall afford to the association and the other unit owners, and to their agents or employees, access through the owner's unit reasonably necessary for those purposes.  If damage is inflicted on the common elements or on any unit through which access is taken, the unit owner responsible for the damage, or the association if it is responsible, is liable for the prompt repair of the damage.(b)  Except as provided by the declaration, each unit owner is responsible for the cost of maintenance, repair, and replacement of any utility installation or equipment serving only the owner's unit, without regard to whether the installation or equipment is located wholly or partially outside the designated boundaries of the unit.  For purposes of this subsection, utility installations and equipment include electricity, water, sewage, gas, water heaters, heating and air conditioning equipment, and television antennas.(c)  Except as provided by the declaration, each unit owner is responsible for the cost of maintenance, repair, and replacement of windows and doors serving only the owner's unit.(d)  Unless otherwise provided by the declaration, the association may enter a unit, after giving notice to the owner and occupant of the unit, to:(1)  prevent or terminate waste of water purchased by the association as a common expense;  or(2)  perform maintenance and repairs of the condominium that, if not performed, may result in increased damage by water to components of the condominium that the association maintains.|Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.|
TX Prop § 82.109 (2021)
2021 Texas Statutes|Property Code|Title 7 - Condominiums|Chapter 82 - Uniform Condominium Act|Subchapter C. Condominium Management|Section 82.109. Quorums

Sec. 82.109.  QUORUMS.  (a)  Unless the bylaws provide otherwise, a quorum is present throughout any meeting of the association if persons entitled to cast at least 20 percent of the votes that may be cast for election of the board are present in person or by proxy at the beginning of the meeting.  The bylaws may not reduce the standard for a quorum to less than 10 percent.(b)  Unless the bylaws specify a larger percentage, a quorum is present throughout a meeting of the board if persons entitled to cast at least 50 percent of the votes on the board are present at the beginning of the meeting.|Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.|
TX Prop § 82.110 (2021)
2021 Texas Statutes|Property Code|Title 7 - Condominiums|Chapter 82 - Uniform Condominium Act|Subchapter C. Condominium Management|Section 82.110. Voting and Proxies

Sec. 82.110.  VOTING AND PROXIES.  (a)  If only one of the multiple owners of a unit is present at a meeting of the association, that person may cast the vote or votes allocated to that unit.  If more than one of the multiple owners is present, the vote or votes allocated to that unit may be cast only in accordance with the owners' unanimous agreement unless the declaration provides otherwise.  Multiple owners are in unanimous agreement if one of the multiple owners casts the votes allocated to a unit and none of the other owners makes prompt protest to the person presiding over the meeting.(b)  Votes allocated to a unit may be cast under a written proxy duly executed by a unit owner.  If a unit is owned by more than one person, each owner of the unit may vote or register protest to the casting of votes by the other owners of the unit through a proxy duly executed by the unit owner.  A unit owner may not revoke a proxy given under this section except by giving actual notice of revocation to the person presiding over a meeting of the association.  A proxy is void if it is not dated or if it purports to be revocable without notice.  A proxy terminates one year after its date unless it specifies a shorter or longer time.(c)  Cumulative voting is not allowed.|Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.|