reglab/statecodes huggingface dataset:
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 81 - Condominiums Created Before Adoption of Uniform Condominium Act › Subchapter B. Creation, Alteration, and Termination of Condominiums › Section 81.112. Restriction Relating to Club Membership

Sec. 81.112.  RESTRICTION RELATING TO CLUB MEMBERSHIP.  (a)  A provision of a declaration, master deed, master lease, or other recorded contract that requires owners of apartments in a condominium regime 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 at a meeting of the apartment owners at which the renewal is approved by the holders of at least 67 percent of the ownership interests in the condominium and the text of the renewed provision is recorded 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 a council of owners.
Added by Acts 2003, 78th Leg., ch. 1101, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 81 - Condominiums Created Before Adoption of Uniform Condominium Act › Subchapter C. Condominium Management › Section 81.201. Authority of Council of Owners

Sec. 81.201.  AUTHORITY OF COUNCIL OF OWNERS.  (a)  The council of owners of a condominium regime may adopt and amend bylaws.
(b)  A council of owners of a condominium regime may institute litigation on behalf of two or more apartment owners concerning a matter related to the common elements of two or more apartments.  The council of owners may delegate its authority under this subsection by designating in the bylaws a person who may exercise the authority.  This subsection does not limit the right of an apartment owner to bring an action in the apartment owner's own behalf.
Acts 1983, 68th Leg., p. 3621, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 81 - Condominiums Created Before Adoption of Uniform Condominium Act › Subchapter C. Condominium Management › Section 81.202. Bylaws

Sec. 81.202.  BYLAWS.  The bylaws of a condominium regime govern the administration of the buildings that comprise the regime.
Acts 1983, 68th Leg., p. 3621, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 81 - Condominiums Created Before Adoption of Uniform Condominium Act › Subchapter C. Condominium Management › Section 81.203. Voting Majority

Sec. 81.203.  VOTING MAJORITY.  For the purposes of this chapter, the apartment owners who own at least 51 percent of the interests in a condominium regime, as determined under the declaration, are a majority of the apartment owners.
Acts 1983, 68th Leg., p. 3621, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 81 - Condominiums Created Before Adoption of Uniform Condominium Act › Subchapter C. Condominium Management › Section 81.204. Maintenance of Condominium

Sec. 81.204.  MAINTENANCE OF CONDOMINIUM.  (a)  An apartment owner in a condominium regime is responsible for the apartment owner's pro rata share of:
(1)  the expenses to administer the condominium regime and to maintain and repair the general common elements;
(2)  in proper cases, the expenses to administer the limited common elements of the buildings in the condominium regime;  and
(3)  other expenses approved by the council of owners.
(b)  An apartment owner in a condominium regime is not exempted from the obligation under this section to contribute toward the expenses of the condominium regime by waiving the use of the common elements or abandoning the apartment.
Acts 1983, 68th Leg., p. 3622, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 81 - Condominiums Created Before Adoption of Uniform Condominium Act › Subchapter C. Condominium Management › Section 81.205. Insurance

Sec. 81.205.  INSURANCE.  (a)  By resolution of a majority of the council of owners or in the manner provided or required by the declaration or bylaws, the council of owners may acquire the insurance it deems appropriate for the protection of the buildings and the apartment owners.
(b)  Insurance may be written in the name of the council of owners, or in the name of a person designated in the declaration or bylaws, as trustee for the apartment owners and their mortgagees.  Each apartment owner and mortgagee of an apartment owner is a beneficiary of the policy, whether named as a beneficiary or not, in proportion to the interest of an apartment owner in the condominium regime as established by the declaration.
(c)  The acquisition of insurance by the council of owners does not prejudice the right of an apartment owner in a condominium regime to obtain insurance for the apartment owner's own benefit.
Acts 1983, 68th Leg., p. 3622, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 81 - Condominiums Created Before Adoption of Uniform Condominium Act › Subchapter C. Condominium Management › Section 81.206. Disposition of Insurance Proceeds

Sec. 81.206.  DISPOSITION OF INSURANCE PROCEEDS.  (a)  Except as provided by Subsection (b), if a building in a condominium regime is damaged by a casualty against which it is insured, the proceeds of the insurance policy shall be used to reconstruct the building.  The council of owners or the bylaws of the condominium regime govern the conduct of the reconstruction.
(b)  If more than two-thirds of a building in a condominium regime requires reconstruction because of a casualty against which it is insured, the council of owners may elect not to reconstruct the building.  Unless the council of owners unanimously agrees otherwise, the insurance proceeds shall be paid to the individual apartment owners or their mortgagees, as their interest may appear, in proportion to the interest of an apartment owner in the condominium regime as established by the declaration.
Acts 1983, 68th Leg., p. 3622, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 81 - Condominiums Created Before Adoption of Uniform Condominium Act › Subchapter C. Condominium Management › Section 81.207. Insufficient Insurance

Sec. 81.207.  INSUFFICIENT INSURANCE.  (a)  If under Section 81.206 a damaged building in a condominium regime must be reconstructed but insurance proceeds are insufficient to pay for the cost of reconstruction, the apartment owners directly affected by the damage shall pay the difference between the cost of reconstruction and the insurance proceeds, unless the bylaws provide otherwise.  Each affected apartment owner shall contribute an amount for reconstruction that is proportionate to the interest of the apartment owner in the condominium regime.
(b)  If one or more but less than a majority of the affected apartment owners refuse to make a payment required under this section, after a resolution by the majority of the affected apartment owners stating the circumstances of the case and the cost of the work, the majority may repair the damage at the expense of all apartment owners benefited by the reconstruction.
(c)  By a unanimous resolution subsequent to the date of a casualty, the apartment owners in a condominium regime who are concerned with the application of this section may elect to modify its effects.
Acts 1983, 68th Leg., p. 3623, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 81 - Condominiums Created Before Adoption of Uniform Condominium Act › Subchapter C. Condominium Management › Section 81.208. Assessments Due on Conveyance

Sec. 81.208.  ASSESSMENTS DUE ON CONVEYANCE.  If an apartment owner conveys the apartment and assessments against the apartment are unpaid, the apartment owner shall pay the past due assessments out of the sale price of the apartment, or the purchaser shall pay the assessments, in preference to any other charges against the property except:
(1)  assessments, liens, and charges in favor of this state or a political subdivision of this state for taxes on the apartment that are due and unpaid;  or
(2)  an obligation due under a validly recorded mortgage.
Acts 1983, 68th Leg., p. 3623, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 81 - Condominiums Created Before Adoption of Uniform Condominium Act › Subchapter C. Condominium Management › Section 81.209. Condominium Records

Sec. 81.209.  CONDOMINIUM RECORDS.  (a)  The administrator or board of administration of a condominium regime or a person appointed by the bylaws of the regime shall keep a detailed written account of the receipts and expenditures related to the building and its administration that specifies the expenses incurred by the regime.
(b)  The accounts and supporting vouchers of a condominium regime shall be made available to the apartment owners for examination on working days at convenient, established, and publicly announced hours.
(c)  The books and records of a condominium regime must comply with good accounting procedures and must be audited at least once each year by an auditor who is not associated with the condominium regime.
Acts 1983, 68th Leg., p. 3625, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 81 - Condominiums Created Before Adoption of Uniform Condominium Act › Subchapter C. Condominium Management › Section 81.210. Loans as Eligible Investments

Sec. 81.210.  LOANS AS ELIGIBLE INVESTMENTS.  (a)  If a fiduciary or a bank, savings and loan association, trust company, life insurance company, or other lending institution is authorized to make real estate loans, a loan on an apartment in a condominium regime and the undivided interest in the common elements of the regime that is appurtenant to the apartment is an eligible investment for the fiduciary or lending institution.
(b)  A lender may not consider the existence of a prior lien for taxes, assessments, or other similar charges that are not delinquent in determining whether a mortgage or deed of trust is a first lien on the security for a loan under this section.
(c)  For the purposes of this section, an apartment in a condominium regime and the undivided interest in the common elements appurtenant to the apartment are a single unit independent of the other units in the regime.
(d)  This section does not affect any otherwise applicable provision of law that limits mortgage investments based on a special fraction or percentage of the value of the mortgaged property.
Acts 1983, 68th Leg., p. 3625, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 82 - Uniform Condominium Act › Subchapter A. General Provisions › Section 82.001. Short Title

Sec. 82.001.  SHORT TITLE.  This chapter may be cited as the Uniform Condominium Act.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 82 - Uniform Condominium Act › Subchapter A. General Provisions › Section 82.004. Variation by Agreement

Sec. 82.004.  VARIATION BY AGREEMENT.  Except as expressly provided by this chapter, provisions of this chapter may not be varied by agreement, and rights conferred by this chapter may not be waived.  A person may not act under a power of attorney or use any other device to evade the limitations or prohibitions of this chapter or the declaration.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 82 - Uniform Condominium Act › Subchapter A. General Provisions › Section 82.005. Separate Titles and Taxation

Sec. 82.005.  SEPARATE TITLES AND TAXATION.  (a)  If there is a unit owner other than a declarant, each unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real property.
(b)  If there is a unit owner other than a declarant, each unit must be separately taxed and assessed, and no separate tax or assessment may be rendered against common elements for which a declarant has not reserved development rights.  Any portion of the common elements for which a declarant has reserved any development right must be separately taxed and assessed against the declarant, and the declarant alone is liable for payment of those taxes.
(c)  If there is no unit owner other than a declarant, the real property constituting the condominium may be taxed and assessed in any manner provided by law.
(d)  The laws relating to homestead exemptions from property taxes apply to condominium units, which are entitled to homestead exemptions in those cases in which the owner of a single family dwelling would qualify.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 82 - Uniform Condominium Act › Subchapter A. General Provisions › Section 82.006. Applicability of Local Ordinances, Regulations, and Building Codes

Sec. 82.006.  APPLICABILITY OF LOCAL ORDINANCES, REGULATIONS, AND BUILDING CODES.  A zoning, subdivision, building code, or other real property use law, ordinance, or regulation may not prohibit the condominium form of ownership or impose any requirement on a condominium that it would not impose on a physically identical development under a different form of ownership.  Otherwise, this chapter does not invalidate or modify any provision of any zoning, subdivision, building code, or other real property use law, ordinance, or regulation.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 82 - Uniform Condominium Act › Subchapter A. General Provisions › Section 82.007. Condemnation

Sec. 82.007.  CONDEMNATION.  (a)  If a unit is acquired by condemnation, or if part of a unit is acquired by condemnation leaving the unit owner with a remnant that may not practically or lawfully be used for any purpose permitted by the declaration, the condemnation award must compensate the unit owner for the unit and its common element interest, whether or not any common element interest is acquired.  On acquisition, unless the decree provides otherwise, the condemned unit's entire allocated interests are automatically reallocated to the remaining units in proportion to the respective allocated interests of those units before the taking, and the association shall promptly prepare, execute, and record an amendment to the declaration reflecting the reallocations.  A remnant of a unit remaining after part of a unit is taken under this subsection is a common element.
(b)  Except as provided by Subsection (a), if part of a unit is acquired by condemnation, the award must compensate the unit owner for the reduction in value of the unit and its common element interest.  On acquisition, the condemned unit's allocated interests are reduced in proportion to the reduction in the size of the unit, or on any other basis specified by the declaration, and the portion of the allocated interests divested from the partially acquired unit are automatically reallocated to that unit and the remaining units in proportion to the respective allocated interests of those units before the taking, with the partially acquired unit participating in the reallocation on the basis of its reduced allocated interests.
(c)  If part of the common elements is acquired by condemnation, the award must be paid to the association, as trustee for the unit owners, and to persons holding liens on the condemned property, as their interests may appear.  The association shall divide any portion of the award not used for any restoration or repair of the remaining common elements among the unit owners in proportion to their respective common element interests before the taking, but the portion of the award attributable to the acquisition of a limited common element must be equally divided among the owners of the units to which that limited common element was allocated at the time of acquisition, or in any manner the declaration provides.
(d)  The court decree shall be recorded in each county in which any portion of the condominium is located.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 82 - Uniform Condominium Act › Subchapter A. General Provisions › Section 82.008. Venue

Sec. 82.008.  VENUE.  Venue for an action to enforce a right or obligation arising under the declaration, bylaws, or rules of the association is in each county in which any part of the condominium is located.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 82 - Uniform Condominium Act › Subchapter B. Creation, Alteration, and Termination of Condominiums › Section 82.052. Unit Boundaries

Sec. 82.052.  UNIT BOUNDARIES.  Except as otherwise provided by the declaration or plat:
(1)  if walls, floors, or ceilings are designated as boundaries of a unit, then all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting part of the finished surfaces are a part of the unit, and all other portions of the walls, floors, or ceilings are a part of the common elements;
(2)  if any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture is partially within and partially outside the designated boundaries of a unit, then the portion serving only that unit is a limited common element allocated solely to that unit, and the portion serving more than one unit or the common elements is a part of the general common elements;
(3)  subject to Subdivision (2), the spaces, interior partitions, and other fixtures and improvements within the boundaries of a unit are a part of the unit;  and
(4)  shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, and exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit's boundaries, are limited common elements allocated exclusively to that unit.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 82 - Uniform Condominium Act › Subchapter B. Creation, Alteration, and Termination of Condominiums › Section 82.053. Construction and Validity of Declaration and Bylaws

Sec. 82.053.  CONSTRUCTION AND VALIDITY OF DECLARATION AND BYLAWS.  (a)  The provisions of the declaration and bylaws are severable.
(b)  The rule against perpetuities may not be applied to defeat any provision of the declaration, bylaws, or rules of the association.
(c)  If there is a conflict between the provisions of the declaration and the bylaws, the declaration prevails except to the extent the declaration is inconsistent with this chapter.
(d)  Title to a unit and common elements is not made unmarketable or otherwise affected by a provision of unrecorded bylaws or by reason of an insubstantial failure of the declaration to comply with this chapter.  Whether a substantial failure impairs marketability is not affected by this chapter.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 82 - Uniform Condominium Act › Subchapter B. Creation, Alteration, and Termination of Condominiums › Section 82.054. Description of Units

Sec. 82.054.  DESCRIPTION OF UNITS.  A description of a unit is a sufficient legal description of the unit and all rights, obligations, and interests appurtenant to the unit that were created by the declaration or bylaws if the description contains:
(1)  the name of the condominium;
(2)  the recording data for the declaration, including any amendments, plats, and plans;
(3)  the county in which the condominium is located;  and
(4)  the identifying number of the unit.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 82 - Uniform Condominium Act › Subchapter B. Creation, Alteration, and Termination of Condominiums › Section 82.055. Contents of Declaration for All Condominiums

Sec. 82.055.  CONTENTS OF DECLARATION FOR ALL CONDOMINIUMS.  The declaration for a condominium must contain:
(1)  the name of the condominium, which must include the word "condominium" or be followed by the words "a condominium" or a phrase that includes the word "condominium," and the name of the association;
(2)  the name of each county in which any part of the condominium is located;
(3)  a legally sufficient description of the real property included in the condominium;
(4)  a description of the boundaries of each unit created by the declaration, including the unit's identifying number;
(5)  a statement of the maximum number of units that the declarant reserves the right to create;
(6)  a description of the limited common elements other than those listed in Sections 82.052(2) and (4);
(7)  a description of any real property, except real property subject to development rights, that may be allocated subsequently as limited common elements, together with a statement that the property may be so allocated;
(8)  an allocation to each unit of its allocated interests;
(9)  any restrictions on use, occupancy, or alienation of the units;
(10)  a description of and the recording data for recorded easements and licenses appurtenant to or included in the condominium or to which any portion of the condominium is or may become subject by reservation in the declaration;
(11)  the method of amending the declaration;
(12)  a plat or plan or the recording data of a plat or plan that has been recorded in the real property or condominium plat records;
(13)  a statement of the association's obligation under Section 82.111(i) to rebuild or repair any part of the condominium after a casualty or any other disposition of the proceeds of a casualty insurance policy;
(14)  a description of any development rights and other special declarant rights reserved by the declarant, together with a legally sufficient description of the real property to which each of those rights applies, and a time limit within which each of those rights must be exercised;
(15)  if any development right may be exercised with respect to different parcels of real property at different times, a statement to that effect, together with:
(A)  either a statement fixing the boundaries of those portions and regulating the order in which those portions may be subjected to the exercise of each development right, or a statement that no assurances are made in those regards;  and
(B)  a statement as to whether, if any development right is exercised in any portion of the real property subject to that development right, that development right must be exercised in all or in any other portion of the remainder of that real property;
(16)  all matters required by this chapter to be stated in the declaration;  and
(17)  any other matters the declarant considers appropriate.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.
2023 Texas Statutes › Property Code › Title 7 - Condominiums › Chapter 82 - Uniform Condominium Act › Subchapter B. Creation, Alteration, and Termination of Condominiums › Section 82.056. Leasehold Condominiums

Sec. 82.056.  LEASEHOLD CONDOMINIUMS.  (a)  Any lease the expiration or termination of which may terminate the condominium or reduce its size must be recorded.  The lessor shall sign the declaration, and the declaration must state:
(1)  the recording data for the lease;
(2)  the date on which the lease is scheduled to expire;
(3)  a legally sufficient description of the real property subject to the lease;
(4)  any right of the unit owners to redeem the reversion and the manner in which the unit owners may exercise that right, or a statement that the unit owners do not have that right;
(5)  any right of the unit owners to remove improvements within a reasonable time after the expiration or termination of the lease, or a statement that the unit owners do not have that right;  and
(6)  any right of the unit owners to renew the lease and the conditions of renewal, or a statement that the unit owners do not have that right.
(b)  After the declaration for a leasehold condominium is recorded, neither the lessor nor the lessor's successor in interest may terminate the leasehold interest of a unit owner who makes timely payment of the unit owner's share of the rent and otherwise complies with all covenants that, if violated, would entitle the lessor to terminate the lease.  A unit owner's leasehold interest is not affected by failure of any other person to pay rent or fulfill any other covenant.
(c)  Acquisition of the leasehold interest of a unit owner by the owner of the reversion or remainder does not merge the leasehold and fee simple interests unless the leasehold interests of all unit owners subject to that reversion or remainder are acquired.
(d)  If the expiration or termination of a lease decreases the number of units in a condominium, the allocated interests shall be reallocated as though those units had been taken by condemnation unless otherwise provided by the declaration.  Reallocation shall be confirmed by an amendment to the declaration prepared, executed, and recorded by the association.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.