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Texas Property Code - Chapter 82 Uniform Condominium ActLegal Research Home > Texas Lawyer > Property Code > Texas Property Code - Chapter 82 Uniform Condominium Act This chapter may be cited as the Uniform Condominium Act. Added by Acts 1993, 73rd Leg., ch. 244, § 1, eff. Jan. 1, 1994. ... (a) This chapter applies to all commercial, industrial, residential, and other types of condominiums in this state for which the declaration is recorded on or ... (a) In this chapter: (1) "Affiliate of a declarant" means any person who controls, is controlled by, or is under common control with a declarant. ... 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 ... (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, ... 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 ... (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 ... 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 ... (a) A condominium may be created under this chapter only by recording a declaration executed in the same manner as a deed by all persons ... 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, ... (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 ... 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 ... 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) Any lease the expiration or termination of which may terminate the condominium or reduce its size must be recorded. The lessor shall sign the ... (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) The limited common elements and the provisions of the declaration relating to the right to use the limited common elements may not be altered ... (a) Plats and plans are a part of the declaration and may be recorded as a part of the declaration or separately. Each plat or ... (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 ... (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 ... 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 ... (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 ... 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 ... 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 ... Subject to the declaration, a declarant has an easement through the common elements as may be reasonably necessary for discharging the declarant's obligations or exercising ... (a) Except as provided by Subsection (b), a declaration, including the plats and plans, may be amended only by vote or agreement of unit owners ... (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 ... (a) Unless the declaration provides otherwise and except for a taking of all the units by condemnation, a condominium may be terminated only by the ... 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 ... (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 ... 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 ... (a) Unless otherwise provided by the declaration, the association, acting through its board, may: (1) adopt and amend bylaws; (2) adopt and amend budgets for ... (a) Except as provided by the declaration, bylaws, or this chapter, the board shall act in all instances on behalf of the association if in ... (a) Special declarant rights created or reserved under this chapter may not be transferred except by an instrument evidencing the transfer recorded in each county ... 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) The administration and operation of the condominium are governed by the bylaws, which must provide for: (1) the number of members on the board ... (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, ... (a) Meetings of the association must be held at least once each year. Unless the declaration provides otherwise, special meetings of the association may be ... (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 ... (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 ... (a) Beginning not later than the time of the first conveyance of a unit to a person other than a declarant, the association shall maintain, ... (a) Until an association makes a common expense assessment, a declarant shall pay all the expenses of the condominium as the expenses accrue. After an ... (a) An assessment levied by the association against a unit or unit owner is a personal obligation of the unit owner and is secured by ... (a) The association shall keep: (1) detailed financial records that comply with generally accepted accounting principles and that are sufficiently detailed to enable the association ... A third person dealing with an association in the association's capacity as a trustee may assume without inquiry the existence of trust powers and their ... (a) An association shall record in each county in which any portion of the condominium is located a certificate, signed and acknowledged by an officer ... Without limiting the obligations of the unit owners and except as provided by the declaration, bylaws, rules of the association, or this chapter, the unit ... (a) This subchapter applies to each unit subject to this chapter, except as provided by Subsection (b) or as modified or waived by the agreement ... (a) Except as provided by Subsection (b), a declarant shall prepare a condominium information statement before offering to the public any interest in a unit. ... (a) A condominium information statement must contain or accurately disclose: (1) the name and principal address of the declarant and of the condominium; (2) a ... If a building contains units that may be occupied for residential use, the condominium information statement of a condominium containing any conversion building must additionally ... A declarant satisfies all requirements relating to preparation of a condominium information statement if an interest in the condominium is currently registered with the Securities ... (a) If a purchaser of a unit from a unit owner other than a declarant has not received from the seller the declaration, bylaws, and ... (a) Except as provided by Subsection (c), if a unit owner other than a declarant intends to sell a unit, before executing a contract or ... A deposit made in connection with the purchase or reservation of a unit from a declarant shall be placed in escrow and held in this ... Before conveying real property to an association, a declarant shall have that real property released from all liens the foreclosure of which would deprive unit ... (a) A declarant of a condominium containing a conversion building shall give each residential tenant or subtenant in possession of a portion of a conversion ... (a) If a declarant or any other person subject to this chapter violates this chapter, the declaration, or the bylaws, any person or class of ... If any improvement contemplated in a condominium is labeled "NEED NOT BE BUILT" on a plat or plan or is to be located within a ... The declarant shall complete all improvements labeled "MUST BE BUILT" on plats or plans. The declarant is subject to liability for the prompt repair and ... (a) A loan on a condominium unit and the undivided interest in the common elements is an eligible investment for a bank, savings and loan ... Last modified: August 10, 2007 |