Texas Property Code Title 7, Chapter 82 - Uniform Condominium Act

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 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.
• Texas Section 82.002 - Applicability
  (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...
• Texas Section 82.003 - Definitions
  (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....
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER B CREATION, ALTERATION, AND TERMINATION OF CONDOMINIUMS

• Texas Section 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...
• Texas Section 82.051 - Creation Of Condominium
  (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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 82.059 - Plats And Plans
  (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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 82.066 - Easement Rights
  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...
• Texas Section 82.067 - Amendment Of Declaration
  (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...
• Texas Section 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...
• Texas Section 82.068 - Termination Of Condominium
  (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...
• Texas Section 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...

SUBCHAPTER C CONDOMINIUM MANAGEMENT

• Texas Section 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...
• Texas Section 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...
• Texas Section 82.102 - Powers Of Unit Owners' Association
  (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...
• Texas Section 82.103 - Board Members And Officers
  (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...
• Texas Section 82.104 - Transfer Of Special Declarant Rights
  (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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 82.108 - Meetings
  (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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 82.111 - Insurance
  (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,...
• Texas Section 82.112 - Assessments For Common Expenses
  (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...
• Texas Section 82.113 - Association's Lien For Assessments
  (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...
• Texas Section 82.114 - Association Records
  (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...
• Texas Section 82.115 - Association As Trustee
  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...
• Texas Section 82.116 - Management Certificate
  (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...
• Texas Section 82.117 - Obligations Of Unit Owners
  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...
• Texas Section 82.118 - Service Of Process On Unit Owners In Certain Municipalities; Change Of Address Required
  (a) A unit owner of a condominium located wholly or partly in a municipality with a population of more than 1.9 million may be served...
• Texas Section 82.119 - Procedures For Filing Suit Or Initiating Arbitration Proceedings For Defect Or Design Claims For Certain Associations
  (a) This section does not apply to an association with less than eight units. (b) In addition to any preconditions to filing suit or initiating...

SUBCHAPTER D PROTECTION OF PURCHASERS

• Texas Section 82.120 - Binding Arbitration For Certain Claims
  (a) A declaration may provide that a claim pertaining to the construction or design of a unit or the common elements must be resolved by...
• Texas Section 82.151 - Applicability
  (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...
• Texas Section 82.152 - Liability For Condominium Information Statement
  (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....
• Texas Section 82.153 - Condominium Information Statements In General
  (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...
• Texas Section 82.154 - Condominiums With Conversion Buildings
  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...
• Texas Section 82.155 - Condominium Securities
  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...
• Texas Section 82.156 - Purchaser's Right To Cancel
  (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...
• Texas Section 82.157 - Resale Of Unit
  (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...
• Texas Section 82.158 - Escrow Of Deposits
  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...
• Texas Section 82.159 - Release Of Liens
  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...
• Texas Section 82.160 - Conversion Buildings
  (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...
• Texas Section 82.161 - Effect Of Violations On Rights Of Action And Attorney's Fees
  (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...
• Texas Section 82.162 - Labeling Of Promotional Material
  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...
• Texas Section 82.163 - Declarant's Obligation To Complete And Restore
  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...
• Texas Section 82.164 - Loans As Eligible Investments
  (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: September 28, 2016