law-condominium-act
CONDOS UNDER TEXAS LAW (TUCA)
Under the Texas Uniform Condominium Act (TUCA), “condominium”
means “a form of real property with portions of the real property
designated for separate ownership or occupancy, and the remainder of the
real property designated for common ownership or occupancy solely by the
owners of those portions.” Tex. Prop. Code Ann. § 82.003(a)(8) (West
2007).
Under the TUCA, “common elements” means “all portions of a
condominium other than the units and includes both general and limited
common elements.” Tex. Prop. Code Ann. § 82.003(a)(5).
Under the TUCA, “declaration” means “a recorded instrument,
however denominated, that creates a condominium, and any recorded
amendment to that instrument.” Tex. Prop. Code Ann. § 82.003(a)(11). The
declaration for a condominium unit must contain any restrictions on use,
occupancy, or alienation of the units. Tex. Prop. Code Ann. § 82.055(9)
(West 2007).
CONDOMINIUM ACT
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).
Id. § 82.101.
Under the Uniform Condominium Act, adopted in Texas in 1993 and codified as chapter 82 of the Texas
Property Code, a “Condominium” is defined as “a form of real property with portions of the real property
designated for separate ownership or occupancy, and the remainder of the real property designated for
common ownership or occupancy solely by the owners of those portions.” Tex. Prop. Code Ann. § 82.003(a)(8)
(Vernon 2007).
A condominium is created “only by recording a declaration” that contains certain information, including a
description of the property, the number of units, and the name of the unit owners' association. Id. § 82.051(a)
(condominium created “only by recording a declaration executed in the same manner as a deed”); see also id.
§ 82.055 (listing declaration requirements). Once created, unless the entire property is taken by condemnation
or the declaration provides otherwise, a condominium may be terminated “only by the agreement of 100
percent of the votes in the association and each holder of a deed of trust or vendor's lien on a unit.” Id. §
82.068(a). In this case, the Condominium Declaration was filed before any units were conveyed.
Condominium Associations
A condominium is managed by an association consisting of its unit owners, who vote according to the
provisions of the declaration and the Texas Property Code. Id. §§ 82.057, 82.101. The powers of the unit
owners' association are governed by section 82.102 of the Texas Property Code, “unless otherwise provided
by the declaration.” Id. § 82.102(a). For example, section 82.102 gives the unit owners' association the power
to (1) “adopt and amend bylaws;” (2) “adopt and amend rules regulating the use, occupancy, leasing or sale,
maintenance, repair, modification, and appearance of units and common elements;” (3) adopt a budget and
assess fees for common expenses; (4) impose penalties on, and suspend voting privileges of, owners who are
delinquent in paying assessed fees; and (5) “exercise any other powers necessary and proper for the
government and operation of the association.” Id. § 82.102(a)
08-0317
BEVER PROPERTIES, L.L.C. AND JESSE M. TAYLOR, D.D.S., P.A. v. PLANO PARKWAY OFFICE
CONDOMINIUMS; from Collin County; 5th district (05-05-01533-CV, 246 SW3d 188, 11-26-07, pet denied Oct
2008)(condominium act)