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3618, ch. 576, Sec. 1, eff. Jan. 1, 1984. Sec. 81. 104. APARTMENT OWNERSHIP. (a) An owner of an apartment in a condominium regime has it exclusively, and also the owner may possess, share, or encumber the home, or subject it to judicial acts, individually of the various other apartments in the condominium regimen.(b) A specific title or interest in a house in a condominium routine is recordable.(c) The entire interest in the condo regime will be separated among the homes.(d) A person might have an apartment or condo in a condo regime collectively or alike with others.(e) A condo organization might not change or damage an apartment or a minimal common aspect without the approval of all owners influenced as well as the very first lien mortgagees of all affected owners.


1, eff. An owner of an apartment or condo in a condo regimen shares possession of the regime's usual elements with the other apartment or condo proprietors. An apartment or condo proprietor might utilize the common elements according to their designated purposes, as shared in the plat, declaration, or bylaws of the condominium routine, without conflicting with the legal rights of the various other house owners.


1, eff. (a) The possession of the basic and also the minimal typical components of a condominium routine may not be judicially segmented or split while they are appropriate for a condominium program.(b) A person might not launch an activity for dividing of the limited or basic usual aspects of a condominium routine unless the home loans on the residential or commercial property are paid or the consent of the mortgagees is obtained.

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1, eff. An apartment or condo in a condo regime as well as the undistracted rate of interest of an apartment or condo owner in the typical components of the regime that are attributable to the apartment might not be communicated individually. If a conveyance of an apartment or condo does not refer to the usual components, the undistracted interest of the house proprietor in the basic and also the minimal typical aspects of the program attributable to the house is conveyed with the apartment.


(a) By consentaneous agreement, or if the declaration provides for termination by arrangement of the proprietors, by contract of the holders of at least 67 percent or a mentioned percentage in the declaration, whichever is higher, of the possession passions in the condo, the proprietors of a building in a condo regime might terminate the program and demand the region clerk of the area in which the regime is located to combine the records of the estates that consist of the condo regime, if any type of financial institutions in whose behalf encumbrances against the building are videotaped agree to accept the undivided portions of the property check it out possessed by the debtors as safety and security, provided no change might be made to a declaration to decrease the ballot needed for termination of the condo routine.(b) If a condominium program is ended, each apartment proprietor possesses a concentrated interest in the common home that matches to the undivided interest formerly owned by the house owner in the usual components.(c) Property that has actually been gotten rid of from a condo regimen may be devoted to another condo regime at any time.




3621, ch. 576, Sec. 1, eff. Jan. 1, 1984. Changed by Acts 1989, 71st Leg., ch. 157, Sec. 1, eff. May 25, 1989. Sec. 81. 111. MODIFICATION OF CONDO AFFIRMATION. After a condominium affirmation is taped with a region clerk, the declaration might not be modified other than at a meeting of the apartment or condo owners at which the amendment is approved by the holders of at the very least 67 percent of the ownership rate of interests in the condo.

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For the objectives of this chapter, the apartment proprietors that own page at the very least 51 percent of the interests in a condo program, as determined under the statement, are a bulk of the apartment owners. (a) By resolution of a bulk of the council of owners or in the manner supplied or called for by the declaration or laws, the council of owners might get the insurance it regards ideal for the protection of the structures and also the home owners.(b) Insurance policy might be written in the name of the council of proprietors, or in the name of a person assigned in the declaration or bylaws, as trustee for the apartment proprietors and their mortgagees.


Unless the council of proprietors all concurs otherwise, the insurance proceeds will be paid to the private apartment owners or their mortgagees, as their passion may show up, symmetrical to the rate of interest of an apartment proprietor in the condominium program as established by the affirmation. Acts 1983, 68th Leg., p.

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3623, ch. 576, Sec. 1, eff. Jan. 1, 1984. Sec. 81. 209. CONDO RECORDS. (a) The administrator or board of administration of a condominium routine or an individual designated by the bylaws of the routine shall maintain a comprehensive written account of the invoices and also expenditures connected to the building and also its management that specifies the expenditures incurred by the program.(b) The accounts as well as supporting coupons of a condominium regime will be made readily available to the apartment owners for evaluation on functioning days at convenient, well-known, as well as publicly introduced hours.(c) The books and also documents of a condominium regimen have to abide by excellent accountancy procedures as well as have to be helpful hints examined at the very least when each year by an auditor who is not associated with the condo routine.