Texas Property Code

§ 81.108 — PARTITION OF COMMON ELEMENTS

PR § 81.108Title 7. CONDOMINIUMS · Ch. 81. CONDOMINIUMS CREATED BEFORE ADOPTION OF UNIFORM CONDOMINIUM ACT · Art. B. CREATION, ALTERATION, AND TERMINATION OF CONDOMINIUMS

Statute text

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(a)The ownership of the general and the limited common elements of a condominium regime may not be judicially partitioned or divided while they are suitable for a condominium regime.

(b)A person may not initiate an action for partition of the limited or general common elements of a condominium regime unless the mortgages on the property are paid or the consent of the mortgagees is obtained.

(c)An agreement contrary to this section is void.

Legislative history

Acts 1983, 68th Leg., p. 3621, ch. 576, Sec. 1, eff. Jan. 1, 1984.