Texas Property Code

§ 82.057 — ALLOCATION OF COMMON ELEMENT INTERESTS, VOTES, AND COMMON EXPENSE LIABILITIES

PR § 82.057Title 7. CONDOMINIUMS · Ch. 82. UNIFORM CONDOMINIUM ACT · Art. B. CREATION, ALTERATION, AND TERMINATION OF CONDOMINIUMS

Statute text

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(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 portion of the votes in the association, to each unit and state the formulas used to establish those allocations. These allocations may not discriminate in favor of units owned by a declarant.

(b)If units may be added to or withdrawn from the condominium, the declaration must state the formulas to be used to reallocate the allocated interests among all units included in the condominium after the addition or withdrawal.

(c)The declaration may provide:

(1)that different allocations of votes must be made to the units on particular matters specified in the declaration; and

(2)for class voting on specified issues affecting the class if necessary to protect valid interests of the class.

(d)A declarant may not use cumulative or class voting to evade any limitation imposed on declarants by this chapter. Units may not constitute a class because the units are owned by a declarant.

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Legislative history

Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.