General and Special Laws of The State of Texas Passed By The Third Called Session of the Fifty-Seventh Legislature and the Regular Session of the Fifty-Eighth Legislature Page: 507
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CONDOMINIUM ACT
CONDOMINIUM ACT
CHAPTER 191 24
S. B. No. 28
An Act relating to real property; containing definitions applicable to this Act;
providing for formation of condominium regimes; providing for conveyance
of individual apartments and recording of such deeds; providing for common
elements of the property; providing for recordation and Items to be con-
tained in recorded instruments creating the condominium regimes; pro-
viding that loans on the Individual apartments and the undivided interest in
the appurtenant common elements are eligible investments for lending insti-
tutions; providing for regrouping and merger of all estates; providing
for council of co-owners, and administration of project; providing for con-
tribution of co-owners toward expense of administration, maintenance and
repairs of common elements; providing for homestead exemption when ap-
plicable; providing for taxes on Individual interests and not as a whole;
providing for provisions of this Act to apply in case of conflict; providing
that a holding of unconstitutionality of any part of this Act shall not affect
the remainder; and declaring an emergency.
Be it enacted by the Legislature of the State of Texas:
Section 1. This Act shall be known as the "Condominium Act."
Sec. 2. As used in the Act unless the context otherwise requires:
(a) "Property" means and includes the land whether leasehold or in
fee simple and the building, all improvements and structures thereon and
all easements, rights and appurtenances belonging thereto.
(b) "Building" includes the principal structure or structures erected
or to be erected upon the land described in the declaration provided for
in Section 7 which determines the use to be made of the improved land
whether or not such improvement is composed of one (1) or more separate
buildings containing one (1) or more floors or stories.
(c) "Condominium Project" means a real estate condominium project;
a plan or project whereby four (4) or more apartments, rooms, office
spaces, or other units in existing or proposed buildings or structures are
offered or proposed to be offered for sale.
(d) "Condominium" means the separate ownership of single units or
apartments in a multiple unit structure or structures with common ele-
ments.
(e) "Apartment" means an enclosed space consisting of one (1) or
more rooms occupying all or part of a floor in a building of one (1) or more
floors or stories regardless of whether it be designed for residence, for
office, for the operation of any industry business, or for any other type of
independent use, provided it has a direct exit to a thoroughfare or to a
given common space leading to a thoroughfare.
(f) "Developer" means a person who undertakes to develop a real
estate condominium project.
(g) "Master deed" or "Master lease" or "Declaration" means the deed,
lease or declaration establishing the property as a condominium regime.
(h) "Co-owner" means a person, firm, corporation, partnership, associa-
tion, trust or other legal entity, or any combination thereof, who owns an
apartment or apartments within the condominium project.
(i) "Council of co-owners" means all the co-owners as defined in sub-
section (h) of this section.
26. Vernon's Ann.Civ.St. art. 1301a.
507Ch. 191
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Texas. Legislature. General and Special Laws of The State of Texas Passed By The Third Called Session of the Fifty-Seventh Legislature and the Regular Session of the Fifty-Eighth Legislature, legislative document, 1963; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth221759/m1/843/?q=+date%3A1945-1972&rotate=90: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.