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: 508
This legislative document is part of the collection entitled: General and Special Laws of Texas and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
58TH LEGISLATURE--REGULAR SESSION
(j) "Majority of co-owners" means the apartment owners with fifty-
one percent (51%) or more of the votes weighed so as to coincide with
percentages or fractions assigned in the declaration.
(k) "Person" means an individual, firm, corporation, partnership,
association, trust or other legal entity or any combination thereof.
(1) "General common elements" means and includes:
(1) The land, whether leased or in fee simple, on which the building
stands;
(2) The foundations, bearing walls and columns, roofs, halls, lobbies,
stairways, and entrances and exits or communication ways;
(3) The basements, flat roofs, yard, and gardens, except as otherwise
provided or stipulated;
(4) The premises for the lodging of janitors or persons in charge of
the building, except as otherwise provided or stipulated;
(5) The compartments or installation of central services such as
power, light, gas, cold and hot water, refrigeration, central air condition
and central heating, reservoirs, water tanks and pumps, swimming pools,
and the like;
(6) The elevators and shafts, garbage incinerators and, in general all
devices or installations existing for common use; and
(7) All other elements of the building desirable or rationally of com-
mon use or necessary to the existence, upkeep and safety of the condomin-
ium regime, and any other elements described in the declaration filed pur-
suant to Section 7.
(m) "Limited common elements" means and includes those common
elements which are agreed upon by all of the co-owners to be reserved
for the use of a certain number of apartments to the exclusion of the
other apartments, such as special corridors, stairways and elevators,
sanitary services common to the apartments of a particular floor, and the
like.
(n) "To record" means to record in the office of the County Clerk of
the county in which the property is situated in accordance with the pro-
visions of Title 115, Revised Civil Statutes of Texas, 1925, as amended.
(o) All pronouns used herein include the singular or plural numbers,
as the case may be.
Sec. 3. When a developer, the sole owner, or the co-owners of a build-
ing or buildings or proposed building or buildings expressly declares,
through the recordation of a master deed, lease, or declaration, which
shall set forth the particulars enumerated by Section 7 their desire to
submit their property to the regime established by this Act, there shall be
thereby established a condominium regime.
Sec. 4. Once the property is submitted to the condominium regime,
an apartment in the project may be individually conveyed and encum-
bered and may be the subject of ownership, possession or sale and of all
types of judicial acts, as if it were entirely independent of the other apart-
ments in the project of which they form a part, and the corresponding
individual titles and interests shall be recordable.
Sec. 5. Any apartment may be jointly or commonly owned by more
than one person.
Sec. 6. An apartment owner shall have an exclusive ownership to his
apartment and shall have a common right to a share, with other co-owners,
in the common elements of the property. Each co-owner may use the ele-
ments held in common in accordance with the purpose for which they are
intended, as shown on the plat or expressed in the declaration or the by-
laws, without hindering or encroaching upon the lawful rights of the
other co-owners.
508Ch. 191
Upcoming Pages
Here’s what’s next.
Search Inside
This document can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Legislative Document.
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/m1/844/?q=+date%3A1945-1972: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.