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: 509
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CONDOMINIUM ACT
Sec. 7. (A). Every County Clerk shall provide a suitable well-bound
book, to be called "Condominium Records" in which will be recorded
Master deeds, Master leases, or Declarations.
(B) The declaration provided for in Section 3 shall contain:
(1) The legal description of the land, which description shall be de-
picted by a plat showing the land involved and the location of each build-
ing or proposed building to be located thereon. Each building to be de-
noted by Letter, viz: A, B, C, etc.
(2) The general description and the number of each apartment, ex-
pressing its square footage, location and any other data necessary for its
identification, which information will be depicted by a plat of such floor of
each building showing also the letter of the building, the number of the
floor and the number of the apartment.
(3) The general description of each garage, carport, or any other
area to be subject to individual ownership and exclusive control; which
information will be depicted by a plat showing such garage, carport, or
other area appropriately lettered or numbered.
(4) The description of the general common elements less paragraph
(1) above.
(5) The description of the limited common elements.
(6) The fractional or percentage interest which each apartment bears
to the entire condominium regime, the sum of which shall be one (1) if
expressed in fractions and one hundred (100) if expressed in percentages.
(7) Any further provisions, matters, or covenants desired.
(C) The County Clerk shall record such plats and instruments without
the necessity of prior approval by any other authority of whatsoever char-
acter.
Sec. 8. The common elements, both general and limited, shall remain
undivided and shall not be the object of an action for partition or divi-
sion of the co-ownership so long as suitable for a condominium regime,
and, in any event, all mortgages must be paid prior to the bringing of an
action for partition or the consent of all mortgagees must be obtained.
Any covenant to the contrary shall be void.
Sec. 9. The deed to each apartment shall describe the apartment in
accordance with the plat and the fractional or percentage therein con-
veyed and the plats provided in Section 7 shall be included by reference.
The deeds shall also express all encumbrances against the property con-
veyed. An individual apartment shall not be conveyed separate from the
undivided interest in the common elements and visa versa, and any con-
veyance of an individual apartment shall be deemed to convey also the
undivided interest of the owner in the common elements, both general
and limited, appertaining to said apartment without specifically or par-
ticularly referring to the same. The boundaries of the apartment granted
shall be and are the interior surfaces of the perimeter walls, floors, ceilings
and the exterior surfaces of balconies and terraces; and the unit includes
both the portions of the building so described and the airspace so en-
compassed, excepting common elements. In interpreting deeds, mort-
gages, deeds of trust and other instruments, the existing physical bound-
aries of the apartment or of an apartment reconstructed in substantial
accordance with the original plans thereof shall be conclusively presumed
to be its boundaries regardless of settling, rising, or lateral movement of
the building and regardless of variances between boundaries shown on
the plat and those of the building.
Sec. 10. Loans on the individual apartments and the undivided inter-
est in the common elements appurtenant thereto are hereby declared to
be eligible investments for all banks, savings and loan or building and
loan associations, trust companies, life insurance companies and all other
509Ch. 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/m1/845/?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.