Tex. Codes » Property Code · TITLE 7. CONDOMINIUMS · CHAPTER 81. CONDOMINIUMS CREATED BEFORE ADOPTION OF UNIFORM CONDOMINIUM ACT
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Tex. Prop. Code § 81.002 (2026)

Definitions

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Sec. 81.002. DEFINITIONS. In this chapter:

(1) "Apartment" means an enclosed space, regardless of whether it is designed for residential or other use, that consists of one or more rooms in a building and that has a direct exit to a thoroughfare or to a common space that leads to a thoroughfare.

(2) "Building" includes each principal structure on or to be erected on real property dedicated in a declaration to a condominium regime.

(3) "Condominium" means a form of real property ownership that combines separate ownership of individual apartments or units with common ownership of other elements.

(4) "Council of owners" means all the apartment owners in a condominium project.

(5) "Declaration" means the instrument that establishes property under a condominium regime.

(6) "General common elements" means the property that is part of a condominium regime other than property that is part of or belongs to an apartment in the regime, including:

(A) land on which the building is erected;

(B) foundations, bearing walls and columns, roofs, halls, lobbies, stairways, and entrance, exit, and communication ways;

(C) basements, flat roofs, yards, and gardens, except as otherwise provided;

(D) premises for the lodging of janitors or persons in charge of the building, except as otherwise provided;

(E) compartments or installation of central services such as power, light, gas, water, refrigeration, central heat and air, reservoirs, water tanks and pumps, and swimming pools; and

(F) elevators and elevator shafts, garbage incinerators, and all other devices and installations generally existing for common use.

(7) "Limited common elements" means a portion of the common elements allocated by unanimous agreement of a council of owners for the use of one or more but less than all of the apartments, such as special corridors, stairways and elevators, sanitary services common to the apartments of a particular floor, and similar areas or facilities.

(8) "Master deed" means a deed that establishes property under a condominium regime.

(9) "Master lease" means a lease that establishes property under a condominium regime.

(10) "Project" means a plan to offer for sale or to sell real property consisting of four or more apartments, rooms, office spaces, or other units in an existing or proposed building as a condominium.

(11) "Property" means real property, whether leased or owned, the improvements on the property, and the incorporeal rights that are appurtenant to the property.

Acts 1983, 68th Leg., p. 3616, ch. 576, Sec. 1, eff. Jan. 1, 1984.

Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 1993–2023 · leading case: Myer v. Cuevas, 119 S.W.3d 830 (Tex. App.—San Antonio 2003).
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Myer v. Cuevas, 119 S.W.3d 830 (Tex. App.—San Antonio 2003). “See Tex. PROp.Code Ann. § 81.002(3) (Vernon 1995).”
Bundren v. Holly Oaks Townhomes Ass'n, 347 S.W.3d 421 (Tex. App.—Dallas 2011). “” Tex. Prop.Code Ann. § 81.002(5). The declaration forms a contract between the homeowners association and the condominium unit owners.”
Vee Bar, Ltd. v. BP Amoco Corp., 361 S.W.3d 128 (Tex. App.—El Paso 2011). · cites it 2× “…that combines separate ownership of individual apartments or un its with common ownership of other elements. Tex Prop Code ann. § 81.002(3).”
Dickerson v. DeBarbieris, 964 S.W.2d 680 (Tex. App.—Houston [14th Dist.] 1998). “See Tex Prop.Code Ann. § 81.002(7) (Vernon 1995).”
Alma Investments, Inc. v. Bahia Mar Co-Owners Ass'n, 999 S.W.2d 820 (Tex. App.—Corpus Christi 1999). “Tex. Prop.Code Ann. § 81.002(6) (Vernon 1995) (Emphasis added).”
CELOTEX Corp. INC v. Gracy Meadow Owners Ass'n, 847 S.W.2d 384 (Tex. App.—Austin 1993). “See Tex.Prop.Code Ann. § 81.002(6)(B) (West 1984).”
Mosaic Residental North Condo. Ass'n v. 5925 Almeda North Tower, L.P., No. 01-16-00414-CV (Tex. App.—Houston [1st Dist.] Oct. 18, 2018). “) (construing UCA and terms of declaration); see also TEX. PROP. CODE ANN. § 81.002(5) (defining “declaration” as “the instrument that establishes property under a condominium regime”); Bundren v.”
Young Yoo, Irving SuperMart, L.L.C. v. A-1 Mktg., Inc., No. 05-19-00031-CV (Tex. App.—Dallas Dec. 29, 2020). “denied); TEX. PROP. CODE § 81.002(5). By accepting –5– a condominium deed, a unit owner accepts the terms, conditions, and restrictions in the declaration, which in turn are contractual terms governing the relationship between the association and unit owners.”
Jason Ritenour v. Centrecourt Homeowners Ass'n, No. 01-20-00310-CV (Tex. App.—Houston [1st Dist.] Mar. 31, 2022). “See TEX. PROP. CODE § 81.002(3). The CHOA covenants grant each owner an undivided interest in the common elements.”
in the Est. of Dolores Elizabeth Douglas, Derek Douglas & Charles Douglas, Jr., Both Individually & Charles Douglas Jr., Dependent Adm'r of the Est. of Dolores Elizabeth Douglas v. the Castillian Condos., Inc. & Ronald W. Harris, No. 02-21-00321-CV (Tex. App.—Fort Worth Sept. 22, 2022). “Tex. Prop. Code Ann. § 81.002 (5); see also id.”
Sussex Council of Co-Owners v. Anqi Wang, No. 01-22-00567-CV, 2023 WL 5208042 (Tex. App.—Houston [1st Dist.] Aug. 15, 2023). “” TEX. PROP. CODE § 81.002(5). The declaration forms a contract between the homeowners association and the condominium unit owners.”
Randy Dennis v. Beacon Ridge Townhomes Condo. Ass'n of Owners, No. 03-11-00332-CV (Tex. App.—Austin Aug. 7, 2013). “Compare Tex. Prop. Code § 81.002(2), with id. § 82.”
Show all 14 citing cases →
Tex. Prop. Code § 81.002(2): 1 case
Randy Dennis v. Beacon Ridge Townhomes Condo. Ass'n of Owners, No. 03-11-00332-CV (Tex. App.—Austin Aug. 7, 2013). “Compare Tex. Prop. Code § 81.002(2), with id. § 82.”
Tex. Prop. Code § 81.002(3): 4 cases
Myer v. Cuevas, 119 S.W.3d 830 (Tex. App.—San Antonio 2003). “See Tex. PROp.Code Ann. § 81.002(3) (Vernon 1995).”
Vee Bar, Ltd. v. BP Amoco Corp., 361 S.W.3d 128 (Tex. App.—El Paso 2011). “…that combines separate ownership of individual apartments or un its with common ownership of other elements. Tex Prop Code ann. § 81.002(3).”
Jason Ritenour v. Centrecourt Homeowners Ass'n, No. 01-20-00310-CV (Tex. App.—Houston [1st Dist.] Mar. 31, 2022). “See TEX. PROP. CODE § 81.002(3). The CHOA covenants grant each owner an undivided interest in the common elements.”
Canyon Vista Prop. Owners Ass'n v. Gerald H. Laubach, No. 03-11-00404-CV, 2014 WL 411646 (Tex. App.—Austin Jan. 31, 2014).
Tex. Prop. Code § 81.002(4): 1 case
Vee Bar, Ltd. v. BP Amoco Corp., 361 S.W.3d 128 (Tex. App.—El Paso 2011). “…that combines separate ownership of individual apartments or un its with common ownership of other elements. Tex Prop Code ann. § 81.002(3).”
Tex. Prop. Code § 81.002(5): 4 cases
Bundren v. Holly Oaks Townhomes Ass'n, 347 S.W.3d 421 (Tex. App.—Dallas 2011). “” Tex. Prop.Code Ann. § 81.002(5). The declaration forms a contract between the homeowners association and the condominium unit owners.”
Mosaic Residental North Condo. Ass'n v. 5925 Almeda North Tower, L.P., No. 01-16-00414-CV (Tex. App.—Houston [1st Dist.] Oct. 18, 2018). “) (construing UCA and terms of declaration); see also TEX. PROP. CODE ANN. § 81.002(5) (defining “declaration” as “the instrument that establishes property under a condominium regime”); Bundren v.”
Young Yoo, Irving SuperMart, L.L.C. v. A-1 Mktg., Inc., No. 05-19-00031-CV (Tex. App.—Dallas Dec. 29, 2020). “denied); TEX. PROP. CODE § 81.002(5). By accepting –5– a condominium deed, a unit owner accepts the terms, conditions, and restrictions in the declaration, which in turn are contractual terms governing the relationship between the association and unit owners.”
Sussex Council of Co-Owners v. Anqi Wang, No. 01-22-00567-CV, 2023 WL 5208042 (Tex. App.—Houston [1st Dist.] Aug. 15, 2023). “” TEX. PROP. CODE § 81.002(5). The declaration forms a contract between the homeowners association and the condominium unit owners.”
Tex. Prop. Code § 81.002(6): 1 case
Alma Investments, Inc. v. Bahia Mar Co-Owners Ass'n, 999 S.W.2d 820 (Tex. App.—Corpus Christi 1999). “Tex. Prop.Code Ann. § 81.002(6) (Vernon 1995) (Emphasis added).”
Tex. Prop. Code § 81.002(6)(B): 1 case
CELOTEX Corp. INC v. Gracy Meadow Owners Ass'n, 847 S.W.2d 384 (Tex. App.—Austin 1993). “See Tex.Prop.Code Ann. § 81.002(6)(B) (West 1984).”
Tex. Prop. Code § 81.002(7): 1 case
Dickerson v. DeBarbieris, 964 S.W.2d 680 (Tex. App.—Houston [14th Dist.] 1998). “See Tex Prop.Code Ann. § 81.002(7) (Vernon 1995).”
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