Texas Codes

Tex. Prop. Code § 81.102 (2026)

Contents Of Declaration, Master Deed, Or Master Lease

✓ current as of May 2026

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Sec. 81.102. CONTENTS OF DECLARATION, MASTER DEED, OR MASTER LEASE. (a) A declaration, master deed, or master lease for a condominium must contain:

(1) the legal description of the real property dedicated to the condominium regime, depicted by a plat of the property that locates and identifies by letter each existing or proposed building;

(2) a general description of each apartment, including the square footage, location, number, and other information necessary for identification of the apartment, depicted by a plat of the floor of the building in which the apartment is located that identifies the building by letter and the floor and the apartment by number;

(3) a general description of each area not already described that is subject to individual ownership and exclusive control, such as a garage or carport, depicted by a plat that shows the area and appropriately identifies it by letter or number;

(4) a description of the general common elements that are not described under Subdivision 1;

(5) a description of the limited common elements;

(6) each apartment's fractional or percentage interest in the entire condominium regime;

(7) a provision that the declaration may only be amended at a meeting of the apartment owners at which the amendment is approved by the holders of at least 67 percent of the ownership interests in the condominium; and

(8) a provision that an amendment of the declaration may not alter or destroy a unit or a limited common element without the consent of the owners affected and the owners' first lien mortgagees.

(b) A declaration, master deed, or master lease for a condominium may contain any covenants or other matters the declarant considers appropriate.

Acts 1983, 68th Leg., p. 3618, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 18, Sec. 9(b), eff. Oct. 2, 1984.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1988–2022 · leading case: Dickerson v. DeBarbieris, 964 S.W.2d 680 (Tex. App. 1998).

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Dickerson v. DeBarbieris, 964 S.W.2d 680 (Tex. App. 1998). “See Tex. Prop.Code Ann. §§ 81.102, 82.055 (Vernon 1995); TexRev.”

Richard Gill Co. v. Jackson's Landing Owners' Ass'n, 758 S.W.2d 921 (Tex. App. 1988). “In accordance with the Texas Condominium Act, Tex.Prop.Code Ann. § 81.102 (Vernon 1984), Bayhouse filed a declaration of condominium in Nueces County on December 30, 1981, along with a copy of the bylaws of the owner’s association.”

Nottingham Manor Owners Ass'n v. El Paso Elec. Co., 260 S.W.3d 186 (Tex. App. 2008). “Tex. Prop.Code Ann. § 81.102(a). EPEC argues that the Declaration does not meet the requirements of subsections (1), (2), (6), and (7).”

Juan Luis Cavazos, Aliza Marie Cavazos, Nivar Desai & Janki Desai v. Bd. of Governors of the Council of Co-Owners of the Summit Condos. (Tex. App. 2013). · cites it 2× “rav Desai, and Janki Desai argue that the trial court erred in denying appellants’ request for declaratory judgment because: (1) appellee’s, the Board of Governors of the Council of Co-Owners of the Summit Condominiums (“Board of Governor’s”), amendment to prohibit leasing or…”

Dos Republicas Coal P'ship v. David Saucedo, as Floodplain Adm'r & Cnty. Judge of the Maverick Cnty. Commissioners Court, & the Maverick Cnty. Commissioners Court (Tex. App. 2015). · cites it 2× “”TEX. PROP.CODE ANN. § 81.102(a)(8) court rendered the proper judgment, the incorrect conclusion (West 2007).”

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 (Tex. App. 2022). “14, 2022); see also Tex. Prop. Code Ann. §§ 81.102 (b), .208 (stating essentially same information).”

Nottingham Manor Owners Ass'n, Virginia White, & Other Owners of Residential Prop. in the Nottingham Manor Townhomes v. El Paso Elec. Co. (Tex. App. 2008). “Tex. Prop. Code Ann. § 81.102 (a). EPEC argues that the Declaration does not meet the requirements of subsections (1), (2), (6), and (7).”

Fowler, Owens & Hansen, Judy Fowler & Ted Hansen v. Barbara Vacker Cooke & Walter Vacker (Tex. App. 1993). “Condominium Act, Tex. Prop. Code Ann. § 81.103 (a) (West 1984).”

— Tex. Prop. Code § 81.102(a) — 1 case

— Tex. Prop. Code § 81.102(a)(8) — 2 cases

Juan Luis Cavazos, Aliza Marie Cavazos, Nivar Desai & Janki Desai v. Bd. of Governors of the Council of Co-Owners of the Summit Condos. (Tex. App. 2013). “rav Desai, and Janki Desai argue that the trial court erred in denying appellants’ request for declaratory judgment because: (1) appellee’s, the Board of Governors of the Council of Co-Owners of the Summit Condominiums (“Board of Governor’s”), amendment to prohibit leasing or…”

Dos Republicas Coal P'ship v. David Saucedo, as Floodplain Adm'r & Cnty. Judge of the Maverick Cnty. Commissioners Court, & the Maverick Cnty. Commissioners Court (Tex. App. 2015). “”TEX. PROP.CODE ANN. § 81.102(a)(8) court rendered the proper judgment, the incorrect conclusion (West 2007).”

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