Tex. Codes » Property Code · TITLE 7. CONDOMINIUMS · CHAPTER 81. CONDOMINIUMS CREATED BEFORE ADOPTION OF UNIFORM CONDOMINIUM ACT
Texas Codes

Tex. Prop. Code § 81.104 (2026)

Apartment Ownership

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Sec. 81.104. APARTMENT OWNERSHIP. (a) An owner of an apartment in a condominium regime owns it exclusively, and the owner may possess, convey, or encumber the apartment, or subject it to judicial acts, independently of the other apartments in the condominium regime.

(b) An individual title or interest in an apartment in a condominium regime is recordable.

(c) The entire interest in the condominium regime shall be divided among the apartments.

(d) A person may own an apartment in a condominium regime jointly or in common with others.

(e) A condominium association may not alter or destroy an apartment or a limited common element without the consent of all owners affected and the first lien mortgagees of all affected owners.

Acts 1983, 68th Leg., p. 3619, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 18, Sec. 9(c), eff. Oct. 2, 1984.

Notes of Decisions
Cited in 5 cases, 1998–2020 · leading case: Dickerson v. DeBarbieris, 964 S.W.2d 680 (Tex. App.—Houston [14th Dist.] 1998).
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Dickerson v. DeBarbieris, 964 S.W.2d 680 (Tex. App.—Houston [14th Dist.] 1998). “See Tex. PROP.Code Ann. § 81.104(e) (Vernon 1995).”
West Campus Ramsey Props. v. Encinal Condo. Owners' Ass'n, No. 03-09-00146-CV (Tex. App.—Austin Dec. 30, 2009). · cites it 9× “See Tex. Prop. Code Ann. § 81.104 (e) (West 2007).”
Texas Bd. of Law Examiners v. Donald Little, No. 03-09-00342-CV (Tex. App.—Austin Dec. 30, 2009). · cites it 7× “See Tex. Prop. Code Ann. § 81.104 (e) (West 2007).”
David Atkinson v. Sunchase IV Homeowners Ass'n, No. 13-17-00691-CV (Tex. App.—Corpus Christi–Edinburg Dec. 19, 2019). “” See TEX. PROP. CODE ANN. § 81.104(c) (“The entire interest in the condominium regime shall be divided among the apartments.”
David Atkinson v. Sunchase IV Homeowners Ass'n, No. 13-17-00691-CV, 2020 WL 2079093 (Tex. App.—Corpus Christi–Edinburg Apr. 30, 2020). “” See TEX. PROP. CODE ANN. § 81.104(c) (“The entire interest in the condominium regime shall be divided among the apartments.”
Tex. Prop. Code § 81.104(c): 2 cases
David Atkinson v. Sunchase IV Homeowners Ass'n, No. 13-17-00691-CV (Tex. App.—Corpus Christi–Edinburg Dec. 19, 2019). “” See TEX. PROP. CODE ANN. § 81.104(c) (“The entire interest in the condominium regime shall be divided among the apartments.”
David Atkinson v. Sunchase IV Homeowners Ass'n, No. 13-17-00691-CV, 2020 WL 2079093 (Tex. App.—Corpus Christi–Edinburg Apr. 30, 2020). “” See TEX. PROP. CODE ANN. § 81.104(c) (“The entire interest in the condominium regime shall be divided among the apartments.”
Tex. Prop. Code § 81.104(e): 3 cases
Dickerson v. DeBarbieris, 964 S.W.2d 680 (Tex. App.—Houston [14th Dist.] 1998). “See Tex. PROP.Code Ann. § 81.104(e) (Vernon 1995).”
West Campus Ramsey Props. v. Encinal Condo. Owners' Ass'n, No. 03-09-00146-CV (Tex. App.—Austin Dec. 30, 2009). “See Tex. Prop. Code Ann. § 81.104 (e) (West 2007).”
Texas Bd. of Law Examiners v. Donald Little, No. 03-09-00342-CV (Tex. App.—Austin Dec. 30, 2009). “See Tex. Prop. Code Ann. § 81.104 (e) (West 2007).”
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