Texas Codes

Tex. Prop. Code § 82.002 (2026)

Applicability

✓ current as of May 2026

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Sec. 82.002. APPLICABILITY. (a) This chapter applies to all commercial, industrial, residential, and other types of condominiums in this state for which the declaration is recorded on or after January 1, 1994. A condominium for which the declaration was recorded before January 1, 1994, may be governed exclusively under this chapter if either:

(1) the owners of units vote to amend the declaration, in accordance with the amendment process authorized by the declaration, to have this chapter apply and that amendment is filed for record in the condominium records in each county in which the condominium is located; or

(2) a declaration or amendment of declaration was recorded before January 1, 1994, and the declaration or amendment states that this chapter will apply in its entirety on January 1, 1994.

(b) An amendment to a declaration under Subsection (a)(1) that implements a vote of the unit owners to be governed by this chapter may not affect the rights of a declarant or impose duties on a declarant that are greater than or in addition to the declarant's duties immediately before the date of the vote or amendment.

(c) This section and the following sections apply to a condominium in this state for which the declaration was recorded before January 1, 1994: Sections 82.005, 82.006, 82.007, 82.053, 82.054, 82.102(a)(1)-(7), (a)(12)-(21), (f), and (g), 82.108, 82.111, 82.113, 82.114, 82.116, 82.118, 82.157, and 82.161. The definitions prescribed by Section 82.003 apply to a condominium in this state for which the declaration was recorded before January 1, 1994, to the extent the definitions do not conflict with the declaration. The sections listed in this subsection apply only with respect to events and circumstances occurring on or after January 1, 1994, and do not invalidate existing provisions of the declaration, bylaws, or plats or plans of a condominium for which the declaration was recorded before January 1, 1994.

(c-1) Section 82.121 applies to a condominium for which the declaration was recorded before January 1, 1994.

(d) Chapter 81 does not apply to a condominium for which the declaration was recorded on or after January 1, 1994, and does not invalidate any amendment to the declaration, bylaws, or plats and plans of any condominium for which the declaration was recorded before January 1, 1994, if the amendment would be permitted by this chapter. The amendment must be adopted in conformity with the procedures and requirements specified by those instruments and by Chapter 81. If the amendment grants to a person a right, power, or privilege permitted by this chapter, all correlative obligations, liabilities, and restrictions prescribed by this chapter also apply to that person.

Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994. Amended by Acts 1997, 75th Leg., ch. 956, Sec. 1, eff. Jan. 1, 1998.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1323 (H.B. 3128), Sec. 1, eff. September 1, 2009.

Acts 2013, 83rd Leg., R.S., Ch. 678 (H.B. 2075), Sec. 1, eff. September 1, 2013.

Acts 2019, 86th Leg., R.S., Ch. 39 (H.B. 302), Sec. 4, eff. September 1, 2019.

Notes of Decisions

Cited in 12 cases (2 in the last 5 years), 2009–2023 · leading case: Bundren v. Holly Oaks Townhomes Ass'n, Inc., 347 S.W.3d 421 (Tex. App. 2011).

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Bundren v. Holly Oaks Townhomes Ass'n, Inc., 347 S.W.3d 421 (Tex. App. 2011). · cites it 2× “Tex. Prop Code Ann. § 82.002 (c). 8 . Holly Oaks unit 3 and WOPL units 711 and 728 were also transferred to Hope Hill on December 31, 1991.”

Chiarini v. State, 442 S.W.3d 318 (Tex. Crim. App. 2014). “The condominium declaration was executed on November 25, 1981. Because the declaration was executed before January 1, 1994, the "Condominium Act” (Chapter 81) rather than the "Uniform Condominium Act” (Chapter 82) applies.”

Duarte v. Disanti, 292 S.W.3d 733 (Tex. App. 2009). “Tex. Prop.Code Ann. § 82.002(a), (c) (Vernon 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). · cites it 2× “Tex. Prop. Code Ann. § 82.002 (a). The record here reflects no such vote or 14 sections “apply only with respect to events and circumstances occurring on or after January 1, 1994, and do not invalidate existing provisions of the declaration, bylaws, or plats or plans of a…”

City of South Padre Island, Texas v. La Concha Condo. Ass'n, Clay Padginton, Cindy Clendenen, & Robert Steenbock (Tex. App. 2018). “See TEX. PROP. CODE ANN. § 82.002(a) (West, Westlaw through 2017 1st C.”

Wesner v. Southall (N.D. Tex. 2023). “” Tex. Prop. Code § 82.002. Wesner does not allege the property at issue is a condominium unit.”

Joseph Tate, Tr. of the Joseph Tate Revocable Trust v. Virginia E. Lipe AKA Virginia E. Alford (Tex. App. 2009). “" Tex. Prop. Code Ann. § 82.002 (a). The Uniform Condominium Act also may govern condominiums for which the declaration was recorded before January 1, 1994, if the owners of units vote to amend the declaration to have the chapter apply and the amendment is filed for record in…”

Gary S. Bagelman v. Barbara L. Peach (Tex. App. 2011). “101 is not one of the sections that the Legislature has made applicable to condominiums for which a declaration is recorded before January 1, 1994, see Tex. Prop. Code Ann. § 82.002 (c) (West 2007), but the term “association” is used in chapter 81, the Condominium Act, see id.”

Gary S. Bagelman v. Barbara L. Peach (Tex. App. 2011). “101 is not one of the sections that the Legislature has made applicable to condominiums for which a declaration is recorded before January 1, 1994, see Tex. Prop. Code Ann. § 82.002 (c) (West 2007), but the term "association" is used in chapter 81, the Condominium Act, see id.”

Nationstar Mortg., LLC v. Turtle Creek 3838 1816 Land Trust (Tex. App. 2014). “TEX. PROP. CODE ANN. § 82.002(a) (West Supp.”

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). “” TEX. PROP. CODE ANN. § 82.002(c). The Declaration, as noted earlier, defines “unit” as ownership of an apartment and “certain interests which are appurtenant to the apartment,” such as the general common elements like the pool, elevators, parking spaces, a membership in the…”

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. § 82.002(c). Footnotes 1 The proposed change to the Bylaws stated as follows: (9) No apartment of part thereof may be leased or rented for less than thirty days.”

— Tex. Prop. Code § 82.002(a) — 4 cases

Duarte v. Disanti, 292 S.W.3d 733 (Tex. App. 2009). “Tex. Prop.Code Ann. § 82.002(a), (c) (Vernon 2007).”

Nationstar Mortg., LLC v. Turtle Creek 3838 1816 Land Trust (Tex. App. 2014). “TEX. PROP. CODE ANN. § 82.002(a) (West Supp.”

— Tex. Prop. Code § 82.002(c) — 3 cases

Bundren v. Holly Oaks Townhomes Ass'n, Inc., 347 S.W.3d 421 (Tex. App. 2011). “Tex. Prop Code Ann. § 82.002 (c). 8 . Holly Oaks unit 3 and WOPL units 711 and 728 were also transferred to Hope Hill on December 31, 1991.”

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