Tex. Codes » Property Code · TITLE 7. CONDOMINIUMS · CHAPTER 82. UNIFORM CONDOMINIUM ACT
Texas Codes

Tex. Prop. Code § 82.005 (2026)

Separate Titles And Taxation

✓ current as of May 2026
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Sec. 82.005. SEPARATE TITLES AND TAXATION. (a) If there is a unit owner other than a declarant, each unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real property.

(b) If there is a unit owner other than a declarant, each unit must be separately taxed and assessed, and no separate tax or assessment may be rendered against common elements for which a declarant has not reserved development rights. Any portion of the common elements for which a declarant has reserved any development right must be separately taxed and assessed against the declarant, and the declarant alone is liable for payment of those taxes.

(c) If there is no unit owner other than a declarant, the real property constituting the condominium may be taxed and assessed in any manner provided by law.

(d) The laws relating to homestead exemptions from property taxes apply to condominium units, which are entitled to homestead exemptions in those cases in which the owner of a single family dwelling would qualify.

Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.

Notes of Decisions
Cited in 2 cases, 2000–2016 · leading case: First Main Street Corp. v. Bd. of Assessors, 725 N.E.2d 1076 (Mass. App. Ct. 2000).
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First Main Street Corp. v. Bd. of Assessors, 725 N.E.2d 1076 (Mass. App. Ct. 2000). “05(c) (1995); Tex. Prop. Code Ann. § 82.005 (b) (West 1995); Vt.”
Dockside Assocs./Pier 30, L.P. v. City of Philadelphia, Bd. of Revision of Taxes (Pa. Commw. Ct. 2016). “§ 66-27-205 ; Tex. Prop. Code Ann. § 82.005 ; R.I. Gen.”
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