Tex. Prop. Code § 82.002 · Subchapter A. GENERAL PROVISIONS
APPLICABILITY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
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.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PR/htm/PR.82.htm
- Text hash
- sha256 9d7be0f203dde01e8682b60081c310d7cad6e50c492182d85e676a44ff6202d4
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Property Code
- Tex. Prop. Code ch. 81CONDOMINIUMS CREATED BEFORE ADOPTION OF UNIFORM CONDOMINIUM ACTPrinted as Chapter 81
- Tex. Prop. Code § 82.003DEFINITIONS.Printed as Section 82.003
- Tex. Prop. Code § 82.005SEPARATE TITLES AND TAXATION.Printed as Sections 82.005, 82.006, 82.007, 82.053, 82.054, 82.102(a)(1)
- Tex. Prop. Code § 82.006APPLICABILITY OF LOCAL ORDINANCES, REGULATIONS, AND BUILDING CODES.Printed as Sections 82.005, 82.006, 82.007, 82.053, 82.054, 82.102(a)(1)
- Tex. Prop. Code § 82.007CONDEMNATION.Printed as Sections 82.005, 82.006, 82.007, 82.053, 82.054, 82.102(a)(1)
- Tex. Prop. Code § 82.053CONSTRUCTION AND VALIDITY OF DECLARATION AND BYLAWS.Printed as Sections 82.005, 82.006, 82.007, 82.053, 82.054, 82.102(a)(1)
- Tex. Prop. Code § 82.054DESCRIPTION OF UNITS.Printed as Sections 82.005, 82.006, 82.007, 82.053, 82.054, 82.102(a)(1)
- Tex. Prop. Code § 82.102POWERS OF UNIT OWNERS' ASSOCIATION.Printed as Sections 82.005, 82.006, 82.007, 82.053, 82.054, 82.102(a)(1)
- Tex. Prop. Code § 82.121POSSESSION OF FIREARM OR FIREARM AMMUNITION ON CONDOMINIUM PROPERTY.Printed as Section 82.121
Cited by 1 provision
Provisions in this library whose text cites Tex. Prop. Code § 82.002. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.