Tex. Prop. Code § 82.067 · Subchapter B. CREATION, ALTERATION, AND TERMINATION OF CONDOMINIUMS
AMENDMENT OF DECLARATION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Except as provided by Subsection (b), a declaration, including the plats and plans, may be amended only by vote or agreement of unit owners to which at least 67 percent of the votes in the association are allocated, or any larger majority the declaration specifies. A declaration may specify a smaller number only if all of the units are restricted exclusively to nonresidential use. An amendment to a declaration may be adopted:
(1) by written ballot that states the exact wording or substance of the amendment and that specifies the date by which a ballot must be received to be counted;
(2) at a meeting of the members of the association after written notice of the meeting has been delivered to an owner of each unit stating that a purpose of the meeting is to consider an amendment to the declaration; or
(3) by any method permitted by the declaration.
(b) The amendment procedures of this section do not apply to amendments that may be executed by:
(1) a declarant under Section 82.051(c), 82.059(f), or 82.060 or Subsection (f);
(2) the association under Section 82.007, 82.056(d), 82.058(c), 82.062, or 82.063 or Subsection (f); or
(3) certain unit owners under Section 82.058(b), 82.062, 82.063(b), or 82.068(b).
(c) An action to challenge the validity of an amendment adopted by the association under this section must be brought before the first anniversary of the date the amendment is recorded.
(d) To be effective, an amendment to the declaration must be recorded in each county in which any portion of the condominium is located.
(e) Except as permitted or required by this chapter, an amendment may not create or increase special declarant rights, increase the number of units, change the boundaries of a unit, alter or destroy a unit or limited common element, change a unit's allocated interest, or change the use restrictions on a unit unless the amendment is approved by 100 percent of the votes in the association. Except as agreed to by the declarant, an amendment may not increase or otherwise modify the obligations imposed by a declaration on a declarant, or reduce or otherwise modify the rights granted by a declaration to a declarant, including special declarant rights.
(f) If permitted by the declaration, the board or the declarant, if the declarant owns a unit that has never been occupied, may without a vote of the unit owners or approval of the association amend the declaration in any manner necessary to meet the requirements of the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Housing Administration, or the Veterans Administration.
(g) Amendments to the declaration required by this chapter to be recorded by the association must be prepared, executed, recorded, and certified by an officer of the association designated for that purpose or, in the absence of designation, by the president of the association.
(h) An association may amend the declaration to authorize the board:
(1) to bring an action to evict a tenant of a unit owner for the tenant's violation of the declaration, bylaws, or rules of the association;
(2) to bring an action to evict a tenant of a unit owner who fails to pay the association for the cost of repairs to common elements damaged substantially by the owner's tenant; or
(3) to collect rents from a tenant of a unit owner who is at least 60 days' delinquent in the payment of any amount due to the association.
Notes and commentary — not statutory text
History
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.
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 287a6e7575922d501f874762810a70c6629a9d5acbce0a0485026c27de439e80
- 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 § 82.007CONDEMNATION.Printed as Section 82.007, 82.056(d), 82.058(c), 82.062, or 82.063
- Tex. Prop. Code § 82.051CREATION OF CONDOMINIUM.Printed as Section 82.051(c), 82.059(f), or 82.060
- Tex. Prop. Code § 82.056LEASEHOLD CONDOMINIUMS.Printed as Section 82.007, 82.056(d), 82.058(c), 82.062, or 82.063
- Tex. Prop. Code § 82.058LIMITED COMMON ELEMENTS.Printed as Section 82.007, 82.056(d), 82.058(c), 82.062, or 82.063 | Section 82.058(b), 82.062, 82.063(b), or 82.068(b)
- Tex. Prop. Code § 82.059PLATS AND PLANS.Printed as Section 82.051(c), 82.059(f), or 82.060
- Tex. Prop. Code § 82.060EXERCISE OF DEVELOPMENT RIGHT.Printed as Section 82.051(c), 82.059(f), or 82.060
- Tex. Prop. Code § 82.062RELOCATION OF BOUNDARIES BETWEEN ADJOINING UNITS.Printed as Section 82.007, 82.056(d), 82.058(c), 82.062, or 82.063 | Section 82.058(b), 82.062, 82.063(b), or 82.068(b)
- Tex. Prop. Code § 82.063SUBDIVISION OF UNITS.Printed as Section 82.007, 82.056(d), 82.058(c), 82.062, or 82.063 | Section 82.058(b), 82.062, 82.063(b), or 82.068(b)
- Tex. Prop. Code § 82.068TERMINATION OF CONDOMINIUM.Printed as Section 82.058(b), 82.062, 82.063(b), or 82.068(b)
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.