Tex.
Prop. Code Section 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 (Separate Titles and Taxation), 82.006 (Applicability of Local Ordinances, Regulations, and Building Codes), 82.007 (Condemnation), 82.053 (Construction and Validity of Declaration and Bylaws), 82.054 (Description of Units), 82.102 (Powers of Unit Owners’ Association)(a)(1)-(7), (a)(12)-(21), (f), and (g), 82.108 (Meetings), 82.111 (Insurance), 82.113 (Association’s Lien for Assessments), 82.114 (Association Records), 82.116 (Management Certificate), 82.118 (Service of Process on Unit Owners in Certain Municipalities; Change of Address Required), 82.157 (Resale of Unit), and 82.161 (Effect of Violations on Rights of Action and Attorney’s Fees). The definitions prescribed by Section 82.003 (Definitions) 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 (Possession of Firearm or Firearm Ammunition on Condominium Property) applies to a condominium for which the declaration was recorded before January 1, 1994.(d)
Chapter 81 (Condominiums Created Before Adoption of Uniform Condominium Act) 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 (Condominiums Created Before Adoption of Uniform Condominium Act). 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.
Source:
Section 82.002 — Applicability, https://statutes.capitol.texas.gov/Docs/PR/htm/PR.82.htm#82.002
(accessed Jun. 5, 2024).