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.
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: Section 82.002 — Applicability, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­82.­htm#82.­002 (accessed Apr. 13, 2024).

82.001
Short Title
82.002
Applicability
82.003
Definitions
82.004
Variation by Agreement
82.005
Separate Titles and Taxation
82.006
Applicability of Local Ordinances, Regulations, and Building Codes
82.007
Condemnation
82.008
Venue
82.051
Creation of Condominium
82.052
Unit Boundaries
82.053
Construction and Validity of Declaration and Bylaws
82.054
Description of Units
82.055
Contents of Declaration for All Condominiums
82.056
Leasehold Condominiums
82.057
Allocation of Common Element Interests, Votes, and Common Expense Liabilities
82.058
Limited Common Elements
82.059
Plats and Plans
82.060
Exercise of Development Right
82.061
Alterations of Units
82.062
Relocation of Boundaries Between Adjoining Units
82.063
Subdivision of Units
82.064
Easement for Encroachments
82.065
Use for Sales Purposes
82.066
Easement Rights
82.067
Amendment of Declaration
82.068
Termination of Condominium
82.069
Rights of Secured Lenders
82.070
Meeting at Which Amendments May Be Adopted
82.101
Organization of Unit Owners’ Association
82.102
Powers of Unit Owners’ Association
82.103
Board Members and Officers
82.104
Transfer of Special Declarant Rights
82.105
Termination of Contracts and Leases of Declarant
82.106
Bylaws
82.107
Upkeep of Condominium
82.108
Meetings
82.109
Quorums
82.110
Voting and Proxies
82.111
Insurance
82.112
Assessments for Common Expenses
82.113
Association’s Lien for Assessments
82.114
Association Records
82.115
Association as Trustee
82.116
Management Certificate
82.117
Obligations of Unit Owners
82.118
Service of Process on Unit Owners in Certain Municipalities
82.119
Procedures for Filing Suit or Initiating Arbitration Proceedings for Defect or Design Claims for Certain Associations
82.120
Binding Arbitration for Certain Claims
82.121
Possession of Firearm or Firearm Ammunition on Condominium Property
82.151
Applicability
82.152
Liability for Condominium Information Statement
82.153
Condominium Information Statements in General
82.154
Condominiums with Conversion Buildings
82.155
Condominium Securities
82.156
Purchaser’s Right to Cancel
82.157
Resale of Unit
82.158
Escrow of Deposits
82.159
Release of Liens
82.160
Conversion Buildings
82.161
Effect of Violations on Rights of Action and Attorney’s Fees
82.162
Labeling of Promotional Material
82.163
Declarant’s Obligation to Complete and Restore
82.164
Loans as Eligible Investments
82.0675
Restriction Relating to Club Membership
82.1141
Access to Association Records

Accessed:
Apr. 13, 2024

§ 82.002’s source at texas​.gov