Tex. Prop. Code Section 82.057
Allocation of Common Element Interests, Votes, and Common Expense Liabilities

(a)

The declaration shall allocate a fraction or percentage of undivided interests in the common elements and in the common expenses of the association, and a portion of the votes in the association, to each unit and state the formulas used to establish those allocations. These allocations may not discriminate in favor of units owned by a declarant.

(b)

If units may be added to or withdrawn from the condominium, the declaration must state the formulas to be used to reallocate the allocated interests among all units included in the condominium after the addition or withdrawal.

(c)

The declaration may provide:

(1)

that different allocations of votes must be made to the units on particular matters specified in the declaration; and

(2)

for class voting on specified issues affecting the class if necessary to protect valid interests of the class.

(d)

A declarant may not use cumulative or class voting to evade any limitation imposed on declarants by this chapter. Units may not constitute a class because the units are owned by a declarant.

(e)

Except for minor variations due to rounding, the sums of the undivided interests in the common elements and of the common expense liabilities allocated at any time to all the units shall each equal one if stated as fractions or 100 percent if stated as percentages. If a discrepancy exists between an allocated interest and the result derived from application of the pertinent formula, the allocated interest prevails.

(f)

The common elements are not subject to partition. Any purported conveyance, judicial sale, or other voluntary or involuntary transfer of an undivided interest in the common elements without the unit to which that interest is allocated is void.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.

Source: Section 82.057 — Allocation of Common Element Interests, Votes, and Common Expense Liabilities, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­82.­htm#82.­057 (accessed Apr. 20, 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
Green check means up to date. Up to date

Accessed:
Apr. 20, 2024

§ 82.057’s source at texas​.gov