Tex. Prop. Code § 82.057

Allocation of Common Element Interests, Votes, and Common Expense Liabilities

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Statutory text

(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 (b) If units may be added to or withdrawn from the condominium, the declaration must state the formulas to be used to reallocate the allocated interests among all units included in the condominium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:

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

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 May 26, 2025). 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 Up to date Verified: May 26, 2025 § 82.057. Allocation of Common Element Interests, Votes, & Common Expense Liabilities's source at texas.gov Stay Connected Join thousands of people who receive monthly site updates. Subscribe Get Legal Help The State Bar of Texas runs a service for finding an attorney in good standing. Initial consultations are usually free or discounted: Lawyer Referral & Information Service (LRIS) Committed to Public Service We will always provide free access to the current law. In addition, we provide special support for non-profit, educational, and government users. Through social entrepreneurship, we’re lowering the cost of legal services and increasing citizen access. Navigate Find a Lawyer Blog About Us API Contact Us Reports Secondary Sources Privacy Policy California: Codes Colorado: C.R.S. Florida: Statutes Nevada: NRS New York: Laws Oregon: OAR , ORS Texas: Statutes World: Rome Statute , International Dictionary Location: https://texas.public.law/statutes/tex._prop._code_section_82.057 Original 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 (last accessed May 10, 2025). Blank Outline Levels × The legislature occasionally skips outline levels. For example:

A person may apply [...] (4)(a) A person petitioning for relief [...] In this example,

, and (4)(a) are all outline levels, but

was omitted by its authors. It's only implied. This presents an interesting challenge when laying out the text. We've decided to display a blank section with this note, in order to aide readability. Trust but verify. Here is the original source for section 82.057 Do you have an opinion about this solution? Drop us a line. Close

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Allocation of Common Element Interests, Votes, and Common Expense Liabilities

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