PARTITION OF COMMON ELEMENTS
Known as the Condominium Act
The act spans §§ 81–81 (26 sections).
Applied in 1 court decision — leading case Chiarini v. State (2014)
Most recently applied in Chiarini v. State (September 2014)
Acts 1983, 68th Leg., p. 3621, ch. 576, Sec. 1, eff
(a) The ownership of the general and the limited common elements of a condominium regime may not be judicially partitioned or divided while they are suitable for a condominium regime.
(b) A person may not initiate an action for partition of the limited or general common elements of a condominium regime unless the mortgages on the property are paid or the consent of the mortgagees is obtained.
(c) An agreement contrary to this section is void.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.