Texas Property Code 82.067 – Amendment of Declaration
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(a) Except as provided by Subsection (b), a declaration, including the plats and plans, may be amended only by vote or agreement of unit owners to which at least 67 percent of the votes in the association are allocated, or any larger majority the declaration specifies. A declaration may specify a smaller number only if all of the units are restricted exclusively to nonresidential use. An amendment to a declaration may be adopted:
(1) by written ballot that states the exact wording or substance of the amendment and that specifies the date by which a ballot must be received to be counted;
(2) at a meeting of the members of the association after written notice of the meeting has been delivered to an owner of each unit stating that a purpose of the meeting is to consider an amendment to the declaration; or
(3) by any method permitted by the declaration.
(b) The amendment procedures of this section do not apply to amendments that may be executed by:
(1) a declarant under § 82.051(c), 82.059(f), or 82.060 or Subsection (f);
(2) the association under § 82.007, 82.056(d), 82.058(c), 82.062, or 82.063 or Subsection (f); or
(3) certain unit owners under § 82.058(b), 82.062, 82.063(b), or 82.068(b).
Terms Used In Texas Property Code 82.067
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Association: means the unit owners' association organized under § 82. See Texas Property Code 82.003
- Board: means the board of directors or the body, regardless of name, designated to act on behalf of the association. See Texas Property Code 82.003
- Common elements: means all portions of a condominium other than the units and includes both general and limited common elements. See Texas Property Code 82.003
- Condominium: means a form of real property with portions of the real property designated for separate ownership or occupancy, and the remainder of the real property designated for common ownership or occupancy solely by the owners of those portions. See Texas Property Code 82.003
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Declarant: means a person, or group of persons acting in concert, who:
(A) as part of a common promotional plan, offers to dispose of the person's interest in a unit not previously disposed of; or
(B) reserves or succeeds to any special declarant right. See Texas Property Code 82.003 - Declaration: means an instrument, however denominated, that creates a condominium, and any amendment to that instrument. See Texas Property Code 82.003
- Limited common element: means a portion of the common elements allocated by the declaration or by operation of § 82. See Texas Property Code 82.003
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Special declarant rights: means rights reserved for the benefit of a declarant to:
(A) complete improvements indicated on plats and plans filed with the declaration;
(B) exercise any development right;
(C) make the condominium part of a larger condominium or a planned community;
(D) maintain sales, management, and leasing offices, signs advertising the condominium, and models;
(E) use easements through the common elements for the purpose of making improvements within the condominium or within real property that may be added to the condominium; or
(F) appoint or remove any officer or board member of the association during any period of declarant control. See Texas Property Code 82.003 - Unit: means a physical portion of the condominium designated for separate ownership or occupancy, the boundaries of which are described by the declaration. See Texas Property Code 82.003
- Unit owner: means a declarant or other person who owns a unit, or a lessee of a unit in a leasehold condominium whose lease expires simultaneously with any lease the expiration or termination of which will remove the unit from the condominium, but does not include a person having an interest in a unit solely as security for an obligation. See Texas Property Code 82.003
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) An action to challenge the validity of an amendment adopted by the association under this section must be brought before the first anniversary of the date the amendment is recorded.
(d) To be effective, an amendment to the declaration must be recorded in each county in which any portion of the condominium is located.
(e) Except as permitted or required by this chapter, an amendment may not create or increase special declarant rights, increase the number of units, change the boundaries of a unit, alter or destroy a unit or limited common element, change a unit’s allocated interest, or change the use restrictions on a unit unless the amendment is approved by 100 percent of the votes in the association. Except as agreed to by the declarant, an amendment may not increase or otherwise modify the obligations imposed by a declaration on a declarant, or reduce or otherwise modify the rights granted by a declaration to a declarant, including special declarant rights.
(f) If permitted by the declaration, the board or the declarant, if the declarant owns a unit that has never been occupied, may without a vote of the unit owners or approval of the association amend the declaration in any manner necessary to meet the requirements of the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Housing Administration, or the Veterans Administration.
(g) Amendments to the declaration required by this chapter to be recorded by the association must be prepared, executed, recorded, and certified by an officer of the association designated for that purpose or, in the absence of designation, by the president of the association.
(h) An association may amend the declaration to authorize the board:
(1) to bring an action to evict a tenant of a unit owner for the tenant’s violation of the declaration, bylaws, or rules of the association;
(2) to bring an action to evict a tenant of a unit owner who fails to pay the association for the cost of repairs to common elements damaged substantially by the owner’s tenant; or
(3) to collect rents from a tenant of a unit owner who is at least 60 days’ delinquent in the payment of any amount due to the association.