Sec. 82.058. LIMITED COMMON ELEMENTS. (a) The limited common elements and the provisions of the declaration relating to the right to use the limited common elements may not be altered without the consent of each affected unit owner and the owner's first lien mortgagee.
(b) Except as otherwise provided by the declaration, a limited common element may be reallocated by an amendment to the declaration, executed by the unit owners between or among whose units the reallocation is made. The persons executing the amendment shall deliver it to the association, which shall record it at the expense of the reallocating unit owners.
(c) A common element not previously allocated as a limited common element may not be allocated except pursuant to the declaration made in accordance with Section 82.055(7). The allocation shall be made by amendment to the declaration.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.
Structure Texas Statutes
Chapter 82 - Uniform Condominium Act
Subchapter B. Creation, Alteration, and Termination of Condominiums
Section 82.051. Creation of Condominium
Section 82.052. Unit Boundaries
Section 82.053. Construction and Validity of Declaration and Bylaws
Section 82.054. Description of Units
Section 82.055. Contents of Declaration for All Condominiums
Section 82.056. Leasehold Condominiums
Section 82.057. Allocation of Common Element Interests, Votes, and Common Expense Liabilities
Section 82.058. Limited Common Elements
Section 82.059. Plats and Plans
Section 82.060. Exercise of Development Right
Section 82.061. Alterations of Units
Section 82.062. Relocation of Boundaries Between Adjoining Units
Section 82.063. Subdivision of Units
Section 82.064. Easement for Encroachments
Section 82.065. Use for Sales Purposes
Section 82.066. Easement Rights
Section 82.0675. Restriction Relating to Club Membership
Section 82.068. Termination of Condominium