Randy Dennis v. Beacon Ridge Townhomes Condominium Association of Owners, Inc. and Debra D. MathisAppeal from 345th District Court of Travis County (memorandum opinion )

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-11-00332-CV Randy Dennis, Appellant v. Beacon Ridge Townhomes Condominium Association of Owners, Inc. and Debra D. Mathis, Appellees FROM THE DISTRICT COURT OF TRAVIS COUNTY, 345TH JUDICIAL DISTRICT NO. D-1-GN-09-004395, HONORABLE RHONDA HURLEY, JUDGE PRESIDING MEMORANDUM OPINION The Beacon Ridge Townhomes Condominium Regime (the Regime ) was formed when the Declaration of Beacon Ridge Townhomes Condominium Association (the Declaration ) was filed with Travis County. See Tex. Prop. Code ยง 82.051 (specifying manner in which condominiums may be formed). Under the terms of the Declaration, the Regime is governed by the Beacon Ridge Townhomes Condominium Association of Owners, Inc. (the Association ). When the Declaration was filed, a portion of the property was subdivided into 24 units with each unit having a 1/24th interest in the remaining undivided common areas. After the property had been subdivided but before any condominiums had been constructed, Randy Dennis purchased eight of the units, which were subject to the terms described in the Declaration. Subsequent to Dennis s purchase, the Association began sending Dennis assessments, which Dennis paid for months. When Dennis stopped paying the assessments, the