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2025 Texas Statutes
Property Code
Title 7 - Condominiums
Chapter 81 - Condominiums Created Before Adoption of Uniform Condominium Act
Subchapter B. Creation, Alteration, and Termination of Condominiums
Section 81.108. Partition of Common Elements
Universal Citation:
TX Prop § 81.108 (2025)
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Sec. 81.108. PARTITION OF COMMON ELEMENTS. (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.
Acts 1983, 68th Leg., p. 3621, ch. 576, Sec. 1, eff. Jan. 1, 1984.
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