A condominium is a single unit of real estate—usually a home or residence—in a multi-unit residential development in which each owner of a unit has both a separate ownership interest (often everything inside the front door)—and a common ownership interest (with other unit owners) in the common areas of the property outside the front door—such as roofs, hallways, driveways, walkways, stairways, stucco, brick, paint, stone, and landscaping.
A condominium development is usually governed by a homeowners’ association (HOA) through its board of directors, elected by the homeowners as provided by the HOA’s declaration and bylaws. Unit owners or homeowners in the association are required to pay monthly HOA dues for the maintenance and repair of the common areas of the property and its insurance.
In Texas, condominiums are governed by the Texas Uniform Condominium Act (TUCA), which is found in Chapter 82 of the Texas Property Code. Under this act, each condominium owner possesses an individual ownership interest in their unit, as well as a shared interest in the common elements of the property, such as lobbies, roofs, and amenities. The operation of condominiums is overseen by a homeowners' association (HOA), which is responsible for managing, maintaining, and repairing the common areas. The HOA is typically run by a board of directors elected by the unit owners. The governing documents of the HOA, including the declaration and bylaws, set forth the rules for the administration of the condominium and the responsibilities of the unit owners, including the payment of monthly dues for upkeep and insurance of the common areas. These documents also outline the rights and obligations of the unit owners regarding the use of their individual units and the common property. Texas law requires that these governing documents be recorded in the county where the property is located to be enforceable.
