St. Mary's Law Journal
The Texas Condominium Act (TCA) is the type of condominium statute often referred to as “first-generation” legislation. It defines the type of property that may provide the basis for a condominium project, and states the minimum number of units necessary to constitute a project. The Act describes the property interest held by each unit owner and the boundaries of his or her unit, while providing for exclusive ownership of individual units with joint interest in the general and limited common elements.
One criticism of “first-generation” legislation has been that it provides for the establishment of the condominium, but fails to deal adequately with the operation and management of an existing condominium project. As such, it is worthwhile to examine the operation and management of a condominium under the TCA. By comparing the Act with proposed model acts and statutes of other states, inadequacies in the language of the TCA can be highlighted. Then a proposal can be made for solutions to these inadequacies to facilitate the operation and management of a Texas condominium.
Faye M. Bracey, An Analysis of the Texas Condominium Act: Maintenance and Operation of a Condominium Project, 11 St. Mary’s L.J. 861 (1980).