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.
Partition of Common Elements
Tex. Property Code § 81.108, under Condominiums Created Before Adoption of Uniform Condominium Act.
Tex. Property Code § 81.108