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A condominium is an estate in real property consisting of an undivided interest in a portion of a parcel of real property together with a separate fee simple interest in another portion of the same parcel. In essence, condominium ownership is the merger of two estates in land into one: the fee simple ownership of an apartment or unit in a condominium project and a tenancy in common with other co-owners in the common elements. Scott v. Williams, 607 S.W.2d 267, 270 (Tex. Civ. App. -- Texarkana 1980, writ ref'd n.r.e.); TEX. REV. CIV. STAT. ANN. art. 1301a; see also White v. Cox, 17 Cal.App.3d 824, 95 Cal.Rptr. 259, 45 A.L.R.3d 1161 (1971); Comment, 'The Condominium and the Corporation -- A Proposal for Texas,' 11 Hous. L. Rev. 454 (1974).
Condominium ownership is a tenure unknown at common law. Provisions for a form of condominium ownership can be found in the Roman civil law and the Napoleonic Code. 4B Powell on Real Property (Part III) paras. 599, 633.1 et seq. (1976).
Under a condominium housing scheme each condominium apartment unit constitutes a separate parcel of real property which may be dealt with ...
