Texas SB 318 (2021): Condominium Owner Books and Records Law (Property Code 82.1141)

Quick Answer

Texas Senate Bill 318 (87th Legislature, 2021) gave condominium unit owners a detailed records-access process by adding Property Code § 82.1141 and amending § 82.114(b). Owners request records by certified mail, the association must respond by the 10th business day, charges must follow a recorded copy-charge policy, associations with eight or more units need a document retention policy, and a denied owner may petition a justice court. It took effect September 1, 2021.

The process closely tracks the HOA records section, § 209.005, with a few differences noted below.

At a Glance

What the Law Says

The amendment to § 82.114(b)

Before the bill, § 82.114(b) said all financial and other records "shall be reasonably available" for examination by a unit owner and the owner's agents, and stated that an attorney's files were not association records. S.B. 318 rewrote that subsection to say the records are reasonably available for examination "and production in accordance with Section 82.1141," and moved the attorney-file rule into the new section.

New § 82.1141

• Scope (a). The section "applies to all associations governed by this chapter and controls over other law not specifically applicable to an association."
• Right of access (b). "Notwithstanding a provision in a dedicatory instrument," the association "shall make the books and records of the association, including financial records, open to and reasonably available for examination by a unit owner, or a person designated in a writing signed by the unit owner as the unit owner's agent, attorney, or certified public accountant." Owners are also entitled to copies of information in those records.
• Attorney files (c). Generally not association records, except invoices a unit owner requests "for attorney's fees and other costs relating only to a matter for which the association seeks reimbursement of fees and costs from the unit owner." If a responsive document exists only in the attorney's file, it is produced from there. Work product and privileged communications are not required.
• The request (d). In writing, by certified mail, with sufficient detail, to the address on "the most current management certificate filed under Section 82.116," electing inspection first or forwarded copies. The association must respond "on or before the 10th business day after the date the association receives the request," either with inspection dates or with the copies.
• Delay notice (e). If it cannot meet the 10th business day, written notice that says so and gives a date "not later than the 15th business day after the date notice under this subsection is given."
• Inspection and format (f, g). Inspection occurs at a mutually agreed time during normal business hours. Records may be produced in hard copy, electronic or other reasonably available format.
• Cost policy (h, i). The board "must adopt a records production and copying policy" with charges that may include "all reasonable costs of materials, labor, and overhead" but not more than the costs under 1 T.A.C. Section 70.3 for items the association produces, and not more than actual costs for an item produced by a third party. The policy must be recorded as a dedicatory instrument under § 202.006, and no charge may be made until it is. The association may require advance payment, must send a final invoice within 30 business days after delivery, may add unpaid additional amounts to the owner's account as an assessment after 30 more business days, and must refund overpayment on the same timeline.
• Protected records (j, k). "To the extent the information is provided in the meeting minutes," no release is required for records identifying an individual unit owner's violation history, personal financial information (including payment or nonpayment records), contact information, address, or employee information. Aggregate information is allowed. Release is required with the owner's express written approval or a court order.
• Retention (l). An association "composed of eight or more units" must adopt and comply with a retention policy: governing documents permanently; financial books and records seven years; current owner account records five years; contracts of a year or more four years after expiry; minutes seven years; tax returns and audit records seven years.
• Justice court (m, n). A member denied records may petition the justice of the peace of a precinct where all or part of the condominium is located. Remedies: a judgment ordering release or access, and a judgment for court costs and attorney's fees. If the association prevails, it is entitled to its costs and fees.
• Pre-suit notice (o). At least 10 business days before suing, written notice of intent by certified mail, return receipt requested, or USPS signature confirmation, describing the records in detail.
• Business day (p). Not a Saturday, Sunday, or state or federal holiday.

Application clause

In the House committee version of the bill we read, a section states that § 82.1141 "applies only to a request for association records or information made on or after the effective date of this Act." The enrolled bill text did not load for us, so confirm that clause against the enrolled copy.

What This Means in Practice

Condominium compared with HOA

For condominium boards

Three actions follow. First, adopt and record the copy-charge policy. Without a recorded policy the association may not charge for compilation, production or reproduction. Second, if the association has eight or more units, adopt a retention policy that meets the six minimums. Third, log the receipt date of every certified-mail request: the 10-business-day clock runs from receipt.

Our reading: because the request must go to the address on "the most current management certificate," a condominium that has not kept its certificate current invites disputes about whether a request was properly addressed. See the Chapter 82 page for the certificate requirements.

For unit owners

Send the request by certified mail, describe the records specifically, and state whether you want to inspect first or receive copies. You may designate an agent, attorney or CPA in a signed writing. Do not expect individual owners' payment histories or violation records unless an owner consents or a court orders them.

What the law does NOT say

• It does not set the copy charge amount. The ceiling is the cross-referenced Texas Administrative Code section.
• It does not allow an owner to deduct a fee award from future assessments. The HOA section has that remedy and § 82.1141(m) does not.
• It does not describe which records an association must create. Section 82.114(a) separately lists what the association must keep, such as financial records, minutes, and voting records.
• It does not address condominiums that fall outside Chapter 82. Pre-1994 condominiums may be governed by Chapter 81, which we did not read. Open question for counsel.

Timeline

The current text of § 82.1141 shows no later amendment. We did not read the bill's vote certifications or the governor's approval, so we state no passage or signing dates.

Related Texas Law

• § 209.005: the HOA records section.
• Chapter 82 overview: the Uniform Condominium Act.
• 2025 SB 711: condominium management certificates and websites.
• 2025 SB 2629: condominium meetings and voting.
• 2021 SB 1588: the HOA omnibus bill of the same session, which did not amend Chapter 82.
• Texas HOA laws complete guide.

Board Checklist

• Record a records production and copying policy that stays within 1 T.A.C. § 70.3 and actual third-party costs.
• If the association has eight or more units, adopt and follow the document retention schedule.
• Confirm the mailing address on the recorded management certificate is current.
• Log the date each certified-mail request is received and calendar the 10th business day.
• Prepare a delay notice template that names a date within 15 business days.
• Decide how to handle payment history, violation history, contact information, addresses and personnel records in minutes and other records.
• Send final invoices within 30 business days after delivery and refund overpayments on time.
• Treat a notice of intent to sue as a trigger to review the request with counsel.

Frequently Asked Questions

What did Texas SB 318 do?

It added § 82.1141, a records-access procedure for condominium unit owners, and amended § 82.114(b) to refer to it. It took effect September 1, 2021.

How fast must a condominium association respond to a records request?

On or before the 10th business day after it receives a certified-mail request. If it cannot, it must send notice naming a date not later than the 15th business day after that notice.

Which condominium associations need a retention policy?

Those composed of eight or more units, under § 82.1141(l).

Can a condominium association keep owner payment records private?

Generally yes. Section 82.1141(j) says the association need not release records identifying an owner's payment or nonpayment, violation history, contact information, address or employee information, with exceptions for the owner's written approval or a court order.

Can a unit owner use an agent or attorney?

Yes. The owner may designate an agent, attorney or certified public accountant in a writing signed by the owner.

What can a denied owner do?

Send written notice of intent at least 10 business days before suing, then petition the justice court. The court may order release or access and award costs and attorney's fees.

Are attorney files available to unit owners?

Generally not, except certain fee invoices and documents the association has no separate copy of. Privileged material and work product are not required.

Does the section apply to every Texas condominium?

By its terms it applies to associations governed by Chapter 82. Which condominiums are governed by Chapter 82 rather than Chapter 81 turns on provisions we did not read, so confirm with counsel.

Where This Comes From

We read the House committee text of S.B. 318 (87th Legislature) at capitol.texas.gov, and the current text of § 82.1141 and § 82.114 from the Texas Public Law statute database, which credits S.B. 318 (Acts 2021, ch. 555, effective September 1, 2021) and cites the legislature's statute site. The enrolled bill text did not load for our fetcher. We did not read 1 T.A.C. § 70.3. Interpretations labeled "our reading" are ours.

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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Texas attorney before acting.