Texas Property Code Chapter 82: Uniform Condominium Act Guide for Associations

Quick Answer

Texas Property Code Chapter 82, the Uniform Condominium Act, governs condominiums whose declaration was recorded on or after January 1, 1994, plus a listed set of sections for older condominiums. It covers how the unit owners' association is organized, how meetings and votes work, records access, management certificates, the online posting duty and resale certificates. Two 2025 laws took effect September 1, 2025: SB 711 (online posting of governing documents, expanded management certificates, a $375 resale certificate cap) and SB 2629 (electronic meetings and voting). Condominiums are not covered by Chapter 209.

At a Glance

What the Law Says

Structure and who is covered

Chapter 82 has four subchapters: A (General Provisions), B (Creation, Alteration, and Termination of Condominiums), C (Condominium Management) and D (Protection of Purchasers). Section 82.002(a) says the chapter applies to "all commercial, industrial, residential, and other types of condominiums" for which the declaration is recorded on or after January 1, 1994.

A condominium whose declaration was recorded earlier may be governed exclusively by Chapter 82 if the owners vote to amend the declaration and file the amendment, or if an earlier declaration said the chapter would apply in its entirety on January 1, 1994 (§ 82.002(a)). Section 82.002(c) separately lists sections that apply to pre-1994 condominiums, including §§ 82.108, 82.114, 82.116 and 82.157, only for events on or after January 1, 1994. Chapter 81 does not apply to a condominium whose declaration was recorded on or after that date (§ 82.002(d)).

Organization, meetings and voting (SB 2629)

• Organization (§ 82.101): a unit owners' association must be organized as a profit or nonprofit corporation. SB 2629 updated the reference to a "certificate of formation" issued under the Texas Corporation Law.
• Association meetings (§ 82.108(b-1)): a meeting of the association "may be held by any method of communication, including electronic and telephonic means as provided by Section 6.002, Business Organizations Code."
• Board meetings (§ 82.108(c)): may be held by any such method if notice is given under subsection (e), each director can hear and be heard by every other director, and the meeting does not involve voting on "a fine, damage assessment, appeal from a denial of architectural control approval, or suspension of a right of a particular association member before the member has an opportunity to attend a board meeting."
• Written consent (§ 82.108(c-1)): the board may act by unanimous written consent of all directors, with the same four exclusions, if a record of the action is filed with the minutes.
• Notice (§ 82.108(d), (e)): by the bylaws, or if the bylaws are silent, as nonprofit corporations give notice under Business Organizations Code Sections 6.051 and 22.156 (association) and 6.051, 6.052 and 22.217 (board).
• Voting (§ 82.110(d)): "Voting may be conducted electronically as provided by Section 6.002, Business Organizations Code."

SB 2629 took effect September 1, 2025. It permits electronic meetings and voting for condominium associations. It does not mandate them. See SB 2629.

Records access (SB 318 and § 82.1141)

Section 82.1141, added by SB 318 effective September 1, 2021, gives unit owners a records process parallel to the one in § 209.005. The request must go by certified mail to the address on the most current management certificate. The association must send inspection dates or produce copies "on or before the 10th business day," or give written notice of a date not later than the 15th business day after that notice. The board must adopt and record a records production and copying policy, and associations of eight or more units must adopt a document retention policy. An owner who is denied access may petition the justice of the peace, who may order release and award court costs and attorney's fees; if the association prevails it may recover its costs and fees. The owner must give notice of intent to sue at least 10 business days beforehand. See SB 318.

Two differences from the subdivision statute are visible in the text. Section 82.1141(j) allows the association to withhold a unit owner's "address" along with contact information, where § 209.005(k) excludes the owner's address from the protected category. And § 82.1141(m) does not include the remedy of deducting awarded amounts from future assessments that § 209.005(n)(3) gives subdivision owners.

Online information (SB 711 and § 82.1142)

New § 82.1142 applies to "the association of a condominium composed of at least 60 units" or an association that "has contracted with a management company." It must make the current dedicatory instruments filed in the county deed records available on a website maintained by the association or its management company and accessible to members. SB 711 also added a definition of "management company" at § 82.003(a)(17-a).

Management certificates (SB 711 and § 82.116)

• The association must record a certificate in each county where part of the condominium lies, signed and acknowledged by an officer. After SB 711 it must state the name of any management company with mailing address, telephone number and email address, the website address if one exists under § 82.1142, and the amount and description of fees charged to a unit seller or buyer for a transfer.
• An amended certificate must be recorded "not later than the 30th day" after the association has notice of a change in any information in a recorded certificate (previously limited to certain items).
• Not later than the seventh day after filing for recording, the association must file the certificate electronically with the Texas Real Estate Commission (§ 82.116(b-1)).
• A unit owner is not liable for the association's collection attorney's fees, or for interest on a delinquent assessment, that accrue while a certificate is not recorded and filed as required (§ 82.116(d)).
• Transition: an association that had recorded a certificate before September 1, 2025 had to electronically file its most recent certificate with the Commission "not later than March 1, 2026" (SB 711, Section 8). That date has passed.

Resale certificates (§ 82.157)

A selling unit owner must furnish the purchaser, before signing a contract or conveying, a current copy of the declaration, bylaws and rules and a resale certificate prepared "not earlier than three months" before delivery. The association must furnish the certificate to the owner not later than the 10th day after a written request. If it does not, the owner may give the purchaser a sworn affidavit instead. Failure to provide a certificate does not void a deed. SB 711 added § 82.157(f): an association may charge "a reasonable and necessary fee, not to exceed $375." See Chapter 207 for the subdivision equivalent.

What This Means in Practice

For boards

The practical work in 2025 and 2026 is mostly administrative: update the management certificate to the new content, record and file it with the Texas Real Estate Commission within seven days, post dedicatory instruments online if the condominium has 60 or more units or a management company, and cap resale certificate fees at $375. Keep the board's own notice rules aligned with § 82.108: electronic board meetings still cannot be used to vote on fines, damage assessments, architectural appeals or suspensions before the owner has a chance to be heard.

Our reading: the failure-to-file consequence in § 82.116(d) is easy to overlook. Collection attorney's fees and interest that accrue while the certificate is missing cannot be passed to the owner.

For owners

Owners can request records by certified mail and expect a response within 10 business days, can expect the association's governing documents online if the condominium has 60 or more units or a management company, and can ask the association for a resale certificate when selling. If the certificate is late, § 82.157(b) lets the selling owner use an affidavit.

What the chapter does not say, and open questions

• Chapter 82 does not make electronic voting mandatory.
• Open question: SB 2629 removed from § 82.108 the opening words "Unless the declaration, bylaws, or articles of incorporation of the association provide otherwise." The amended text does not say whether governing documents can still restrict electronic board meetings. Confirm with counsel.
• Open question: § 82.002(c) lists sections that apply to condominiums with pre-1994 declarations. Sections 82.1141, 82.1142 and 82.110 are not on that list. Whether they reach a pre-1994 condominium that has not opted in is not answered on the face of § 82.1141(a), which says it applies "to all associations governed by this chapter." Confirm with counsel.
• We did not read Subchapters A and B in full, or the construction defect and arbitration provisions (§§ 82.119 and 82.120), and this page does not summarize them.

Timeline

Related Texas Law

• SB 711 (2025) and SB 2629 (2025)
• SB 318 (2021): condominium records
• Chapter 209: subdivision associations (does not apply to condominiums)
• Chapter 207: resale certificates for subdivisions (excludes Chapter 81 and Chapter 82 associations)
• Chapter 202
• Texas HOA laws complete guide

Board Checklist

• Confirm whether the declaration was recorded on or after January 1, 1994, or whether the condominium opted into Chapter 82.
• Update the recorded management certificate for the new content and record any amendment within 30 days of a change.
• File each certificate electronically with the Texas Real Estate Commission within seven days of recording, and confirm the March 1, 2026 catch-up filing was made if the certificate was recorded earlier.
• If the condominium has 60 or more units or a management company, post current recorded dedicatory instruments on a member-accessible website.
• Adopt and record a records production and copying policy; if the association has eight or more units, adopt a document retention policy.
• Cap resale certificate fees at $375 and deliver certificates within 10 days of the owner's request.
• Review meeting and voting procedures against § 82.108 and § 82.110(d) before holding electronic meetings.

Frequently Asked Questions

Does Texas Chapter 209 apply to condominiums?

No. Section 209.003(d) states that Chapter 209 does not apply to a condominium as defined by Section 81.002 or 82.003. Condominium associations are covered by Chapter 81 or Chapter 82.

Which condominiums does Chapter 82 cover?

All condominiums whose declaration was recorded on or after January 1, 1994 (§ 82.002(a)). Older condominiums may opt in by amending the declaration, and § 82.002(c) lists sections that apply to older condominiums even without opting in.

Can a condominium board meeting be held by video or phone?

Yes, under § 82.108(c), if notice is given, each director can hear and be heard, and the meeting does not involve voting on a fine, damage assessment, architectural appeal or suspension of an owner's right before the owner can present a position.

Can condominium owners vote electronically?

Section 82.110(d), added by SB 2629, says voting "may be conducted electronically as provided by Section 6.002, Business Organizations Code." It permits electronic voting but does not require it.

What is the most a condominium association can charge for a resale certificate?

Not more than $375, a reasonable and necessary fee, under § 82.157(f), added by SB 711 effective September 1, 2025.

Must every condominium association post its documents online?

Only an association of a condominium with at least 60 units, or one that has contracted with a management company (§ 82.1142). The website may be maintained by the association or the management company and must be accessible to members.

What happens if a condominium association never filed its management certificate?

Under § 82.116(d), a unit owner is not liable for collection attorney's fees or interest on a delinquent assessment that accrue while the certificate is not recorded with the county clerk or filed with the Texas Real Estate Commission as required.

Where This Comes From

We read the enrolled texts of SB 711 and SB 2629 (89th Legislature) on capitol.texas.gov, and the current text of §§ 82.002, 82.1141 and 82.157 as compiled in the 2025 Texas Statutes (Justia mirror of the Property Code). The official statute site is at statutes.capitol.texas.gov. Other sections are listed by title only from the compiled chapter index.

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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.