Texas statute reference · Tex. Prop. Code Ch. 82
Texas Uniform Condominium Act (TUCA)
Chapter 82 governs condominiums created in Texas on or after January 1, 1994. It is more declaration-driven than Florida's Chapter 718: the statute sets backstops and key mandates - insurance, the assessment lien, the resale certificate - and leaves much of the operational detail to the recorded documents. Sections below link to verbatim statute text with plain-English orientation.
Statute text reproduced from the Texas Property Code; editorial summaries by the Common Elements editorial team. Not legal advice; not a substitute for Texas counsel.
Current as of 2026-05-29.
Tex. Prop. Code § 82.003§ 82.003 - Definitions
Defines the terms used throughout TUCA, including condominium, declarant, common elements, limited common elements, unit, and association. The interpretive foundation for the rest of Chapter 82.
- Condominium and unit defined
- Common vs. limited common elements
- Declarant defined
- Association defined
Tex. Prop. Code § 82.102§ 82.102 - Powers of the unit owners' association
Enumerates 21 association powers exercisable through the board unless the declaration provides otherwise - budgets, assessments, contracts, litigation, rulemaking, and fines. Conditions fines on a notice-and-hearing process and holds rules to a not-arbitrary-or-capricious standard.
- 21 enumerated powers (default, subject to declaration)
- Fine notice-and-hearing predicate
- Rules must not be arbitrary or capricious
- Borrowing and assignment of future income
Tex. Prop. Code § 82.103§ 82.103 - Board members and officers
Governs the condominium board and officers - appointment, fiduciary duties, and the transition of authority from the declarant. Most operational detail is set by the declaration and bylaws.
- Board and officer authority
- Fiduciary duties
- Declarant-to-owner transition
Tex. Prop. Code § 82.111§ 82.111 - Insurance
Requires property insurance on the insurable common elements at no less than 80% of replacement cost or actual cash value, plus commercial general liability. Routes proceeds through the association or an insurance trustee and sets deductible-allocation and rebuild rules.
- 80% property coverage on common elements
- Commercial general liability coverage
- Insurance-trustee handling of proceeds
- Deductible allocation and 80% vote not to rebuild
Tex. Prop. Code § 82.112§ 82.112 - Assessments for common expenses
Sets assessment mechanics: the declarant pays expenses before the first assessment, assessments are made at least annually on an adopted budget, the declarant subsidizes operations during control, and assessments recompute when common-expense liabilities are reallocated.
- Declarant pays before the first assessment
- Annual budget-based assessments
- Declarant subsidy during control
- Reallocation recomputes assessments
Tex. Prop. Code § 82.113Amended by H.B. 2075 (2013)§ 82.113 - Association's lien for assessments
The TUCA collection engine. Defines what the assessment lien secures, its priority, the power of sale, judicial and nonjudicial foreclosure (with no foreclosure for fines-only debt), and the 90-day post-sale redemption right.
- Continuing lien on the unit, rents, and proceeds
- Priority stack with statutory exceptions
- Judicial or nonjudicial foreclosure
- 90-day redemption right
Tex. Prop. Code § 82.116Amended by H.B. 2075 (2013)§ 82.116 - Management certificate
Requires the association to record, in each county containing the condominium, a certificate identifying the condominium, the association, and its manager, indexed by the county clerk. A 30-day amendment deadline applies. Distinct from the resale certificate at § 82.157.
- Recorded contact-and-identity certificate
- County recording and indexing
- 30-day amendment deadline
- Not the resale certificate
Tex. Prop. Code § 82.157Amended by S.B. 1168 (2015)§ 82.157 - Resale of unit (resale certificate)
The Texas condominium estoppel equivalent. The seller must furnish the buyer a resale certificate, prepared by the association within the prior three months, disclosing assessments, reserves, judgments, suits, insurance, and transfer fees. The association has 10 days to produce it, and purchasers and lenders may rely on it.
- Resale certificate is § 82.157, not § 82.116
- 14 enumerated disclosure categories
- 10-day production clock with affidavit fallback
- Purchaser and lender reliance protection
Tex. Prop. Code § 82.201§ 82.201 - Transition of declarant control
Governs the period of declarant control and the transition of association governance to unit-owner control. Sets the milestones at which the declarant must relinquish authority.
- Period of declarant control
- Transition to owner governance
- Relinquishment milestones
Chapter 82 FAQ
- What is the Texas Uniform Condominium Act (TUCA)?
- The Texas Uniform Condominium Act, codified at Texas Property Code Chapter 82, governs condominiums created in Texas on or after January 1, 1994. Based on the model Uniform Common Interest Ownership Act, it covers creation, declarant rights, board governance, assessments, common-element ownership, insurance, liens, and resale. Pre-1994 Texas condominiums are governed by Chapter 81 unless they have elected coverage under Chapter 82.
- Where is the Texas condominium resale certificate in the statute?
- The resale certificate is governed by Tex. Prop. Code § 82.157 ('Resale of Unit'). A separate provision, § 82.116, is the 'Management Certificate' - a recorded document identifying the association and its manager, not the buyer-facing resale disclosure. Section 82.157 is the controlling resale-certificate provision.
- Can a Texas condominium association foreclose its assessment lien?
- Yes. Tex. Prop. Code § 82.113 grants the association a power of sale and permits judicial or nonjudicial foreclosure, except that it may not foreclose a lien for assessments consisting solely of fines. The Chapter 209 judicial-order requirement governs subdivision HOAs, not condominiums under Chapter 82, so the TUCA foreclosure framework is the one that applies to condominium assessment liens.
- Does TUCA impose a structural reserve study like Florida's SIRS?
- No. Texas has no SIRS or milestone-inspection equivalent for condominiums. Under Tex. Prop. Code § 82.112(f), a declaration may allow accumulation of reserve funds, but reserve practice is declaration-driven rather than mandated by a statutory structural-reserve-study requirement.
Search synced statutes on Common Elements
Search Texas community-association statutes on Common Elements - plain-English summaries, keyword search, and (where available) the same deep section library as Florida. Free account for bookmarks, uploads, and side-by-side compare.
This is not legal advice. Consult Texas condominium counsel for your specific situation.