Texas statute reference · Tex. Prop. Code § 82.102
§ 82.102 - Powers of the Unit Owners' Association
Section 82.102 is the source of a Texas condominium board's authority. It enumerates 21 powers, conditions fines on a notice-and-hearing process, holds rules to a not-arbitrary standard, and sets out when the association may borrow against its future income.
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.
What boards need to know
The powers list is the default, subject to the declaration. Section 82.102(a) opens with “unless otherwise provided by the declaration” and then lists 21 powers the board may exercise, from adopting budgets and collecting assessments to regulating use and appearance, adopting rules, and exercising any power a comparable Texas corporation could exercise. Boards should read their declaration alongside this list, because the declaration can narrow it.
Fines carry a due-process predicate. Section 82.102(a)(12) allows reasonable fines only “if notice and an opportunity to be heard are given in accordance with Subsection (d).” Subsection (d) requires written notice describing the violation and proposed amount, a 30-day hearing-request right, and a reasonable cure period (with a 12-month repeat exception); subsection (e) requires notice of a levied fine within 30 days.
Rules must clear a substantive bar. Section 82.102(c) makes a bylaw or rule unenforceable if it is arbitrary or capricious - a meaningful constraint on the broad rulemaking powers in subsection (a), including the power to terminate utility service to a delinquent owner.
Borrowing has its own gate. Section 82.102(f) lets the board borrow and pledge future income and lien rights by resolution, but § 82.102(g) defers to any member-vote requirement in the dedicatory instruments and otherwise requires 67% approval.
Key requirements
Enumerated powers (default)
Tex. Prop. Code § 82.102(a)- Adopt bylaws and budgets; collect assessments
- Hire and terminate managing agents and employees
- Bring and defend litigation affecting the condominium
- Regulate use, appearance, and adopt rules
- Suspend voting or common-element use after 30 days delinquent
Limits on the powers
Tex. Prop. Code § 82.102(b), (c)- May not deal with the declarant more restrictively than others
- A bylaw or rule must not be arbitrary or capricious
Fine predicate
Tex. Prop. Code § 82.102(d), (e)- Written notice describing the violation and proposed amount
- 30-day hearing-request right
- Reasonable cure period (12-month repeat exception)
- Notice of a levied fine within 30 days
Borrowing and assignment
Tex. Prop. Code § 82.102(f), (g)- Board may borrow and assign future income and lien rights by resolution
- Defers to a member-vote requirement in the dedicatory instruments
- Absent a lower threshold, 67% owner approval required
Key statutory text
Selected subsections, reproduced verbatim from the Texas Property Code. Full text at statutes.capitol.texas.gov.
§ 82.102(c) - rules must not be arbitrary or capricious
To be enforceable, a bylaw or rule of the association must not be arbitrary or capricious.
§ 82.102(d) - notice before a fine or damage charge
Before an association may charge the unit owner for property damage for which the unit owner is liable or levy a fine for violation of the declaration, bylaws, or rules, the association shall give to the unit owner a written notice that: (1) describes the violation or property damage and states the amount of the proposed fine or damage charge; (2) states that not later than the 30th day after the date of the notice, the unit owner may request a hearing before the board to contest the fine or damage charge; and (3) allows the unit owner a reasonable time, by a specified date, to cure the violation and avoid the fine unless the unit owner was given notice and a reasonable opportunity to cure a similar violation within the preceding 12 months.
Common questions about § 82.102
- What powers does a Texas condominium association have under § 82.102?
- Section 82.102(a) gives the association, acting through its board and unless the declaration provides otherwise, 21 enumerated powers. They include adopting bylaws and budgets, collecting assessments, hiring and terminating managing agents and employees, bringing and defending litigation on matters affecting the condominium, making contracts, regulating use and appearance, adopting rules, imposing interest and late charges and (with notice and hearing) reasonable fines, suspending the voting privileges or common-element use of owners delinquent more than 30 days, and exercising any other power a like corporation may exercise in Texas.
- What must a Texas condo association do before levying a fine?
- Section 82.102(d) requires the association, before charging an owner for property damage or levying a fine, to give written notice that describes the violation or damage and the proposed amount, states that the owner may request a hearing before the board within 30 days of the notice, and allows a reasonable time to cure and avoid the fine - unless the owner was given notice and a reasonable opportunity to cure a similar violation within the preceding 12 months. Under § 82.102(e), the association must give notice of a levied fine within 30 days of the levy.
- Can a Texas condo association adopt any rule it wants under § 82.102?
- Section 82.102(c) provides that, to be enforceable, a bylaw or rule of the association must not be arbitrary or capricious. The rulemaking powers in § 82.102(a) - including rules on use, leasing, collection of delinquent assessments, and termination of utility service to delinquent owners - are subject to that standard and to the declaration.
- Can a Texas condo association borrow money or pledge assessments?
- Section 82.102(f) lets the board, by resolution, borrow money and assign as collateral the association's right to future income (including assessments) and its lien rights, except as provided by subsection (g). Section 82.102(g) provides that if a dedicatory instrument requires a member vote to borrow or assign income or lien rights, the loan or assignment must be approved as the instrument requires; absent a lower threshold, approval requires owners holding 67% of all voting interests.
- How does TUCA limit the declaration's power over dealings with the declarant?
- Section 82.102(b) provides that the declaration may not impose limitations on the association's power to deal with the declarant that are more restrictive than the limitations on the association's power to deal with other persons.
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This is not legal advice. Consult Texas condominium counsel for your specific situation.