Tex. Prop. Code § 82.119

Procedures for Filing Suit or Initiating Arbitration Proceedings for Defect or Design Claims for Certain Associations

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Statutory text

(a) This section does not apply to an association with less than eight units. (b) In addition to any preconditions to filing suit or initiating an arbitration proceeding included in the declaration, an association, before filing suit or initiating an arbitration proceeding to resolve a claim pertaining to the construction or design of a unit or the common elements, must:

obtain an inspection and a written independent third-party report from a licensed professional engineer that: (A) identifies the specific units or common elements subject to the claim; (B) describes the present physical condition of the units or common elements subject to the claim; and (C) describes any modifications, maintenance, or repairs to the units or common elements performed by the unit owners or the association; and

obtain approval from unit owners holding more than 50 percent of the total votes allocated under the declaration, voting in person or by proxy as provided by Section 82.110 (Voting and Proxies) , at a regular, annual, or special meeting called in accordance with the declaration or bylaws, as applicable. (c) The association must provide written notice of the inspection to be conducted by the engineer to each party subject to a claim not later than the 10th day before the date the inspection occurs. The notice must:

identify the party engaged to prepare the report required by Subsection (b)(1);

identify the specific units or common elements to be inspected; and

include the date and time the inspection will occur. (d) Each party subject to a claim may attend the inspection conducted by the engineer, either personally or through an agent. (e) Before providing the notice of the meeting under Subsection (f), an association must:

on completion of the independent third-party report, provide the report to each unit owner and each party subject to a claim; and

allow each party subject to a claim at least 90 days after the date of completion of the report to inspect and correct any condition identified in the report. (f) Not later than the 30th day before the date the meeting described by Subsection (b)

is held, the association must provide each unit owner with written notice of the date, time, and location of the meeting. The notice must also include:

a description of the nature of the claim, the relief sought, the anticipated duration of prosecuting the claim, and the likelihood of success;

a copy of the report required by Subsection (b)(1);

a copy of the contract or proposed contract between the association and the attorney selected by the board to assert or provide assistance with the claim;

a description of the attorney’s fees, consultant fees, expert witness fees, and court costs, whether incurred by the association directly or for which the association may be liable as a result of prosecuting the claim;

a summary of the steps previously taken by the association to resolve the claim;

a statement that initiating a lawsuit or arbitration proceeding to resolve a claim may affect the market value, marketability, or refinancing of a unit while the claim is prosecuted; and

a description of the manner in which the association proposes to fund the cost of prosecuting the claim. (g) The notice required by Subsection (f) must be prepared and signed by a person who is not:

the attorney who represents or will represent the association in the claim;

a member of the law firm of the attorney who represents or will represent the association in the claim; or

employed by or otherwise affiliated with the law firm of the attorney who represents or will represent the association in the claim. (h) The period of limitations for filing a suit or initiating an arbitration proceeding for a claim described by Subsection (b) is tolled until the first anniversary of the date the procedures are initiated by the association under that subsection if the procedures are initiated during the final year of the applicable period of limitation. Added by Acts 2015, 84th Leg., R.S., Ch. 730 (H.B. 1455 ), Sec. 1, eff. September 1, 2015. Source: Section 82.119 — Procedures for Filing Suit or Initiating Arbitration Proceedings for Defect or Design Claims for Certain Associations , https://statutes.capitol.texas.gov/Docs/PR/htm/PR.82.htm#82.119 (accessed May 26, 2025). 82.001 Short Title 82.002 Applicability 82.003 Definitions 82.004 Variation by Agreement 82.005 Separate Titles and Taxation 82.006 Applicability of Local Ordinances, Regulations, and Building Codes 82.007 Condemnation 82.008 Venue 82.051 Creation of Condominium 82.052 Unit Boundaries 82.053 Construction and Validity of Declaration and Bylaws 82.054 Description of Units 82.055 Contents of Declaration for All Condominiums 82.056 Leasehold Condominiums 82.057 Allocation of Common Element Interests, Votes, and Common Expense Liabilities 82.058 Limited Common Elements 82.059 Plats and Plans 82.060 Exercise of Development Right 82.061 Alterations of Units 82.062 Relocation of Boundaries Between Adjoining Units 82.063 Subdivision of Units 82.064 Easement for Encroachments 82.065 Use for Sales Purposes 82.066 Easement Rights 82.067 Amendment of Declaration 82.068 Termination of Condominium 82.069 Rights of Secured Lenders 82.070 Meeting at Which Amendments May Be Adopted 82.101 Organization of Unit Owners’ Association 82.102 Powers of Unit Owners’ Association 82.103 Board Members and Officers 82.104 Transfer of Special Declarant Rights 82.105 Termination of Contracts and Leases of Declarant 82.106 Bylaws 82.107 Upkeep of Condominium 82.108 Meetings 82.109 Quorums 82.110 Voting and Proxies 82.111 Insurance 82.112 Assessments for Common Expenses 82.113 Association’s Lien for Assessments 82.114 Association Records 82.115 Association as Trustee 82.116 Management Certificate 82.117 Obligations of Unit Owners 82.118 Service of Process on Unit Owners in Certain Municipalities 82.119 Procedures for Filing Suit or Initiating Arbitration Proceedings for Defect or Design Claims for Certain Associations 82.120 Binding Arbitration for Certain Claims 82.121 Possession of Firearm or Firearm Ammunition on Condominium Property 82.151 Applicability 82.152 Liability for Condominium Information Statement 82.153 Condominium Information Statements in General 82.154 Condominiums with Conversion Buildings 82.155 Condominium Securities 82.156 Purchaser’s Right to Cancel 82.157 Resale of Unit 82.158 Escrow of Deposits 82.159 Release of Liens 82.160 Conversion Buildings 82.161 Effect of Violations on Rights of Action and Attorney’s Fees 82.162 Labeling of Promotional Material 82.163 Declarant’s Obligation to Complete and Restore 82.164 Loans as Eligible Investments 82.0675 Restriction Relating to Club Membership 82.1141 Access to Association Records Up to date Verified: May 26, 2025 § 82.119. Procedures for Filing Suit or Initiating Arbitration Proceedings for Defect or Design Claims for Certain Associations's source at texas.gov Stay Connected Join thousands of people who receive monthly site updates. Subscribe Get Legal Help The State Bar of Texas runs a service for finding an attorney in good standing. Initial consultations are usually free or discounted: Lawyer Referral & Information Service (LRIS) Committed to Public Service We will always provide free access to the current law. In addition, we provide special support for non-profit, educational, and government users. Through social entrepreneurship, we’re lowering the cost of legal services and increasing citizen access. Navigate Find a Lawyer Blog About Us API Contact Us Reports Secondary Sources Privacy Policy California: Codes Colorado: C.R.S. Florida: Statutes Nevada: NRS New York: Laws Oregon: OAR , ORS Texas: Statutes World: Rome Statute , International Dictionary Location: https://texas.public.law/statutes/tex._prop._code_section_82.119 Original Source: Section 82.119 — Procedures for Filing Suit or Initiating Arbitration Proceedings for Defect or Design Claims for Certain Associations , https://statutes.capitol.texas.gov/Docs/PR/htm/PR.82.htm#82.119 (last accessed May 10, 2025). Blank Outline Levels × The legislature occasionally skips outline levels. For example:

A person may apply [...] (4)(a) A person petitioning for relief [...] In this example,

, and (4)(a) are all outline levels, but

was omitted by its authors. It's only implied. This presents an interesting challenge when laying out the text. We've decided to display a blank section with this note, in order to aide readability. Trust but verify. Here is the original source for section 82.119 Do you have an opinion about this solution? Drop us a line. Close

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