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
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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).
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Reference only. Not legal advice. Verify current text at the official state legislature website before citing. Printed from Common Elements (September 12, 2026).