58Ce.Common.Elements

Texas budget guide

Budget packet checklist for Texas boards

Texas does not require you to send owners the proposed budget. Sending it anyway, with a page that explains what moved, is the cheapest thing a Texas board can do to make the adoption meeting uneventful.

Statute text and section summaries reproduced from the Texas Property Code as published by the Texas Legislature; editorial summaries by the Common Elements editorial team. Not legal advice; not a substitute for Texas counsel.

What to circulate, and why you should

The Property Code sets no proposed-budget mailing requirement for Texas associations; your declaration and bylaws may. Check them first, because a document requirement is binding whether or not the code has one.

Beyond that, circulate the proposed budget, a one-page summary of what changed and why with the largest driver first, the line-by-line budget with the prior year actual alongside, the per-unit assessment in both billing-period and monthly terms, the reserve contribution and the study behind it, and the meeting date, time, location, and agenda.

This is not a compliance exercise. It is the difference between a room that arrives informed and a room that arrives surprised, and Texas boards have more freedom than most to choose which one they get.

The working file, assembled as you go

Vendor-level general ledger detail, contract copies with renewal dates and escalation terms, insurance submissions and quotes with the replacement cost valuation behind the § 82.111(a) coverage floor, the reserve study and its funding plan alternatives, three years of collection history, and workshop minutes.

Assemble it as you go, because budget season generates records requests. Under § 209.005(c) and (d) the books and records including financial records are open to owners, who may designate an agent, attorney, or certified public accountant in writing, and that right applies notwithstanding a contrary dedicatory instrument.

Under § 209.005(e) a written request sent by certified mail to the address on the current management certificate starts a ten business day clock to provide inspection dates or copies, and § 209.005(f) requires written notice setting a date by the fifteenth business day if the association cannot meet the first. Section 209.005(i) requires a recorded production and copying cost policy before charging anything, and charges may not exceed the rates in 1 T.A.C. § 70.3.

Adoption, and the record you leave behind

Give whatever meeting notice the dedicatory instruments require. Present the changes, take questions, then move to adopt. Record the vote and the substance of the discussion in the minutes.

Record the budget calendar itself as a board policy the first time you adopt one. That single artifact does more for continuity in a Texas association than any other document the board produces in budget season, because it survives turnover in a way that habit does not.

Under § 82.112(a) the assessment has to rest on a budget adopted at least annually, so the minutes recording the adoption are the evidence that the assessment is properly grounded.

After the vote

Publish the new rate and the date it starts. Update coupon books, payment instructions, and autopay authorizations before the first billing period, or owners on automatic payments will underpay through no fault of their own.

Refresh the resale certificate inputs. Under § 82.157(a) the certificate states the current operating budget, the periodic assessment, unpaid common expenses or special assessments, reserves, and capital expenditures approved for the next twelve months, and § 82.157(b) gives the association ten days from a written request to furnish it.

If the manager, the association's address, or a transfer fee changed as part of budget season, record an amended management certificate within thirty days of notice of the change and file it electronically with the state within seven days of recording, under § 209.004(b) and (b-1).

Checklist

  • Check the declaration and bylaws for a notice requirement

    The Property Code sets none for the budget; your documents may, and they bind.

  • Proposed budget circulated in advance

    Recommended practice rather than statute. It is the cheapest way to avoid an adversarial meeting.

  • One-page summary of what changed and why

    Largest driver first, in dollars per unit per month.

  • Line-by-line budget with prior-year actual alongside

    Owners engage with components and argue with totals.

  • Reserve contribution and the study behind it

    State the funding method chosen, since Texas does not choose one for you.

  • Replacement cost valuation on file

    The § 82.111(a) property coverage floor is 80 percent of replacement cost.

  • Working file assembled and indexed

    § 209.005(e) gives 10 business days to produce records once a written request lands.

  • Recorded production and copying cost policy

    Required under § 209.005(i) before charging for records, and capped at 1 T.A.C. § 70.3 rates.

  • Budget calendar adopted as a board policy

    The artifact that survives board and manager turnover in a state with no statutory calendar.

  • Post-adoption: resale certificate inputs refreshed

    § 82.157(a) contents, furnished within 10 days of a written request under § 82.157(b).

Tools that do this arithmetic

Questions boards ask

Does a Texas association have to mail the proposed budget to owners?

Not under the Property Code. Texas has no analogue to the Florida fourteen-day proposed budget mailing. Your declaration or bylaws may impose a notice requirement, and if they do it binds. Circulating the proposed budget in advance anyway is recommended practice.

What records do owners have a right to see during budget season?

Under § 209.005(c) and (d), the association's books and records, including financial records, are open to owners, who may designate an agent, attorney, or certified public accountant in writing. The right applies notwithstanding a contrary dedicatory instrument, though attorney files and privileged communications are excluded.

How long do we have to respond to a records request?

Ten business days from a written request sent by certified mail to the address on the current management certificate, to provide inspection dates or copies, under § 209.005(e). If the association cannot meet that, § 209.005(f) requires written notice setting a date by the fifteenth business day. Business day excludes weekends and state or federal holidays.

Can we charge owners for copies of the budget file?

Only if the association has a recorded production and copying cost policy in place first, under § 209.005(i), and the charges may not exceed the rates set in 1 T.A.C. § 70.3.

Citations behind this guide

Every statutory statement above traces to one of these sections. Follow the link to read the section reference.

Compare notes with other Texas boards before you adopt

Common Elements is where boards and managers compare vendors, run RFPs, and ask each other what a number should look like. Free to join, no credit card.

Not a law firm. Not legal advice

Summaries and search results are educational aids for board members, managers, and owners. They do not create an attorney-client relationship. For liens, elections, recalls, or enforcement, consult a Texas attorney familiar with community associations and verify the current official text.

Keep reading

The same question in another state

Budget rules are state law. If your community is not in Texas, start here instead.