Texas Property Code

§ 82.119 — PROCEDURES FOR FILING SUIT OR INITIATING ARBITRATION PROCEEDINGS FOR DEFECT OR DESIGN CLAIMS FOR CERTAIN ASSOCIATIONS

PR § 82.119Title 7. CONDOMINIUMS · Ch. 82. UNIFORM CONDOMINIUM ACT · Art. C. CONDOMINIUM MANAGEMENT

Statute 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:

(1)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

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Legislative history

Added by Acts 2015, 84th Leg., R.S., Ch. 730 (H.B. 1455), Sec. 1, eff. September 1, 2015.