Condominium Associations Must Adopt a Records Production and Copying Policy- 2021 Legislative Update

n 2011, the Texas Legislative Session created Section 209.005 of the Texas Property Code which required residential subdivisions to adopt a Records Production and Copying Policy. That same requirement now applies to condominium associations through the creation of Section 82.1141 of the Texas Property Code.  Each condominium association, irrespective of size, must adopt a Records Production and Copying Policy.[1] This policy sets for the processes and procedures by which a unit owner or their designated representative may request inspection or copying of documents from the condominium Association.  Condominium associations will be allowed to require pre-payment for the cost of compilation and copying of these records, not to exceed the costs as outlined under Rule 70.3 of the Texas Administrative Code.  Section 82.1141 also sets for remedies for an owner should a condominium association fail to comply with a duly tendered records request.  A Records Production and Copying Policy is a dedicatory instrument that must be filed in the real property records of the county in which the condominium association is located.  The document must be filed by September 1, 2021.

[1] Texas Property Code § 82.1141(h)

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