Mandatory Actions for Condominium Associations- 2021 Legislative Session Analysis

Manning & Meyers

The 2021 Texas Legislative Session brought about numerous changes to Texas Property Owners’ Association Law.  The changes to the law include both mandatory and permissive actions that residential subdivisions, condominium associations, and townhome communities must make to their daily operations.  What follows is a summary and analysis of those changes made during the 2021 Legislative Session as well as a breakdown  Mandatory actions condominium associations must make so as to be compliant with the new laws.  Should you have any questions, please feel free to reach out to Manning & Meyers and we will be happy to assist you in your compliance efforts.

  1. Mandatory Actions for Condominium Associations

 

  • Filing of Dedicatory Instruments in Real Property Records– Ensure that all dedicatory instruments are filed in the real property records in each county where the association is located.[1] Dedicatory instruments are each governing instrument covering the establishment, maintenance, and operation of an association.  They include restrictive covenants, bylaws, rules and regulations, and any amendments thereto. [2]

 

  • Adoption and Compliance with a Records Production & Copying Policy– Adopt a Records Production and Copying Policy that sets for the processes and procedures for an owner or their designated agent to request copies of records from the association.[3]

 

  • Adoption and Compliance with a Document Retention Policy– An association comprised of eight units or more must adopt a Document Retention Policy. This policy sets for what documents have to be retained by the association as well as the length of time they must be retained.[4]

[1] Texas Property Code § 202.026

[2] Texas Property Code § 202.001 (1); Texas Property Code § 82.003(a)(11-a)

[3] Texas Property Code § 82.1141(h)

[4] Texas Property Code § 82.1141(l)

 

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