Texas Condo Reserve and Maintenance Duties Under Property Code Chapter 82
Texas condo association maintenance responsibility starts with one rule: the association maintains, repairs and replaces the common elements, and each owner handles their own unit, unless the declaration says otherwise ( Tex. Prop. Code 82.107). Owners also pay by default for windows and doors that serve only their unit, and for utility equipment that serves only their unit. On reserves, Chapter 82 lets a board budget for them and requires them to be disclosed at resale, but it doesn't require a reserve study or set a minimum balance.
That's the short version. The rest of this guide covers where those lines get blurry on real buildings, what records your board has to keep, and how the rules shape your next balcony, structural or painting project.
Which Condos Chapter 82 Covers
Chapter 82 is the Texas Uniform Condominium Act. It applies in full to condominiums whose declaration was recorded on or after January 1, 1994 ( 82.002(a)).
Older condos are different. A pre-1994 condo can opt in to the whole chapter by amending its declaration. If it hasn't, only a listed set of sections applies, including insurance (82.111), association records (82.114) and resale certificates (82.157) ( 82.002(c)).
The upkeep section, 82.107, isn't on that list. So if your building's declaration was recorded before 1994 and never opted in, your declaration does most of the work on who maintains what. Have your attorney confirm which regime you're under before you rely on anything below.
Texas Condo Association Maintenance Responsibility: The Default Split
Here's how Chapter 82 divides repair duties when the declaration is silent. Your declaration can change most of these defaults, so treat this as the starting point, not the final answer.
| Component | Who's responsible by default | Statute |
|---|---|---|
| Common elements (roof, structure, exterior walls, shared stairs and walkways) | Association | 82.107(a) |
| The unit itself | Unit owner | 82.107(a) |
| Windows and doors serving only one unit | Unit owner pays | 82.107(c) |
| Utility equipment serving only one unit (HVAC, water heater, wiring, plumbing), even if it sits outside the unit | Unit owner pays | 82.107(b) |
| Limited common elements, like an assigned balcony or patio | Cost shared by all units, like a general common element | 82.112(d) |
| Damage caused by an owner's negligence or misconduct | That owner | 82.117 |
Balconies are where most disputes start
A "limited common element" is part of the common elements set aside for the exclusive use of one or more units, but not all of them ( 82.003(a)(17)). Many balconies fall into this category.
The surprise for a lot of owners is the cost rule. Unless the declaration or 82.107 says otherwise, the cost to maintain, repair or replace a limited common element is assessed against all units as if it were a general common element ( 82.112(d)). So a balcony only one owner can use may still be a shared expense.
Whether your balconies are part of the unit, a limited common element or a general common element depends on your declaration and its recorded plats and plans. Check those documents before you scope any balcony work. It decides who signs the contract and who pays.
Charging an owner for damage
If an owner (or their tenant, guest or contractor) damages the building through negligence, Chapter 82 makes that owner responsible ( 82.117). But the association can't just send a bill.
Before charging an owner for property damage, the association has to give written notice that describes the damage, states the amount, and tells the owner they have until the 30th day after the notice to request a board hearing ( 82.102(d)).
Access through units
Owners have to give the association reasonable access through their unit for maintenance and repair. If the work damages a unit that access was taken through, whoever is responsible for the damage has to repair it promptly ( 82.107(a)).
Unless the declaration says otherwise, the association can also enter a unit after giving notice to the owner and occupant to do repairs that, if skipped, could lead to more water damage to parts of the building the association maintains ( 82.107(d)). That matters for leak tracing behind siding and at balcony connections.
Reserves: What Texas Requires and What It Doesn't
Chapter 82 gives the board power to adopt budgets "for revenues, expenditures, and reserves" and collect assessments ( 82.102(a)(2)). "Common expenses" includes any allocations to reserves ( 82.003(a)(7)).
Here's what the chapter does set:
- An annual budget. After the first assessment, assessments must be made at least once a year based on a budget adopted at least once a year ( 82.112(a)).
- No raiding reserves during developer control. Reserves can't pay operating expenses until declarant control ends ( 82.112(a)).
- Long-term saving is allowed. A declaration may allow reserves to build up for an unspecified period for any anticipated expense ( 82.112(f)).
- Disclosure at resale. The resale certificate must show capital expenditures the association has approved for the next 12 months and the amount of reserves for capital expenditures, including any set aside for a specific project ( 82.157(a)(4)-(5)).
What it doesn't set is a reserve study requirement, a funding percentage or a minimum balance. We didn't find any of those in the sections that govern budgets, assessments or resale.
That makes the resale certificate the real pressure point. A deferred balcony or siding project shows up there as approved capital spending, low reserves, or both. Our earlier guide on who pays for the roof in a Texas condominium walks through how insurance deductibles and reserves play out on a roof claim.
Borrowing for a large project
If reserves won't cover a major repair, the board can borrow by resolution and pledge future assessment income as collateral ( 82.102(f)). If your dedicatory instruments require an owner vote to borrow and don't set a lower threshold, approval takes owners holding 67 percent of all voting interests ( 82.102(g)).
Records Your Board Has to Keep and Share
Condo records are governed by Chapter 82, not Chapter 209. Chapter 209 (the Texas Residential Property Owners Protection Act) says plainly that it doesn't apply to a condominium as defined in Chapter 81 or 82 ( 209.003(d)).
Under 82.114, the association must keep detailed financial records, minutes of association and board meetings, and the plans and specifications used to build the condominium (except for buildings originally built before January 1, 1994). It must also get an independent audit every year as a common expense and make copies available to owners.
Section 82.1141 controls owner access:
| Rule | Detail |
|---|---|
| How owners ask | Written request by certified mail to the address on the latest management certificate |
| Response deadline | On or before the 10th business day after receipt |
| If you need more time | Written notice by the 10th business day, with a delivery date no later than the 15th business day after that notice |
| Retention (8+ units) | Financial records 7 years; meeting minutes 7 years; contracts with a term of a year or more kept 4 years after they end; governing documents permanently |
Two newer duties came from SB 711, effective September 1, 2025 ( SB 711 enrolled text). Condos with at least 60 units, or any condo that uses a management company, must post their current recorded dedicatory instruments on a website owners can access (82.1142). Associations must also file their management certificate electronically with the Texas Real Estate Commission within seven days of recording it (82.116(b-1)). The same bill capped resale certificate fees at $375 (82.157(f)).
What This Means for Your Next Exterior Project
The statute shapes almost every step of a balcony, structural, siding or painting project. Here's how to use it.
Before you scope
Pull the declaration, plats and plans first. They decide whether balcony decks, railings and windows are association work, owner work or shared cost. A scope written on the wrong assumption creates billing fights later.
Then sort the work into three buckets: association items (structure, exterior walls, common stairs and walkways), owner items (windows, doors and single-unit equipment, per 82.107(b)-(c)), and limited common elements, which follow 82.112(d) unless your declaration changes it.
Before you bid
The board has clear authority to hire contractors, make contracts and regulate repair and replacement of the condominium ( 82.102(a)(3), (5), (6)). Your declaration or bylaws may add spending limits or vote requirements, so check them.
On a Dallas-area building, ask bidders how they'd confirm what's failing under the surface before pricing. For structural repairs in Dallas, that often means an engineer's assessment of connections and supports, not just visible cracks.
Before work starts
Send access notices early. Owners must allow reasonable access (82.107(a)), and water-damage repairs inside units require notice to both owner and occupant (82.107(d)). Keep the signed contract in your files for at least four years after it ends if it runs a year or longer (82.1141(l)).
If the problem looks like a construction defect
For associations with eight or more units, Texas sets steps that must happen before the association sues or starts arbitration over a design or construction claim ( 82.119):
- Get an inspection and written report from an independent licensed professional engineer.
- Give each party subject to the claim written notice at least 10 days before the inspection.
- Give the report to every owner and each party, and allow those parties at least 90 days to inspect and correct the conditions.
- Get approval from owners holding more than 50 percent of the total votes at a properly called meeting.
That timeline matters for repairs. If your board might pursue a claim, talk to your attorney before you rebuild failed balconies or walls, because the engineer's report has to describe current conditions and any repairs already done.
Don't forget the city
Local building codes still apply to condos ( 82.006). In Dallas, a condominium association has to register with the city every year ( Dallas City Code 27-30(b)), and the city's minimum property standards cover balconies, railings, stairs and roofs. Our Dallas team page covers the local services we offer.
Quick pre-project checklist
- Confirm whether your condo is under Chapter 82 in full (declaration recorded on or after January 1, 1994, or opted in).
- Read the declaration's maintenance section and the plats for balconies, windows and doors.
- Decide which items are association, owner or limited common element costs.
- Check reserves against the scope, and note any approved spending for the resale certificate.
- Confirm board authority and any vote or spending limits in your bylaws.
- Plan access notices for work through or inside units.
- Ask your attorney whether a defect claim is possible before demolition.
This article is general information, not legal advice. Your board should confirm how these rules apply to your community with your association attorney.
Frequently Asked Questions
What is a Texas condo association's maintenance responsibility?
By default, the association maintains, repairs and replaces the common elements, and each owner handles their own unit ( 82.107(a)). Owners also pay for windows, doors and utility equipment that serve only their unit. Your declaration can change any of these defaults, so check it first.
Who pays for balcony repairs in a Texas condo?
It depends on how your declaration classifies the balcony. If it's a limited common element, Chapter 82 assesses the cost against all units like any general common element, unless the declaration says otherwise ( 82.112(d)). If an owner caused the damage through negligence, the association can charge that owner after giving proper notice.
Does Texas require condo associations to do a reserve study?
Chapter 82 doesn't require a reserve study or a minimum reserve balance. It lets the board budget for reserves and requires the reserve amount and approved capital spending to appear on resale certificates ( 82.157). Many boards still use one to plan big exterior projects.
Does Chapter 209 apply to Texas condominiums?
No. Chapter 209 says it doesn't apply to a condominium under Chapter 81 or 82 ( 209.003(d)). Condo records access, retention and other governance rules come from Chapter 82 instead.
How long does a Texas condo association have to produce records?
The association has to respond by the 10th business day after it receives a proper written request ( 82.1141(d)). If it can't, it must send notice by that day with a delivery date no later than the 15th business day after the notice.
Do windows count as common elements in a Texas condo?
Windows may sit in common-element walls, but Chapter 82 makes owners responsible for the cost of maintaining, repairing and replacing windows and doors that serve only their unit, unless the declaration says otherwise ( 82.107(c)). That's worth sorting out before a building-wide window or siding project.
If your board is planning exterior work, EmpireWorks can assess the building and help you separate association and owner scope before you bid. Learn more about our balcony repair in Dallas or our wider Texas reconstruction services.
Sources
- Tex. Prop. Code Ch. 82, Uniform Condominium Act (sections 82.002, 82.003, 82.006, 82.102, 82.107, 82.111, 82.112, 82.114, 82.1141, 82.117, 82.119, 82.157): https://statutes.capitol.texas.gov/Docs/PR/htm/PR.82.htm
- Tex. Prop. Code 209.003, Applicability of Chapter 209: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm#209.003
- SB 711 (89th Legislature, 2025), enrolled text: https://capitol.texas.gov/tlodocs/89R/billtext/html/SB00711F.HTM
- Dallas City Code Sec. 27-30, registration and posting requirements: https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-146162
