Tex. Prop. Code Section 82.112
Assessments for Common Expenses

(a)

Until an association makes a common expense assessment, a declarant shall pay all the expenses of the condominium as the expenses accrue. After an initial assessment by an association, assessments must be made at least annually and must be based on a budget adopted at least annually by the association. The association’s reserves and the unit owners’ working capital contributions may not be used to pay operational expenses until the declarant control terminates.

(b)

From the date of the initial assessment until declarant control terminates, or three years from a declarant’s first conveyance of a unit, whichever is earlier, the declarant shall periodically pay to the association:

(1)

an amount equal to all operational expenses of the association, less the operational expense portion of the assessments paid by unit owners other than declarant; or

(2)

the common expense liability allocated to each unit owned by the declarant.

(c)

Common expenses shall be assessed against all units conveyed, rented, or used as models or offices by the declarant and against all units owned by a declarant after termination of a declarant’s control or three years from a declarant’s first conveyance of a unit, whichever is earlier, in accordance with the common expense liability allocated to each unit. A past due assessment or installment of an assessment may bear interest at a lawful rate established by the association.

(d)

Except as provided by the declaration and Section 82.107 (Upkeep of Condominium), a common expense for the maintenance, repair, or replacement of a limited common element shall be assessed against all the units as if it were for a general common element.

(e)

If common expense liabilities are reallocated, common expense assessments and an assessment installment not yet due shall be recomputed in accordance with the reallocated common expense liabilities.

(f)

A declaration may allow the accumulation of reserve funds for an unspecified period to provide for any anticipated expense of the condominium.

(g)

This section does not prevent a declarant from collecting from a purchaser at closing the prorated amount of any expenses, such as insurance or taxes, that the declarant has prepaid to the association or directly to others on behalf of the unit that is being purchased.
Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994.

Source: Section 82.112 — Assessments for Common Expenses, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­82.­htm#82.­112 (accessed Apr. 20, 2024).

82.001
Short Title 82.002
Applicability 82.003
Definitions 82.004
Variation by Agreement 82.005
Separate Titles and Taxation 82.006
Applicability of Local Ordinances, Regulations, and Building Codes 82.007
Condemnation 82.008
Venue 82.051
Creation of Condominium 82.052
Unit Boundaries 82.053
Construction and Validity of Declaration and Bylaws 82.054
Description of Units 82.055
Contents of Declaration for All Condominiums 82.056
Leasehold Condominiums 82.057
Allocation of Common Element Interests, Votes, and Common Expense Liabilities 82.058
Limited Common Elements 82.059
Plats and Plans 82.060
Exercise of Development Right 82.061
Alterations of Units 82.062
Relocation of Boundaries Between Adjoining Units 82.063
Subdivision of Units 82.064
Easement for Encroachments 82.065
Use for Sales Purposes 82.066
Easement Rights 82.067
Amendment of Declaration 82.068
Termination of Condominium 82.069
Rights of Secured Lenders 82.070
Meeting at Which Amendments May Be Adopted 82.101
Organization of Unit Owners’ Association 82.102
Powers of Unit Owners’ Association 82.103
Board Members and Officers 82.104
Transfer of Special Declarant Rights 82.105
Termination of Contracts and Leases of Declarant 82.106
Bylaws 82.107
Upkeep of Condominium 82.108
Meetings 82.109
Quorums 82.110
Voting and Proxies 82.111
Insurance 82.112
Assessments for Common Expenses 82.113
Association’s Lien for Assessments 82.114
Association Records 82.115
Association as Trustee 82.116
Management Certificate 82.117
Obligations of Unit Owners 82.118
Service of Process on Unit Owners in Certain Municipalities 82.119
Procedures for Filing Suit or Initiating Arbitration Proceedings for Defect or Design Claims for Certain Associations 82.120
Binding Arbitration for Certain Claims 82.121
Possession of Firearm or Firearm Ammunition on Condominium Property 82.151
Applicability 82.152
Liability for Condominium Information Statement 82.153
Condominium Information Statements in General 82.154
Condominiums with Conversion Buildings 82.155
Condominium Securities 82.156
Purchaser’s Right to Cancel 82.157
Resale of Unit 82.158
Escrow of Deposits 82.159
Release of Liens 82.160
Conversion Buildings 82.161
Effect of Violations on Rights of Action and Attorney’s Fees 82.162
Labeling of Promotional Material 82.163
Declarant’s Obligation to Complete and Restore 82.164
Loans as Eligible Investments 82.0675
Restriction Relating to Club Membership 82.1141
Access to Association Records
Green check means up to date. Up to date

Accessed:
Apr. 20, 2024

§ 82.112’s source at texas​.gov