Tex. Prop. Code § 82.102

(a) Unless otherwise provided by the declaration, the association, acting through its board, may: (1) adopt and amend bylaws; (2) adopt and amend budgets for revenues, expenditures, and reserves, and collect assessments for common expenses from unit owners; (3) hire and terminate managing agents and other employees, agents, and independent contractors; (4) institute, defend, intervene in, settle, or compromise litigation or administrative proceedings in its own name on behalf of itself or two or more unit owners on matters affecting the condominium; (5) make contracts and incur liabilities relating to the operation of the condominium; (6) regulate the use, maintenance, repair, replacement, modification, and appearance of the condominium; (7) adopt and amend rules regulating the use, occupancy, leasing or sale, maintenance, repair, modification, and appearance of units and common elements, to the extent the regulated actions affect common elements or other units; (8) cause additional improvements to be made as a part of the common elements; (9) acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property, except common elements of the condominium; (10) grant easements, leases, licenses, and concessions through or over the common elements; (11) impose and receive payments, fees, or charges for the use, rental, or operation of the common elements and for services provided to unit owners; (12) impose interest and late charges for late payments of assessments, returned check charges, and, if notice and an opportunity to be heard are given in accordance with Subsection (d), reasonable fines for violations of the declaration, bylaws, and rules of the association; (13) adopt and amend rules regulating the collection of delinquent assessments and the application of payments; (14) adopt and amend rules regulating the termination of utility service to a unit, the owner of which is delinquent in the payment of an assessment that is used, in whole or in part, to pay the cost of that utility; (15) impose reasonable charges for preparing, recording, or copying declaration amendments, resale certificates, or statements of unpaid assessments; (16) enter a unit for bona fide emergency purposes when conditions present an imminent risk of harm or damage to the common elements, another unit, or the occupants; (17) suspend the voting privileges of or the use of certain general common elements by an owner delinquent for more than 30 days in the payment of assessments; (18) purchase insurance and fidelity bonds it considers appropriate or necessary; (19) exercise any other powers conferred by the declaration or bylaws; (20) exercise any other powers that may be exercised in this state by a corporation of the same type as the association; and (21) exercise any other powers necessary and proper for the government and operation of the association. (b) The declaration may not impose limitations on the power of the association to deal with the declarant that are more restrictive than the limitations imposed on the power of the association to deal with other persons. (c) To be enforceable, a bylaw or rule of the association must not be arbitrary or capricious. (d) Before an association may charge the unit owner for property damage for which the unit owner is liable or levy a fine for violation of the declaration, bylaws, or rules, the association shall give to the unit owner a written notice that: (1) describes the violation or property damage and states the amount of the proposed fine or damage charge; (2) states that not later than the 30th day after the date of the notice, the unit owner may request a hearing before the board to contest the fine or damage charge; and (3) allows the unit owner a reasonable time, by a specified date, to cure the violation and avoid the fine unless the unit owner was given notice and a reasonable opportunity to cure a similar violation within the preceding 12 months. (e) The association may give a copy of the notice required by Subsection (d) to an occupant of the unit. The association must give notice of a levied fine or damage charge to the unit owner not later than the 30th day after the date of levy. (f) Except as provided by Subsection (g), the association by resolution of the board of directors may: (1) borrow money; and (2) assign as collateral for the loan authorized by the resolution: (A) the association’s right to future income, including the right to receive assessments; and (B) the association’s lien rights. (g) If a dedicatory instrument requires a vote of members of the association to borrow money or assign the association’s right to future income or the association’s lien rights, the loan or assignment must be approved as provided by the dedicatory instrument. The board may determine whether a vote for that purpose may be cast electronically, by absentee ballot, in person or by proxy at a meeting called for that purpose, or by written consent. If a lower approval threshold is not provided by the dedicatory instrument, approval requires the consent of owners holding 67 percent of all voting interests. Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 678 (H.B. 2075 ), Sec. 3, eff. September 1, 2013. Source: Section 82.102 — Powers of Unit Owners' Association , https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­82.­htm#82.­102 (accessed May 26, 2025). 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 Up to date Verified: May 26, 2025 § 82.102. Powers of Unit Owners' Ass’n's source at texas​.gov Stay Connected Join thousands of people who receive monthly site updates. Subscribe Get Legal Help The State Bar of Texas runs a service for finding an attorney in good standing. Initial consultations are usually free or discounted: Lawyer Referral & Information Service (LRIS) Committed to Public Service We will always provide free access to the current law. In addition, we provide special support for non-profit, educational, and government users. Through social entre­pre­neurship, we’re lowering the cost of legal services and increasing citizen access. Navigate Find a Lawyer Blog About Us API Contact Us Reports Secondary Sources Privacy Policy California: Codes Colorado: C.R.S. Florida: Statutes Nevada: NRS New York: Laws Oregon: OAR , ORS Texas: Statutes World: Rome Statute , International Dictionary Location: https://texas.public.law/statutes/tex._prop._code_section_82.102 Original Source: Section 82.102 — Powers of Unit Owners' Association , https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­82.­htm#82.­102 (last ac­cessed May 10, 2025). Blank Outline Levels × The legislature occasionally skips outline levels. For example: (3) A person may apply [...] (4)(a) A person petitioning for relief [...] In this example, (3) , (4) , and (4)(a) are all outline levels, but (4) was omitted by its authors. It's only implied. This presents an interesting challenge when laying out the text. We've decided to display a blank section with this note, in order to aide readability. Trust but verify. Here is the original source for section 82.102 Do you have an opinion about this solution? Drop us a line. Close