Tex. Prop. Code § 82.103

(a) Except as provided by the declaration, bylaws, or this chapter, the board shall act in all instances on behalf of the association if in the good-faith judgment of the board the action is reasonable. Each officer or member of the board is liable as a fiduciary of the unit owners for the officer’s or member’s acts or omissions. All acts of the association must be by and through the board unless otherwise provided by the declaration or bylaws or by law. (b) The board may not act on behalf of the association to amend the declaration except as permitted by this chapter, to terminate the condominium, to elect members of the board, or to determine the qualifications, powers and duties, or terms of office of board members. The board may fill a vacancy in its membership for the unexpired portion of a term. (c) Subject to Subsection (d), the declaration may provide for a period of declarant control of the association during which a declarant, or persons designated by the declarant, may appoint and remove the officers and members of the board. Regardless of the period provided by the declaration, a period of declarant control terminates not later than the 120th day after conveyance of 75 percent of the units that may be created to unit owners other than a declarant. Transfer of special declarant rights does not terminate the period of declarant control. A declarant may voluntarily surrender the right to appoint and remove officers and members of the board before termination of the period, but in that event the declarant may require, for the duration of the period that the declarant would otherwise control, that specified actions of the association or board be approved by the declarant before they become effective. (d) Not later than the 120th day after conveyance of 50 percent of the units that may be created to unit owners other than a declarant, not less than one-third of the members of the board must be elected by unit owners other than the declarant. (e) Not later than the termination of a period of declarant control, the unit owners shall elect a board of at least three members who need not be unit owners. The board shall elect the officers before the 31st day after the date declarant control terminates. The persons elected shall take office on election. (f) An officer or director of the association is not liable to the association or any unit owner for monetary damages for an act or omission occurring in the person’s capacity as an officer or director unless: (1) the officer or director breached a fiduciary duty to the association or a unit owner; (2) the officer or director received an improper benefit; or (3) the act or omission was in bad faith, involved intentional misconduct, or was one for which liability is expressly provided by statute. (g) Subsection (f) does not diminish a limitation of liability provided an officer or director of the association by the declaration, bylaws, articles of incorporation of the association, or other laws. Added by Acts 1993, 73rd Leg., ch. 244, Sec. 1, eff. Jan. 1, 1994. Source: Section 82.103 — Board Members and Officers , https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­82.­htm#82.­103 (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 § 82.103. 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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_82.103 Original Source: Section 82.103 — Board Members and Officers , https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­82.­htm#82.­103 (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 82.103 Do you have an opinion about this solution? Drop us a line. Close