Texas Condo Laws: Who Repairs What

Governing law

State law sets the defaults. Your declaration (sometimes called the master deed or CC&Rs) usually fills in the details, and it often moves specific items between the owner and the association. Read both together.

Who maintains what

Under Section 82.107, unless the declaration says otherwise, the association maintains, repairs, and replaces the common elements, and each owner maintains, repairs, and replaces their own unit. Owners also pay for utility equipment that serves only their unit, even if part of it sits outside the unit. This includes water heaters and heating and air conditioning equipment. Owners also pay for windows and doors serving only their unit. Owners must allow reasonable access through their unit. Note that Section 82.107 is not on the list of sections that apply to pre-1994 condos, so older buildings rely more on their declarations.

For a component-by-component breakdown, see who pays for what and limited common elements.

Unit boundaries

Section 82.052 sets defaults when the declaration or plat is silent. If walls, floors, or ceilings are the boundaries, the finished surfaces (drywall, paint, tile, finished flooring) are part of the unit, and everything behind them is common elements. A duct, pipe, or wire serving only one unit is a limited common element of that unit. Balconies, patios, exterior doors, and windows serving one unit but outside its boundaries are limited common elements of that unit.

Boundaries decide most repair disputes, from plumbing leaks to windows. Our unit boundaries guide explains how to read them.

Key provisions

• Default repair split: association handles common elements, owners handle their units, utility equipment serving only their unit, and their own windows and doors (Sec. 82.107).
• Default boundaries put finished wall, floor, and ceiling surfaces inside the unit (Sec. 82.052).
• Owners pay for damage caused by their own negligence or that of their occupants, guests, or contractors (Sec. 82.117).
• Association and board meetings must be open to owners, with limited executive session topics (Sec. 82.108).
• Resale certificates must be furnished within 10 days of a written request, for a fee of no more than $375 (Sec. 82.157, as amended in 2025).
• Condo associations with at least 60 units, or that use a management company, must post their recorded governing documents on a website (Sec. 82.1142, added in 2025).

Reserve studies

Thin reserves often turn into special assessments. See reserve study red flags for what to look for.

What is different in Texas

Insurance and deductibles

Section 82.111 requires the association, to the extent reasonably available, to carry property insurance on the common elements for at least 80 percent of replacement cost or actual cash value, plus general liability insurance. If units have horizontal boundaries (stacked units), the property policy must also cover the units, but not owner improvements and betterments. If repair costs are below the deductible, whoever would be responsible without insurance pays. If costs exceed the deductible, the declaration decides who pays the deductible. If it is silent, a recorded board resolution decides, and otherwise it is a common expense. Owners who cause damage can be charged the deductible.

Related: HOA insurance deductibles and master policy vs HO-6.

Buying or selling a Texas condo

Under Section 82.157, before signing a contract or closing, a selling owner must give the buyer the declaration, bylaws, rules, and a resale certificate issued by the association within the last three months. The certificate covers the budget and balance sheet, assessments owed, reserves, approved capital expenditures, lawsuits and judgments, insurance, known code violations, any right of first refusal, and transfer fees. The association must provide it within 10 days of a written request. Under Section 82.156, a buyer who did not receive these documents before signing may cancel within five days after receiving them, with a full refund.

Frequently Asked Questions

Who pays to replace the AC unit or water heater in a Texas condo?

Unless the declaration says otherwise, the owner does. Section 82.107(b) makes each owner responsible for maintaining, repairing, and replacing utility equipment that serves only their unit, including water heaters and heating and air conditioning equipment, even if part of it sits outside the unit, such as a rooftop condenser. This default applies to condos created on or after January 1, 1994, so check your declaration first.

Who pays the insurance deductible for a condo leak in Texas?

If the repair costs less than the deductible, the party responsible for that repair without insurance pays. If it costs more, Section 82.111(k) says the declaration decides. If the declaration is silent, the board decides by recorded resolution, and if there is no resolution it is a common expense. If an owner or their guest caused the damage, the association may charge that owner the deductible.

What is in a Texas condo resale certificate?

Section 82.157 requires the certificate to include the operating budget and balance sheet, the regular assessment and any unpaid amounts, approved capital expenditures for the next 12 months, the amount of reserves, lawsuits and judgments, insurance for owners, known code violations, any right of first refusal, the managing agent, and all transfer fees. It must be prepared within three months before delivery.

Can I cancel a Texas condo purchase if I did not get the resale certificate?

Yes, in many cases. Under Section 82.156, if you did not receive the resale certificate before signing the contract, you can cancel before the sixth day after you receive it (or sign a waiver, whichever comes first). You must hand-deliver or send written notice by certified mail. Cancellation is without penalty, and payments must be refunded. The same applies if you did not receive the declaration, bylaws, and rules.