House Bill 1455 (84R) added two new sections to Chapter 82 of the Texas Property Code (the Texas Uniform Condominium Act).
Section 82.119 establishes procedures that must be following by a condominium associated prior to filing suit or initiating arbitration proceedings for claims associated with the construction or design of condominium common elements and/or condominium units. Section 82.119 only applies to claims brought by the condominium association and does not apply to claims brought by an individual owner. Prior to filing suit or initiating an arbitration proceeding, the condominium association must first obtain an independent inspection of the common elements and/or units that are subject to the claim.
