Associations must record and update a management certificate, and file it electronically with the Texas Real Estate Commission on time.
Sec. 82.116. MANAGEMENT CERTIFICATE. (a) An association shall record in each county in which any portion of the condominium is located a management certificate, signed and acknowledged by an officer of the association, stating: (1) the name of the condominium; (2) the name of the association; (3) the location of the condominium; (4) the recording data for the declaration and any amendments to the declaration; (5) the mailing address of the association; (6) the name, mailing address, telephone number, and e-mail address of any management company; (7) the website address of any Internet website on which the association's dedicatory instruments are available in accordance with Section 82.1142; (8) the amount and description of a fee or fees charged to a unit seller or buyer relating to a transfer of a property interest in a unit of the condominium; and (9) other information the association considers appropriate. (a-1) The county clerk of each county in which a management certificate is filed as required by this section shall record the management certificate in the real property records of the county and index the document as a "Condominium Association Management Certificate." (b) The association shall record an amended management certificate not later than the 30th day after the date the association has notice of a change in any information in a recorded certificate required by Subsection (a). (b-1) Not later than the seventh day after the date an association files a management certificate for recording under Subsection (a) or files an amended management certificate for recording under Subsection (b), the association shall electronically file the management certificate or amended management certificate with the Texas Real Estate Commission. The Texas Real Estate Commission shall only collect the management certificate and amended management certificate for the purpose of making the data accessible to the public through an Internet website. (c) Except as provided by Subsection (d), the association and its officers, directors, employees, and agents are not subject to liability to any person for delay or failure to record a management certificate with a county clerk's office or to electronically file the management certificate with the Texas Real Estate Commission, unless the delay or failure is wilful or caused by gross negligence. (d) A unit owner is not liable for attorney's fees incurred by an association relating to the collection of a delinquent assessment against the unit owner, or interest on the delinquent assessment, if the attorney's fees are incurred by the association or the interest accrues during the period a management certificate is not recorded with a county clerk or electronically filed with the Texas Real Estate Commission, as required by this section. 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. 6, eff. September 1, 2013. Acts 2025, 89th Leg., R.S., Ch. 10 (S.B. 711), Sec. 3, eff. September 1, 2025.