Condo columnist Jon Anderson, like Bob Odenkirk of ‘Better Call Saul,’ is not a real lawyer. But he can read, so there’s that.
Let me caveat this by saying that, unlike a woman discussed in last week’s post, I’m not a lawyer nor do I play one on TV. That said, I can read.
Texas condominium associations formed after January 1, 1994 are governed by the Texas Uniform Condominium Act (TUCA) which falls under Chapter 82 of the Texas Property Code. Originally proposed in 1980, TUCA was trapped in the state legislature for 13 years. It replaced the old Chapter 81 Texas Condominium Act (TCA) dating back to the legalization of condos in Texas in 1963.
TUCA is a more encompassing document than the old TCA. While associations prior to 1994 are not subject to TUCA (unless they vote to be), there are 14 TUCA provisions that all Texas UCA condos must also adhere to.
The reason it’s been TCA/TUCA and not UCA is “Texas.” There is a second-generation “model” Uniform Condominium Act dating back to 1980 written by the National Conference of Commissioners on Uniform State Laws. Texas couldn’t leave well enough alone and fiddled with an estimated one-third of the new statutes. Some good, some really bad.
Overall, TUCA is an encompassing (long) document covering all facets of the creation, operation and dissolution of condominium properties. The bad news for many condo dwellers is that their HOA board members have either never read it or willfully ignore key parts of it.