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House Bill 1455 |
House Author: King, Phil et al. |
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Effective: 9-1-15 |
Senate Sponsor: Creighton et al. |
House Bill 1455 amends the Property Code to require a condominium association with eight or more units to obtain an inspection and a written independent third-party report from a licensed professional engineer and receive approval from unit owners holding more than 50 percent of the total allocated votes at a properly called association meeting before the association files suit or initiates an arbitration proceeding to resolve a claim pertaining to the construction or design of a unit or the common elements. The declaration that created a condominium may contain provisions that would require binding arbitration for claims of construction or design defects and provide a process by which the claim is resolved. An amendment to the declaration that modifies or removes the arbitration requirement or the resolution process may not apply retroactively to a claim that occurred before the date of the amendment.