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I have a condominium that has a flooring issue. We are on…

I have a condominium that...
I have a condominium that has a flooring issue. We are on the second floor of the complex and the sub-flooring is failing. The plywood subflooring that attaches to the joists has deteriorated and failed in several areas of the unit. This has caused the light weight concrete to crack and create soft spots in the flooring. I understand that I am responsible for carpet, tile etc. but the complex says I am also responsible for the structural components which does not sound correct. I was under the impression that under TEXAS UNIFORM CONDOMINIUM ACT any subflooring issues, including joists, subflooring and light weight concrete is the issue of the association. Carpeting, padding and finished flooring was that of the tenant.I did find this in the code. Sec. 82.052. UNIT BOUNDARIES. Except as otherwise provided by the declaration or plat:
(1) if walls, floors, or ceilings are designated as boundaries of a unit, then all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting part of the finished surfaces are a part of the unit, and all other portions of the walls, floors, or ceilings are a part of the common elements;If this is correct can you supply me with court cases that I may show the board?
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Answered in 19 minutes by:
11/14/2017
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 124,235
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What do your declarations say about common elements?

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Customer reply replied 6 months ago
trying to find now. are they usually filed with the county or the sec of state?

The declarations should be with the county deed records and secretary of state.

You need to know what the common elements are defined as, because typically a subfloor is part of common elements and liability of the Association to repair, replace or maintain. Unless your declarations say otherwise, the subfloor is a common element though and subject to be paid for by the Association. See: Canyon Vista Property Owners Association, Inc. v. Gerald H. Laubach, 03-11-00404-CV (Tex. App. 2014).

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Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 124,235
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
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Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.

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