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Texas condo law, the resale certificate and the resale contract

The Association Papers to Read Before Buying at 2727 Kirby

Updated November 2026

What should I read from the association before I trade my house for a condo at 2727 Kirby?

As of November 2026, read the association's resale certificate with its budget, plus the declaration, bylaws and rules, before you commit to a condo at 2727 Kirby.

Paige Martin, Houston Properties Team, 2727 Kirby

Source: Texas State Law Library guide to property owners' associations, October 2026.

Which Texas law and which TREC contract govern a resale at 2727 Kirby?

The Texas State Law Library's guide says condominium associations are governed by the Texas Uniform Condominium Act, Chapter 82 of the Texas Property Code. The condominium instrument for 2727 Kirby Drive was filed with the Harris County Clerk on 7 May 2009.

For the purchase itself, the Texas Real Estate Commission says its condominium form is used for the resale of a condominium unit. TREC adds that the form carries provisions relating solely to condominium transactions.

Those provisions cover delivery of the declaration, bylaws and rules, and of the resale certificate. In the box for a buyer who has not yet received them, the seller delivers within days the parties write in.

After each delivery, that buyer may terminate by written notice within seven days of receiving it. A full-service agent confirms the form fits, fills those blanks and lines the deadlines up with the option period.

What does the resale certificate show about the 2727 Kirby association?

The Texas State Law Library's guide describes the certificate as a summary of the association's money and of what the property owes. At 2727 Kirby, the association prepares it on the selling owner's written request.

The condominium statute asks for more detail. The certificate states the periodic assessment on the home, anything the seller has left unpaid, and capital spending approved for the next twelve months.

It also states the reserves and any part set aside for a named project, the nature of pending suits, the insurance carried for owners, and every transfer fee. The operating budget and a balance sheet come attached.

The association has ten days after receiving the owner's written request to furnish it. The State Law Library's guide says preparing these records can cost up to $375, and TREC's condominium contract puts that cost on the seller.

One line repays a slow read. A buyer who relies on a properly executed certificate is not liable for delinquent amounts beyond the unpaid total it states on the date it was prepared.

The certificate summarizes the association's financial status, fee structures, and any unpaid debts owed by the property in question, among other information.
Texas State Law Library guide to property owners' associations, October 2026.

What do the budget, the assessment history and the minutes add?

The building's MLS record lists the fee as covering a concierge, valet parking, an on-site guard and courtesy patrol, a porter, common-area insurance, water, sewer, gas, cable and internet.

That field is updated when a listing is written. The association's current budget is the version that shows what the fee pays for today.

Assessments here rest on a budget the association adopts at least annually, so the monthly figure is a yearly decision. A special assessment follows when the budget and reserves fall short of a repair.

This building gives the minutes a specific job. Curtainwall Design Consulting records the guardrail and podium cladding work as completed in 2013, with all issues rectified in 2014.

Whether that work was paid from reserves, a special assessment or litigation recovery sits in the assessment history and the board minutes, not in any published figure.

The right to request those records belongs to a unit owner, or to someone the owner names in a signed writing. A buyer reaches them through the seller, so raise the request before an offer.

Which recorded documents settle the unit and its parking?

The declaration and its plats describe the boundaries of every unit the declaration creates. The architects split the homes into residences and estates, the estates having an elevator that opens into the unit, without saying which homes are which.

The Harris County Clerk's index shows the 2009 condominium instrument under file number 20090193056, and a supplement filed on 4 May 2012 under file number 20120196965.

An amendment recorded in August 2021 is indexed as the tenth amendment to the declaration, concerning the reallocation of parking spaces. The index lists amendments without saying what each one changed.

So the spaces tied to one home come from reading the chain in order, declaration first, while the option period still carries its unrestricted right to terminate.

The bylaws and the rules come from the seller with the declaration. Move-in days, elevator reservations and contractor hours sit at rules level.

Who can read the 2727 Kirby association file with you?

Paige Martin of Real Broker, LLC has 18 closings at 2727 Kirby, most recently April 2026. She specializes in condo purchases and purchases in an association-governed building.

Bring the plan and floor you are weighing to the first conversation. Ask which document each answer came from, then read that provision yourself.

Questions & answers

2727 Kirby questions, answered

Could the older Texas Condominium Act apply to the association at 2727 Kirby?

The Texas State Law Library says associations established before 1994 may be governed by the older Texas Condominium Act, Chapter 81 of the Texas Property Code. The guide's word is may, so a date is a signal rather than a ruling. The 2727 Kirby condominium instrument was filed in May 2009. Read the recorded declaration itself to confirm which act it was written under.

Settling the regime first tells you which statute the resale certificate and the cancellation rights are read against. The Harris County Clerk's index lists the 2009 instrument and the 2012 supplement by file number, and anyone can search it at no cost. A full-service agent pulls those instruments before an offer is drafted. Where the regime is unclear on the face of the documents, that question goes to a Texas real estate lawyer before anything is signed.

Is there a case where TREC's condominium resale contract is the wrong form?

Yes. The Texas Real Estate Commission says its condominium resale contract form is not for use where the seller owns fee simple title to the land beneath the unit. Outside that case, TREC describes the form as the one for reselling a condominium unit, with terms that apply only to condominium sales. The recorded declaration describes the boundaries of each unit, so start there.

Where the seller also holds title to land beneath the unit, the license holder writing the offer chooses a different form. TREC cautions that mistakes in the use of a form may result in financial loss or a contract which is unenforceable. A full-service agent catches a mismatch before the offer goes out. At that stage, fixing it costs a redraft rather than a dispute.

Where do I find the pet policy and the guest suite rules at 2727 Kirby?

In the association's rules, which the seller furnishes with the declaration and bylaws before a contract is executed. Pets, deposits and reservations are rules-level matters, and no public source carries them for this building. Guest suites appear on some portal pages without appearing in the architects' published account, so ask the association whether they exist today and how booking works.

The building's MLS record lists a pet run and a pet washing station among what the fee covers. That field is updated when a listing is written, so treat it as an indication rather than the rule. Rules change by board decision, and the board's minutes record when. Once you own, an association of at least 60 units, or one with a management company, must post its recorded dedicatory instruments on a website open to members. Before closing, the rules reach you through the seller.

Which papers tell me what the association expects when my unit sits unoccupied for months?

The declaration, bylaws and rules, read with the association's insurance policy. Texas leaves most rules to the association itself, so any provision on absence lives in those documents. The statute sets one duty: within 30 days of acquiring the unit, report to the association anyone occupying it other than you, and anyone managing it as your agent.

Insurance is the other half. In a stacked tower the association's property policy must include the units, but it need not cover improvements an owner installed. Whether it treats an unoccupied unit differently sits in its exclusions and conditions, so ask for the policy itself with its deductible. The assessment keeps running while you are away, secured by a lien on the unit. Arrange payment so it does not depend on mail reaching the unit. Report any change in who holds the keys on the same 30-day footing.

How do I fit reading the association papers around selling my house?

Have the seller send the written certificate request early, because the association's clock starts when it receives that request. If your purchase depends on the house selling and closing, ask whoever writes the offer how its terms will carry that condition. Then set the document deadlines and the house closing date on one calendar.

The house runs on TREC's One to Four Family Residential Contract (Resale), and the unit on the condominium resale contract, so two sets of deadlines run at once. As of November 2026 the median home here took 40 days to go under contract, so the search usually outlasts the paperwork. Selling first removes that condition but opens a gap between the two closings. A full-service agent sets the certificate request, the option period and the house closing against one another before either contract is signed.

What if the resale certificate is more than three months old when I sign?

A condominium certificate must have been prepared no more than three months before the buyer receives it. If the one in the seller's file is older, the seller orders a fresh one. Under TREC's condominium contract that is again the seller's expense, and the association may charge for the new certificate within the same $375 ceiling.

With a median of 40 days to contract at 2727 Kirby as of November 2026, a certificate pulled at listing can age out before a buyer appears. As a buyer, check the preparation date the day the certificate arrives. An old one describes the assessment, the reserves and the unpaid amounts as they stood months earlier. Ask for the replacement promptly, since your seven-day termination window counts from the day you receive the certificate.

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Providing excellent service, Houston Properties helped us buy and sell a Houston Heights home we owned for 13 years. Paige Martin helped us find the home and helped us sell it.
Peter H., Google review, Houston Properties Team, 11 April 2024

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