Examining HOA records is a good way for homeowners to know how their association is doing. That said, not all records are available for review. Board members must understand how to respond to records requests and which records may be withheld from owners.
Can Homeowners File HOA Records Requests in Texas?
There are two things that determine whether homeowners can review association records: state laws and the governing documents. In most states, owners have a right to review HOA records, including Texas.
According to Section 209.005 of the Texas Property Code, associations must make books and records reasonably available for owner inspection and copying. Similar provisions exist for condo associations under Section 82.1141 of the Texas Condominium Act.
What Documents Can I Request From My HOA in Texas?
Texas law does not specify which records owners may request to review. It uses broad language, saying owners may inspect “books and records” of the association. That said, these records typically include:
- Financial statements and ledgers
- Budgets and reserve records
- Meeting minutes
- Executed contracts with vendors
- Insurance policies
- Governing documents and amendments
- Bank statements and invoices
- Management agreements
Homeowners should check their governing documents for a more detailed list.
While Texas law isn’t specific about what records owners can examine, it is specific about what records the HOA may withhold from owners. The HOA does not have to release certain sensitive information, including:
- An owner’s violation history
- Payment history or financial records
- Personal contact information (except the address)
- Employee personnel records
The HOA can only release this information if the owner gives written permission or a court orders it.
How to Request HOA Records
To make a records request for homeowners associations, members must send a written request via certified mail. This request must clearly describe the records they wish to access and indicate whether they want to view them or receive copies.
Once the HOA receives the request, it must act quickly. The board has 10 business days to either schedule a time for the owner to inspect the records or provide copies of the requested documents.
If the association can’t meet the deadline, it must send a notice explaining the reason behind the delay and provide a new deadline. The new deadline can’t be more than 15 business days after the notice.
As mentioned, there are two options:
- Inspect the Records. If an owner chooses this option, the inspection must take place during normal business hours. Both parties must agree on the time. The owner can then identify which documents they want copied.
- Receive Copies of the Records. Owners may opt to obtain copies of the documents. The association may provide these records in paper copies, electronic format, or any other format the HOA reasonably uses.
Alternatives for Accessing HOA Records
Submitting a written request to the board or community manager is one option, but there are other ways to access association records, depending on the nature of the records.
- County Clerk’s Office. Associations must file their governing documents with the county’s real property records (Section 202.006). Owners may examine these records as they are a matter of public record.
- Secretary of State. Associations that organize as nonprofit corporations must file their articles of incorporation with the Secretary of State. Any other documents related to the corporation’s formation may also be accessed via the SoS website.
- Association Website. Associations with 60 or more lots or that are professionally managed must maintain a community website. Texas law requires this website to host the association’s governing documents (Section 207.006).
- Upon Purchase. Associations must supply buyers with a copy of the governing documents and the resale certificate (Section 207.003).
Are HOA Documents Public Record?
Not all of the association’s documents are public records (i.e., filed with the government). In Texas, HOAs must file their governing documents with the county clerk’s office. They must also file formation documents, including the articles of incorporation, with the Secretary of State.
That said, associations are not required to file other documents with the county, such as meeting minutes, financial reports, and the like. But that doesn’t mean these records are not open to owner inspection. They are HOA public records in the sense that they are available internally for viewing.
Can the Board Charge for Texas HOA Records Request?
Whether or not an association may charge a fee for records requests depends on state laws and the governing documents. In Texas, Section 209.005 allows associations to charge owners for the cost of producing records, including materials, labor, and overhead.
That said, there are limitations to this. The HOA must adopt and officially record a formal records policy that describes the costs. While the board may request payment in advance, charges may not exceed state-approved limits.
For advance payments, the association must either refund amounts based on too-high estimates or ask the owner to pay the balance based on too-low estimates after actually producing the records. If the owner doesn’t settle the balance, the board may add the amount to the owner’s account.
What to Do if the Board Denies an HOA Open Record Request
Sometimes, an owner might receive a denial for their request to examine HOA records. When this happens, they must follow the steps below.
1. Verify Requirements
Homeowners must confirm the requirements for requesting records according to state laws and the association’s governing documents. Make sure they followed all the procedures to the letter.
2. Talk to the Board or Manager
After verifying there are no mistakes, the owner should contact their HOA board or manager for clarification. They can cite the state law or the bylaws provision that supports their right to view the records.
At this point, the board or manager will then either comply with the request or provide a reason for the denial. If the reason is an error in the request, the owner should correct it and resubmit the request.
3. Seek Relief in a Justice Court
If the owner followed proper procedures and fulfilled all requirements, yet the board still refuses to supply the HOA records, the owner can file a case with the justice court. Section 209.005 of the Texas Property Code supports this right.
Before filing a petition, the homeowner must let the association know of the impending lawsuit and identify which records they wish to see. If the owner wins, the court may order the HOA to release the records, require the HOA to pay the owner’s legal fees, and allow the owner to deduct those costs from future dues.
On the other hand, if the HOA wins, the owner may have to pay the association’s legal fees. Lawsuits can be time-consuming and expensive, so they should be a last resort.
Supporting Owner Rights
Access to HOA records is a right homeowners have in Texas. Board members must understand the statutory requirements of supplying records and do their best to fulfill them. Otherwise, they can face not only legal action but also diminished trust.
PAMco offers exceptional HOA management services to communities in Central Texas. Call us today at 512-918-8100 or contact us online to learn more!
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