What Does the Texas Property Code Tell us About HOA Records Requests
Section 209.005 of the Texas Property Code pertains to the availability of records maintained by property owners’ associations. This section applies to all property owners’ associations, with the exception of those that are subject to Chapter 552 of the Government Code. Under this section, property owners’ associations are required to make their books and records, including financial records, open to and reasonably available for examination by owners or their designated representatives. This includes the right of owners to obtain copies of information contained in these records.
In order to request access to or copies of association records, an owner or their authorized representative must submit a written request by certified mail, with sufficient detail describing the requested records. The request must also include an election to either inspect the records before obtaining copies or to have the association forward copies of the requested records. If an inspection is requested, the association must provide written notice of dates and times during normal business hours that the records will be available for inspection. If copies of identified records are requested, the association must produce them for the requesting party within 10 business days of receiving the request.
If the association is unable to produce the requested records within 10 business days, it must provide written notice to the requestor stating the date by which the records will be made available. If an inspection is requested or required, it must take place at a mutually agreed upon time during normal business hours, and the requesting party must identify the records they wish to have copied. The association may charge a reasonable fee for copies of records, but may not charge a fee for the inspection of records.
This provision ensures that owners have the right to access and obtain copies of association records, while also allowing the association to charge a reasonable fee for copies
If you are a Texas HOA and receive a records request from an owner within your community, reach out to the attorneys at Manning & Meyers and we would be happy to assist.