Texas - Requesting Minutes from the Board

Started by BjK • 3 replies • 1494 views

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BjK (Texas)
Posts: 2

Posted:

Last Fall, 2011 I requested that a copy of the monthly minutes be emailed to me.
I was told they would have to check with the Associations attorney, because then
they would have to "snail" mail them to everyone and the cost would be prohibitive.
I continued to ask several times this past year without success. I was told that
I was the only one that ever requested them and they are posted in a specified area
in our park. Until just before our Annual Meeting this past Saturday, the minutes
had not been posted there since October 2011. When questioned, it was always because
the person with the key to the box was out of town.

On the 10th of September, I mailed a formal request to the Board for a copy of the
minutes and the last budget, balance sheet and financial statement of the Association.
The request was very specific and stated the Sections of the Texas Business Organizations
Code.

My question is: What if they do not respond? What would be my next step?

TimB4 (Tennessee)
Posts: 21,059

Posted:

BJ,

I'm of the expectation that you are in an HOA and not a condominium. As you know,
Sec. 209.005 of the TEXAS RESIDENTIAL PROPERTY OWNERS PROTECTION ACT governs your right to have copies of the information.

Have you read this act? Per the act your request must have been sent via certified mail. Per this act, the board has 10 days to produce the documents and may charge you a fee for the copies.

If you sent the request via certified mail, then you have proof that you made the request. With this proof, and per the law, you may then petition the court to order the Association to provide you with copies.

However, I have another suggestion. Since the Associations response was that the documents were not posted because the person with the key was on vacation, perhaps you could volunteer your time to post the minutes. This would ensure that you have access to the documents and you could make sure, by posting them, that the membership has access.

Tim

BjK (Texas)
Posts: 2

Posted:

Thanks Tim,

I have attached a copy of the letter that I sent, with the info blacked out,
so you can see what I sent. I believe I met the criteria, except I sent it
Priority Mail with Proof of Delivery.

I did recommend that there should be another key. In my opinion, that is
certainly an obvious solution and for nearly a year? Certainly another Board
Member could have had an extra key made in that amount of time.

I have also recommended a website for our community and was told that the attorney
for the association has said, "absolutely not", it exposes the board to too much
liability. I'm not an expert, but there is security and it could be password
protected. Am I off base?

Again, thanks for your response.

BjK

PS I was unable to attach the letter, it tells me exceed max size.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By BjK on 09/17/2012 12:40 PM

I have also recommended a website for our community and was told that the attorney
for the association has said, "absolutely not", it exposes the board to too much
liability. I'm not an expert, but there is security and it could be password
protected. Am I off base?

Nope, not off base. If the site is limited to providing the governing documents and copies of the minutes, there shouldn't be any issue. Perhaps you can offer to administer the site for them.

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