MarieS4 (Texas)
Posts: 5
Posts: 5
Posted:
When did the law in Texas go in effect for HOA to file a Management Certificate. Is it a certain form for each state?
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Management Certificates
Started by MarieS4 • 13 replies • 2777 views
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LarryB13 (Arizona)
Posts: 4,099
Posts: 4,099
Posted:
I do not know about Texas but Arizona requires recording a notice with county recorder giving contact information about its management company. There is no form; you just create your own notice with the required information and record it.
The one I did for my association was something along the lines of this:
NOTICE
[Name of association], pursuant to [statute number], hereby gives notice that its management company is [name], located at [address] with telephone number of [phone].
Said Association was created pursuant to the Declaration of Covenants, Conditions, and Restrictions recorded in book xxxx, page yyyy, in the records of county zzzz.
[Signature]
[Typed name and title]
The one I did for my association was something along the lines of this:
NOTICE
[Name of association], pursuant to [statute number], hereby gives notice that its management company is [name], located at [address] with telephone number of [phone].
Said Association was created pursuant to the Declaration of Covenants, Conditions, and Restrictions recorded in book xxxx, page yyyy, in the records of county zzzz.
[Signature]
[Typed name and title]
GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
Quote:
Posted By MarieS4 on 07/29/2014 2:54 PM
When did the law in Texas go in effect for HOA to file a Management Certificate. Is it a certain form for each state?
When did the law in Texas go in effect for HOA to file a Management Certificate. Is it a certain form for each state?
Jan. 1, 2002 - I don't know about other states but Texas requires specific information which is spelled out in the law.
http://www.statutes.legis.state.tx.us/SOTWDocs/PR/htm/PR.209.htm
Studies show that 5 out of 4 people have problems with fractions
MarieS4 (Texas)
Posts: 5
Posts: 5
Posted:
Glen.. please ignore my lack of knowledge I am new at this... But does financial records mean the Treasurer's reports only or does mean the check book and register, bank statements and all receipts.
GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
Amin.. I mean Marie I think you got this post confused with your other one but I suggest you visit: http://www.statutes.legis.state.tx.us/SOTWDocs/PR/htm/PR.209.htm and scroll down to Sec. 209.005. ASSOCIATION RECORDS.
As to what records the HOA are required to produce, I would suggest you check with the HOA's attorney to make sure you are in compliance.
As to what records the HOA are required to produce, I would suggest you check with the HOA's attorney to make sure you are in compliance.
Studies show that 5 out of 4 people have problems with fractions
MarieS4 (Texas)
Posts: 5
Posts: 5
Posted:
yes I know I have reading it since your first post 
it does not define records .
Thanks
it does not define records .
Thanks
GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
Well as I said, I'm not an attorney but my lay interpretation is that as long as you're willing to pay then except for the limitations of section (d) & section (k) any record should be made available if it exists. Section (l) provides a was to access the records described in (k) and (m) lists the length of time the records must be retained.
Studies show that 5 out of 4 people have problems with fractions
TomW14 (Texas)
Posts: 10
Posts: 10
Posted:
The Management certificate is a simple one page document that was required to be filed by the state. We typed our own and filed it with the county. There are several other documents that also need to be filed.
BillH10 (Texas)
Posts: 1,217
Posts: 1,217
Posted:
Marie, what is your role in this? If you are an employee of a management company, your employer should know how to file a Management Certificate in Texas. If you have some role in the HOA and you have a management company, they should take care of this for you.
If you are part of an HOA which does not have a management company, simply Google: Management Certificate Texas. The information below will come up. There is no need to file financial documents with the management certificate. Depending on the form of your association, you may be required to file an Annual No Tax Due Information Report with the Texas State Comptroller, that filing does ask for minimal financial information. You can search on the website for the Texas State Comptroller for the Annual No Tax Due Information Report. The association is required to file an income tax return.
§ 82.116. MANAGEMENT CERTIFICATE. (a) An association
shall record in each county in which any portion of the condominium
is located a certificate, signed and acknowledged by an officer of
the association, stating:
(1) the name of the condominium;
(2) the name of the association;
(3) the location of the condominium;
(4) the recording data for the declaration;
(5) the mailing address of the association, or the
name and mailing address of the person or entity managing the
association; and
(6) other information the association considers
appropriate.
(b) The association shall record a management certificate
not later than the 30th day after the date the association has
notice of a change in any information in a recorded certificate
required by Subdivisions (a)(1)-(5).
(c) The association and its officers, directors, employees,
and agents are not subject to liability to any person for delay or
failure to record a management certificate, unless the delay or
failure is wilful or caused by gross negligence.
If you are part of an HOA which does not have a management company, simply Google: Management Certificate Texas. The information below will come up. There is no need to file financial documents with the management certificate. Depending on the form of your association, you may be required to file an Annual No Tax Due Information Report with the Texas State Comptroller, that filing does ask for minimal financial information. You can search on the website for the Texas State Comptroller for the Annual No Tax Due Information Report. The association is required to file an income tax return.
§ 82.116. MANAGEMENT CERTIFICATE. (a) An association
shall record in each county in which any portion of the condominium
is located a certificate, signed and acknowledged by an officer of
the association, stating:
(1) the name of the condominium;
(2) the name of the association;
(3) the location of the condominium;
(4) the recording data for the declaration;
(5) the mailing address of the association, or the
name and mailing address of the person or entity managing the
association; and
(6) other information the association considers
appropriate.
(b) The association shall record a management certificate
not later than the 30th day after the date the association has
notice of a change in any information in a recorded certificate
required by Subdivisions (a)(1)-(5).
(c) The association and its officers, directors, employees,
and agents are not subject to liability to any person for delay or
failure to record a management certificate, unless the delay or
failure is wilful or caused by gross negligence.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By BillH10 on 07/30/2014 3:22 PM
Marie, what is your role in this? If you are an employee of a management company, your employer should know how to file a Management Certificate in Texas. If you have some role in the HOA and you have a management company, they should take care of this for you.
If you are part of an HOA which does not have a management company, simply Google: Management Certificate Texas. The information below will come up. There is no need to file financial documents with the management certificate. Depending on the form of your association, you may be required to file an Annual No Tax Due Information Report with the Texas State Comptroller, that filing does ask for minimal financial information. You can search on the website for the Texas State Comptroller for the Annual No Tax Due Information Report. The association is required to file an income tax return.
§ 82.116. MANAGEMENT CERTIFICATE. (a) An association
shall record in each county in which any portion of the condominium
is located a certificate, signed and acknowledged by an officer of
the association, stating:
(1) the name of the condominium;
(2) the name of the association;
(3) the location of the condominium;
(4) the recording data for the declaration;
(5) the mailing address of the association, or the
name and mailing address of the person or entity managing the
association; and
(6) other information the association considers
appropriate.
(b) The association shall record a management certificate
not later than the 30th day after the date the association has
notice of a change in any information in a recorded certificate
required by Subdivisions (a)(1)-(5).
(c) The association and its officers, directors, employees,
and agents are not subject to liability to any person for delay or
failure to record a management certificate, unless the delay or
failure is wilful or caused by gross negligence.
Marie, what is your role in this? If you are an employee of a management company, your employer should know how to file a Management Certificate in Texas. If you have some role in the HOA and you have a management company, they should take care of this for you.
If you are part of an HOA which does not have a management company, simply Google: Management Certificate Texas. The information below will come up. There is no need to file financial documents with the management certificate. Depending on the form of your association, you may be required to file an Annual No Tax Due Information Report with the Texas State Comptroller, that filing does ask for minimal financial information. You can search on the website for the Texas State Comptroller for the Annual No Tax Due Information Report. The association is required to file an income tax return.
§ 82.116. MANAGEMENT CERTIFICATE. (a) An association
shall record in each county in which any portion of the condominium
is located a certificate, signed and acknowledged by an officer of
the association, stating:
(1) the name of the condominium;
(2) the name of the association;
(3) the location of the condominium;
(4) the recording data for the declaration;
(5) the mailing address of the association, or the
name and mailing address of the person or entity managing the
association; and
(6) other information the association considers
appropriate.
(b) The association shall record a management certificate
not later than the 30th day after the date the association has
notice of a change in any information in a recorded certificate
required by Subdivisions (a)(1)-(5).
(c) The association and its officers, directors, employees,
and agents are not subject to liability to any person for delay or
failure to record a management certificate, unless the delay or
failure is wilful or caused by gross negligence.
Bill
Basically the Management Certificate is simply a name and address of the person managing the association. It is by no means a Certificate of Qualifications/Abilities, etc. so probably not what many want and/or are looking for.
I assume a homeless drunk could have a Texas Management Certificate............LOL
LarryB13 (Arizona)
Posts: 4,099
Posts: 4,099
Posted:
Quote:
Posted By JohnC46 on 07/30/2014 4:51 PM
Basically the Management Certificate is simply a name and address of the person managing the association. It is by no means a Certificate of Qualifications/Abilities, etc. so probably not what many want and/or are looking for.
Basically the Management Certificate is simply a name and address of the person managing the association. It is by no means a Certificate of Qualifications/Abilities, etc. so probably not what many want and/or are looking for.
The OP asked specifically about the Management Certificate required by Texas law. Bill quoted the statute, which states precisely what the State of Texas wants to see. Where did this business about "a Certificate of Qualifications/Abilities, etc." come from? If the state wanted something along that line it would have asked for it.
The reason behind asking HOA's to record this information is so that when a unit is sold within an HOA the realtor, attorney, lender, and/or title company know who to contact for the information they need.
TomW14 (Texas)
Posts: 10
Posts: 10
Posted:
The management certificate needs to filed with the county even if you are not a third party "managed" HOA. reference Section 209.004:
a) A property owners' association shall record in each county in which any portion of the residential subdivision is located a management certificate, signed and acknowledged by an officer or the managing agent of the association, stating:
(1)
the name of the subdivision;
(2)
the name of the association;
(3)
the recording data for the subdivision;
(4)
the recording data for the declaration;
(5)
the name and mailing address of the association;
(6)
the name and mailing address of the person managing the association or the association's designated representative; and
(7)
other information the association considers appropriate.
a) A property owners' association shall record in each county in which any portion of the residential subdivision is located a management certificate, signed and acknowledged by an officer or the managing agent of the association, stating:
(1)
the name of the subdivision;
(2)
the name of the association;
(3)
the recording data for the subdivision;
(4)
the recording data for the declaration;
(5)
the name and mailing address of the association;
(6)
the name and mailing address of the person managing the association or the association's designated representative; and
(7)
other information the association considers appropriate.
RobP1 (Texas)
Posts: 1
Posts: 1
Posted:
I know all HOA's were required to update their management certificate by January,1 2014. So what happens if they did not? Or possibly never had one on file? Is the HOA then void, abs doing business illegally? We have a very important meeting this Sunday, and I'd love to be able to say "cease and desist. Your doing business illegally"! Someone please help new Figure this out!
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Rob,
I am not an attorney and I do not work in the legal profession.
If you read the statute Glen provided a link to, you will see that the statute simply states that failure to file a certificate holds certain parties not liable to other parties.
The business of the Association can and should continue to occur.
As far as making any claim that a person or business is operating illegally, you should first obtain a legal opinion from a local attorney. Otherwise, you could be held accountable for defamation.
I am not an attorney and I do not work in the legal profession.
If you read the statute Glen provided a link to, you will see that the statute simply states that failure to file a certificate holds certain parties not liable to other parties.
The business of the Association can and should continue to occur.
As far as making any claim that a person or business is operating illegally, you should first obtain a legal opinion from a local attorney. Otherwise, you could be held accountable for defamation.
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