Texas member rights to view emails

We have a board member (out of 3) that is not only doing their best to obstruct significant projects but outright lying to membership. Sadly our other two board members are afraid to call her out. My current mission is to get enough votes to replace her spot on the board. In any event I have inside information and know for a fact emails exist between the board members and our management company which totally expose the lies which beg the question:

If I send a formal request (certified return receipt mail) to the management company requesting emails related to our major project are they required to produce them for me?

Our management company is very professional and they too understand the situation. I am on very good terms with them as well as the other two board members. I want to make it look like I'm forcing the issue.... you know... politics. I can then use meeting minutes and the documentation to conclusively prove the other board members is outright lying and evading questions. When they say things like "things changed" and "no comment" and open board meetings that's not a good thing. SMH.

Thank you Nigel. I do reside in Harris County which is apparently a good thing. :-)

Nigel, the Texas Public Information Act applies to "governmental bodies." If one reads the definition of "governmental body" at http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.552.htm , I think one will conclude that the Act does not cover HOAs. This is common nationwide. "Sunshine laws" such as this Texas statute tend not to apply to HOAs.

I have made HOA records requests of difficult, incompetent boards. I think I went through the case law pretty thoroughly on what records I was and was not allowed to have and what I could publicize. One new thing I learned was that emails between board members may very well be privileged. A leading case on this is http://caselaw.findlaw.com/de-court-of-chancery/1438736.html . This case pertains to a for-profit corporation but I believe the principles are the same. While it's possible the law might support a HOA member in obtaining emails, the law may very well say that the emails may not be publicly disclosed. The HOA would be in its rights to have the member sign a non-disclosure agreement.

Maybe more importantly, it seems to me that emails are a source for "he said-she said" disputes, silly "gotcha,s" splitting hairs over intentions and what the 'real meaning' of a person is, and other much ado, even if there truly is lawbreaking going on. I try to stick with the official Minutes and votes recorded in same; financial records; and the law to make my case with a Board or when on a Board.

Nigel, pardon my mistake. You're right. Here is the full section covering certain HOAs:

Sec. 552.0036. CERTAIN PROPERTY OWNERS' ASSOCIATIONS SUBJECT TO LAW. A property owners' association is subject to this chapter in the same manner as a governmental body:
(1) if:
(A) membership in the property owners' association is mandatory for owners or for a defined class of owners of private real property in a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more;
(B) the property owners' association has the power to make mandatory special assessments for capital improvements or mandatory regular assessments; and
(C) the amount of the mandatory special or regular assessments is or has ever been based in whole or in part on the value at which the state or a local governmental body assesses the property for purposes of ad valorem taxation under Section 20, Article VIII, Texas Constitution; or
(2) if the property owners' association:
(A) provides maintenance, preservation, and architectural control of residential and commercial property within a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more; and
(B) is a corporation that:
(i) is governed by a board of trustees who may employ a general manager to execute the association's bylaws and administer the business of the corporation;
(ii) does not require membership in the corporation by the owners of the property within the defined area; and
(iii) was incorporated before January 1, 2006.

Probably not - Section 209-005 of the Texas Property Code:

(k) Except as provided by Subsection (l) and to the extent the information is provided in the meeting minutes, the property owners' association is not required to release or allow inspection of any books or records that identify the dedicatory instrument violation history of an individual owner of an association, an owner's personal financial information, including records of payment or nonpayment of amounts due the association, an owner's contact information, other than the owner's address, or information related to an employee of the association, including personnel files. Information may be released in an aggregate or summary manner that would not identify an individual property owner.

(l) The books and records described by Subsection (k) shall be released or made available for inspection if:

(1) the express written approval of the owner whose records are the subject of the request for inspection is provided to the property owners' association; or

(2) a court orders the release of the books and records or orders that the books and records be made available for inspection.

Have a friend in an HOA who is BOD member with similar situation. This last week with info from Management Company the other BOD member was called out and exposed with proof to backup many, many statements made were lies. The BOD member after called out resigned. Made their HOA's day!!!

If you are on the BOD the management company should provide you information you request. Before sending "Certified Return Receipt" request I would first just simply ask via a polite telephone call. When you get into signing for letters it is a red flag to some entities and they might dig in and not release as easily due to engaging CYA efforts.

If you want paperwork related to a legal matter between the Association and an individual homeowner, you probably won't have access to that information, as it's considered attorney-client privileged (and you're no longer on the board, so you don't have access anyway). There are other items that may qualify as confidential, such as account information of other homeowners - since this concerns HOA documents you need to see if there's HOA state law (I believe there is) and then review this with a private attorney

The confidential information will be anything not already discussed or filed with the Court. Usually most court records are public domain; therefore, anyone can follow along a court case through its various phases via your local court records. The HOA Board and HOA Attorney will not usually be willing to share information, unless their State Laws dictate otherwise.