Release of Records in Texas

A member is requesting a list of each homeowner and their financial history in a Texas Condo Association. It is my understanding that Association’s are not allowed to provide Indiviual financial information to another member. Does anyone have a sound legal argument for not providing this information.

One reason for not providing this information is that it could be a violation of the Fair Credit Reporting Act and other laws concerning privacy. There is no reason anyone needs to know an owner's individual financial history - if that person is delinquent, the association should be taking legal action against him/her. If that were occurring, lawsuits would be public record.

Association members should be advised of general delinquency information - how many are delinquent (not their names or addresses), the total amount owed and the number who have been referred to the association attorney for collection. Beyond that, anyone knowing individual history doesn't change anything (unless that person is willing to pay that bill)

Of course, you're asking a legal question and since we aren't lawyers, you need to go to an attorney and get the appropriate answer.

In Texas, under the Uniform Condominium Act, an owner is entitled to examine ALL Association records, including financial records, Sec. 82.114(b). The only exception in the code is attorney files that do not belong to the Association.

I don't know of any legal argument in Texas for refusing and would consult with an attorney before you refuse.

I would ask how are the collection records kept? Our HOA we were given sheets with just the Lot# on them and under it just incidents of when something not paid. It wasn't entirely that accurate. The debt reflected on that lot# may have been passed down from previous owners.

For me, if they wanted this information it would ONLY reflect Lot# not anyone's names on that list. If they want the names, then that is something the HOA's Secretary may have. Although it's probably not accurate. Plus names doesn't necessarily equal lot #'s or addresses.

It's not that I am not for all open access. I have always handed out our financials except for the collection report to owners. The collection report was only for board members. It was still discussed at the open meeting. Just not in member's names. The thing is that it's more of a violation of privacy and not a real "need to know". I think if you polled your HOA members they would NOT want this information of their individual accounts released. Most would not have an issue with stating the HOA has a 75% collection rate each month and we are pursuing those who are in the arrears with the proper collection methods.

If someone isn't satisfied with the last response, then they have an issue of being too dang nosey....

Sec. 209 does NOT apply to condo associations.

Sec. 209.003 Applicability of Chapter - "This chapter does not apply to a condominium as defined by Section 81.002 or 82.003."

Granted, I missed that it was a condominium.

In that case, I would simply specify the privacy law section and let them counter with the applicable statute that supports their request. This will also allow the Association time to consult with their attorney.

If the attorney says the financial status of each owner must be provided, I would inform each owner of this request and that on the advice of legal counsel, the Association has provided same.

Thanks for all the great advice!

This particular member has a tendency to send harassing emails. He is the ex-president who we voted out of office because he ran it into the ground. He wants a list of all the members name and how much $ they each owe. Honestly, we are in great shape. I just want to protect everyone’s privacy.

Sounds like they are just trying to cause trouble. It's someone who sounds like they should know. So trying to be a pain in the side for their knowledge. I would send out a letter to ALL the members stating there has been a request from a member that wants their name and know what they owe. According to this statute you are to let them view this information. So because of this, the HOA will set up a time for anyone else interested in VIEWING this information to meet at a certain date, time, and location.

If they want copies then they have to provide a method of either taking them themselves or pay for them. The law says they can view it. It does not say the HOA has to provide copies or atleast not charge something for them...

This will no doubt cause a bit of an outrage. However, the HOA is following the law. It is also giving the opportunity to ALL members to do this. Plus it kind of calls out this person whom also should get a copy of this letter. Why let them do this behind everyone's back? It shows the HOA is being open and not hiding anything. Fight fire with fire I say.

Okay then Geno... Let me see your payment record with your HOA. Please post... Then tell me why you would you would think it's a conspiracy to "Hide" things...

Let me be a bit more clear why I am not for releasing collection information on members. There are many varieties of reasons this is happening. Some of them are personal and sensitive. You can't see that from looking at numbers. Plus an individual member does NOT represent the entire HOA. The BOARD does. So they are responsible for pursuing collections. If an individual starts contacting non-paying members on their own accord that really does some damage to all.

Our HOA we established a 6 months behind we pursued a lien. The reason being is that at 6 months it weeds out many of the various reasons one is not paying. (Protest, financial difficulties, death etc...) Plus at 6 months dues is how much it costs to file a lien. After that, we consider a foreclosure. Which if the majority of the board don't believe in foreclosure, then a lien is left on till the property sells. All of which your not going to see in the numbers.

Your also not going to see payment arrangements. Our HOA the amount shown on collections is for the overall lot not individual. It covers a long history which doesn't necessarily reflect the current owner's debt. They did not "zero out" the account upon a new owner necessarily. So even if you paid on time your account may reflect an amount owed.

You also won't see death on the collection report. What if the person has died? It goes to Probate for awhile. So your going to see an amount owed till that processes. So your going to complain or contact a grieving family to demand payment? One they are not responsible for?

Collections is not something an individual member should pursue on their own or even really need to know on an individual. Just the overall. Plus that the board is pursuing collections with a good policy in place. I for one would never want to know this information even though it was given to me and my responsibility. It's really none of my business what you owe. What is my business is how the HOA spend those collections.

If I wanted my payment history I could get it pretty quick. It's sufficient for me to see that I'm not on the "Collection Status Report" or the "Aged Owner Balances" report that our bookkeeper provides every month. I ask the Treasurer, I get. Same as any other homeowner. We have 3 owners at some stage of delinquency. Thankfully, not too many. Any owner who requests this report gets it, no questions asked and no redactions either. The delinquent homeowners' names are in the clear.

Why? Because it's the law in Florida. Full stop. It should be the law in every state. It stops people from protecting themselves or their friends from embarassment. It lets people be aware that the president and the treasurer are months behind in their assessment payments. It stops potential crooks from running for the board while being months behind in their monetary obligatios. An owner can't stop or even be aware of any of those things unless he/she can see who's not paying and for how long.

It's not a "conspiracy theory". It's decades of life experience that tells me when people start making excuses for not adhering to the law they're usually full of it. And it's sad that some people support that or are willing to look the other way.

AMEN to that!

I would like to have clarity on this issue for TX condos. We are normally goverened by Chapeter 81, but some sections of chapter 82 apply to all condo regimes, regardless of when they were built.