Texas 209.005 Intrepretation

Hello -

How is this section interpreted? As in the POA/HOA in Texas having up to five or fifteen business day extension after notifying the association member that they cannot honor the records request within ten business days?

Thanks,

JG

I agree with Richard's comment. I will add you should be sensitive to the words "business day". Ten business days equates in non-holiday weeks to two calendar weeks in most instances. Fifteen days similarly equates to three calendar weeks.

Taken together, the ten + fifteen day response intervals equate to five calendar weeks, more if there is any type of Federal or state (which we do not have many of in Texas, if any), or local (again, rare) holidays involved.

It is always helpful to those who participate in this forum to understand the background to your question when responding.

What's going on, why are you asking? For example, there are reasonable requests then there are requests for information regarding expenditures ten years and three management companies ago. The request may be reasonable but if the current board or management company does not have/was not given financial data from 2008, the request is something of a moot point.

Yes, Bill, and in some states like CA, we do not have to provide records any further back than two years plus the current year (Minutes are excepted).

The Board or property mgr., in CA, also is not required to compile or sort records into categories that are the normal way they're filed. For instance: "How many parking violations are issues in the past two year?" Those probably are in individual Owner's files--lotsa trouble to go through each one. or they'd be in executive session minutes, which also would require research.

Does anyone have any Texas Attorney General interpretations, Court Precedent, Case Law rulings, or anything official?

The POA uses a process by which you must send a certified letter for a records request. They will then mail back an invoice. After you pay, it takes about three+ weeks for the records request to arrive.

That is BS too. The property code only says written request. They are making it as onerous as possible to provide what is your right by law. Certified is not required, nor are they allowed to use sending an invoice as a delaying tactic.

They must estimate the cost if they want to charge in advance.

"The association may require advance payment of the estimated costs of compilation, production, and reproduction of the requested information. If the estimated costs are lesser or greater than the actual costs, the association shall submit a final invoice to the owner on or before the 30th business day *after the date the information is delivered*."