Texas Non Profit Act

Started by JaneL2 • 2 replies • 358 views

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JaneL2 (Texas)
Posts: 175

Posted:

On my previous topic about the claim and demand letter from a neighbor to the HOA, one of the board members told me that even though I am named as part of the demands, that he cannot discuss anything about the case with me. He cites the Texas Non Profit Act and says that it states in there that he is not allowed to discuss the case with me even though it involves me. Someone please point out where in the law that it says this? I cannot find it in the Texas Non Profit Act or the Business Organizations Code.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Wrong Act:

PROPERTY CODE

TITLE 11. RESTRICTIVE COVENANTS

CHAPTER 209. TEXAS RESIDENTIAL PROPERTY OWNERS PROTECTION ACT

Sec. 209.005

(d) Except as provided by this subsection, an attorney's files and records relating to the property owners' association, excluding invoices requested by an owner under Section 209.008(d), are not records of the association and are not subject to inspection by the owner or production in a legal proceeding. . . . This subsection does not require production of a document that constitutes attorney work product or that is privileged as an attorney-client communication.

Look - I know it is bugging you that you may be the center of what is being discussed in this legal action. It would me. However, you are not a party to that legal action! Therefore, you have zero rights to see anything beyond what is public record about the case.

Have you looked to see if a case was actually filed?

If it was, you would know specifically what the issue between your neighbor and the Association is.
If a case was not filed, then the issue is not in the courts yet and you will likely never know what the specifics are.

In addition to my advice on your other thread, simply comply with the rules/regs and covenants and enjoy life. If you do this - there is nothing HOA related to worry about.

JaneL2 (Texas)
Posts: 175

Posted:

Thank you for letting me know where the law is regarding this. The attorney said he would sue using the Property code 209.005 also but, board member I guess did not know where the law was about me not being involved.

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