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LaskaS (Texas)
Posts: 1,025
Posted:
hello,
The board meetings of our texas condominium are held via zoom. I am aware that owners can attend but not participate in the meetings.

For a couple of months, there has been a packet provided to the board via email.

I would like a copy of the packet for my records. However. I'm not sure If that would be considered records of the association. It seems that a right to observe would include the ability to follow along in the board packet.

The packet contained bids and scopes of work for a couple of maintenance issues that the board is addressing.

If the packet was presented on the screen and used during an open meeting.
BillH10 (Texas)
Posts: 1,217
Posted:
Laska

Your Board should share information regarding the meeting logistics--where, when, Zoom access URL or call in number, etc.

I am not aware of any requirement for the Association to provide an owner with a copy of the Board meeting packet.

A copy of the agenda should be provided but there is no requirement to do so. Most information regarding association financials should also be shared as a courtesy, excepting of course detailed information regarding past due accounts. Summary information is OK--8 accounts in arrears, collectively the amount past due is $NNN, the Past Due Account Process has been initiated, that sort of thing.

Sharing scopes of work regarding maintenance projects may be OK for informational purposes, detailed copies of the bid information for unawarded contracts is not.

All that said, to repeat, you are not entitled to receive the Board packet as an owner, even a redacted copy. My responses are how a Board operating with crystal clear transparency should conduct business.

So, what to do? Depending on the language in your Declaration and which chapter of the TPC applies to your association, you may request copies of the documents included in the Board packet, or you may request to review those documents, except those which no owner may review, such as detailed past due account information and detailed bid information for which a contract has not yet been awarded.

BillH10 (Texas)
Posts: 1,217
Posted:
Laska

Your Board should share information regarding the meeting logistics--where, when, Zoom access URL or call in number, etc.

I am not aware of any requirement for the Association to provide an owner with a copy of the Board meeting packet.

A copy of the agenda should be provided but there is no requirement to do so. Most information regarding association financials should also be shared as a courtesy, excepting of course detailed information regarding past due accounts. Summary information is OK--8 accounts in arrears, collectively the amount past due is $NNN, the Past Due Account Process has been initiated, that sort of thing.

Sharing scopes of work regarding maintenance projects may be OK for informational purposes, detailed copies of the bid information for unawarded contracts is not.

All that said, to repeat, you are not entitled to receive the Board packet as an owner, even a redacted copy. My responses are how a Board operating with crystal clear transparency should conduct business.

So, what to do? Depending on the language in your Declaration and which chapter of the TPC applies to your association, you may request copies of the documents included in the Board packet, or you may request to review those documents, except those which no owner may review, such as detailed past due account information and detailed bid information for which a contract has not yet been awarded.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
This is BOARD information. Why do you think your entitled to it? Plus it's stuff no one has made a decision on. It's up for discussion. The reason FOR the meeting in the first place...

Former HOA President
AugustinD
Posts: 3,698
Posted:
Laskas, maintaining the packets as a record of the association does not appear to be required.

All you can do is ask, pursuant to TPC 82.114 (which applies to all condos, not just post-1994 yada condos).
LaskaS (Texas)
Posts: 1,025
Posted:
ok thanks.. the answers were helpful.. I won't even bother asking for it.

At the board meetings. which are held via zoom. several owners are accessing via zoom on their phones. Pages were put up on the screen but they are hard to follow because the zoom host may or may not know how to share a screen etc.

anyway. thanks for the responses.

UPDATE. I was able to find several documents and email from the past 4 years . All of which referenced the staggered board seats and which year has how many. All of the documents I found, including a notice from the association attorney to all homeowners explaining the outcome of the recall vote and the effect it would have on subsequent elections, indicated that in the year 2022. 5 seats board seats were up for election.

I cc'd the attorney, with her own original letter to the association.

The board had a board meeting last night , a motion was made and passed to engage the attorney on behalf of the association to get the correct number of seats that are up for election.. YIPEEE
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Why are your contacting the HOA attorney??? They are NOT your attorney. They work for the HOA. If you need to contact the lawyer you go through the BOARD to do it. They can choose if they feel the need or not. It is NOT you. Otherwise, you may get a bill from that lawyer or HOA to pay for that. It cost money to talk to the lawyer. Even an email/phone call has a price/cost. They are NOT free.

Former HOA President
CathyA3 (Ohio)
Posts: 6,299
Posted:
For those reading along who've never served on a board or who've forgotten:

The board packet can contain confidential information - for example, bids often contain proprietary information, and contracts under negotiation are confidential. Typically homeowners are entitled to see signed contracts but not the bids.

It can be frustrating if you're an ex-board member because you'll feel like you're flying blind. You are - but you're not the one flying the plane any more. If it drives you crazy to be a passenger rather than a pilot, you need to get elected to the board - then you can be in charge when your co-pilot shows up hungover or idiot passengers try to open a door when you're 30,000 feet up.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By LaskaS on 02/24/2022 11:51 PM

At the board meetings. which are held via zoom. several owners are accessing via zoom on their phones. Pages were put up on the screen but they are hard to follow because the zoom host may or may not know how to share a screen etc.
Is this at least as much a phone problem as it is a problem with anything else?

If it's a phone problem, I am inclined to say tough cookies to those owners accessing by phone. Go find a computer terminal.

You could send a note "FYI" to the Board and say, "Respectfully, folks attending by Zoom with their phones cannot see the documents put up on the screen from the Board's end. Is there any chance the Board could distribute these docs by email or put them on the web site, labeled by board meeting?" Be prepared for the Board to say, "No." I think they'd be on grounds to say no partly because, if this were an in-person meeting, the directors might very well have hard copies of xyz document, while the audience does not get to see those hard copies. I see no legal requirement to provide those copies to the audience.
HenryS7 (Pennsylvania)
Posts: 336
Posted:
There is no way I would ever allow regular homeowners to read my e-mail that I send to the rest of the Board with the documentation that they need to read ahead of time. Why not? It's a great place to hide stuff you don't want regular homeowners to know about.

There are a lot of sensitive subjects that we discuss during Board meetings. Having nosy homeowners present would greatly interfere with us being able to frank discussions about what is going on in our neighborhood. Fortunately, we don't have that attend. If we did, I would put a lot of info into a meeting packet that is not publicly available.
LaskaS (Texas)
Posts: 1,025
Posted:
I've been to several board meetings for not profits where attendees were given the packet the board would be referencing during the meeting.
KerryL1 (California)
Posts: 14,550
Posted:
This is the strongest example I've seen of Henry's attitude about "regular" homeowners: Elitist, dismissive & secretive. No wonder no owners (except his wife) attend the board meetings in his HOA.
HenryS7 (Pennsylvania)
Posts: 336
Posted:
Quote:
Posted By KerryL1 on 02/25/2022 4:45 PM
This is the strongest example I've seen of Henry's attitude about "regular" homeowners: Elitist, dismissive & secretive. No wonder no owners (except his wife) attend the board meetings in his HOA.

My only concern is making life more uncomfortable and more difficult for board members, thus encouraging them to depart the board, and making it more intimidating for prospective board members. Like most associations, we don't have a lot of people that want to volunteer. We need to make the environment as inviting as possible for people to want to be part of the Board.
LaskaS (Texas)
Posts: 1,025
Posted:
henry,

having an us vs them mentality does not create an inviting environment that would encourage homeowners to get involved.

who cares if owners are nosy. When people stop asking questions, I get worried.
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By LaskaS on 02/25/2022 7:25 PM
henry,

having an us vs them mentality does not create an inviting environment that would encourage homeowners to get involved.

who cares if owners are nosy. When people stop asking questions, I get worried.

Laskas, your comment, "When people stop asking questions, I get worried." should be framed and hung wherever Board meetings are held. When this happens, it gives license for a Board to become corrupt even when they initially start out with good intentions.

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