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LaskaS (Texas)
Posts: 1,025
Posted:
hello,

I previoulsy made a detailed records request for association records based on
texas condominium statute
Sec. 82.114. ASSOCIATION RECORDS. (a) The association shall keep:
(1) detailed financial records that comply with generally accepted accounting principles and that are
sufficiently detailed to enable the association to prepare a resale certificate under Section 82.157;
(2) the plans and specifications used to construct the condominium except for buildings originally
constructed before January 1, 1994;
(3) the condominium information statement prepared under Section 82.152 and any amendments;
(4) the name and mailing address of each unit owner;
(5) voting records, proxies, and correspondence relating to amendments to the
declaration; and
(6) minutes of meetings of the association and board

Is there some statute that would prevent an owner from obtaining copies vs just being able view them on a monitor.? When I was there, I requested a small subset of the records to be provided to me either on a thumb drive on emailed .

I just followed up, and I was told there is some question as to records I am requesting. Does an association have a right to limit how the records are presented to an owner after proper request.? Do i have a right to ask for hard copies.? what statute gives me the right to request hard copies?

thank you
SheliaH (Indiana)
Posts: 6,964
Posted:
Well, you pulled up the state statute on association documents - didn't the rest of it say anything about this? If you don't know for certain, go back and keep reading.

You didn't say how much stuff you want or how far back it goes, so to me, the association has the right to tell you if may take to retrieve the information, don't pull just have to wait

(The property manager DOES have other tasks to address in running your association, you know. Or maybe you don't care because you're always pouting about how the property managers do their job).

You could ask if you could view the information online if available, but that doesn't mean you have the right to stick in a flash drive and download to your hearts content. And you do realize you can be charged for copies, don't you? If the information has to be pulled from boxes stored in an off-site location, someone may need to go through the boxes, find the documents and photocopy them. That takes time - are you willing to pay for that?

One thing at a time before you piss the board and property manager off - again. Give them a week or so to research the matter and then follow up. Rather than you liking around the computers, Why not offer to give them a NEW flash drive and they can download the documents for you. If you are able to look at them on a monitor and would like to make copies, keep a list of what you need and then give it to them. you can check the photocopies against your list to make sure you have everything and the copies are legibke.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
AugustinD
Posts: 3,698
Posted:
To inform myself of what I can lawfully receive as copies:

I would be searching TPC 82 at https://statutes.capitol.texas.gov/Docs/PR/htm/PR.82.htm for the word

"copy"

then

"copie"

and go from there.
LaskaS (Texas)
Posts: 1,025
Posted:
here is what i found..

see the last sentence in b.
82.1141. ACCESS TO ASSOCIATION RECORDS. (a) This section applies to all associations governed by this chapter and controls over other law not specifically applicable to an association.

(b) Notwithstanding a provision in a dedicatory instrument, an association shall make the books and records of the association, including financial records, open to and reasonably available for examination by a unit owner, or a person designated in a writing signed by the unit owner as the unit owner's agent, attorney, or certified public accountant, in accordance with this section. A unit owner is entitled to obtain from the association copies of information contained in the books and records.

also

(g) An association may produce books and records requested under this section in hard copy, electronic, or other format reasonably available to the association.

Augustine.. based on what i'm reading, i need to send another request for hard copies. my first request was to review the records. when i was there, I asked for specific hard copies and they said they would get back to me. now they are saying there is some concern about some information contained in the digital files.

AugustinD
Posts: 3,698
Posted:
LaskaS, the link I provided says a lot more about copies of records than this.
BillH10 (Texas)
Posts: 1,217
Posted:
Laska

The session of the Legislature which adjourned last May enacted specific legislation, SB 318, which requires (new) a Chapter 82.1141 of the property code. 82.1141 specifically addresses records retention and requests.

Your association was to have filed documents with the Clerk of the County by September 1, 2021 to establish association policies on these subjects.

Has your association not done so? The requirements to be followed by the association for document requests and what can be charged the requesting party is very specifically called out, it largely mirrors the TPC 209 changes which were implemented by the 82nd Legislature in 2011.

Here is an excerpt from an analysis of SB318:

In substantive effect, on September 1, 2021, both non-condominium and condominium associations will have to comply with the same procedures and timelines when responding to an owner’s request for association records. Since these “new” requirements for condominiums have been in effect for non-condominiums since 2012, compliance should not be overly burdensome. One change for condominiums that does not apply to non-condominiums, relates to the remedy should the association fail to provide records in accordance with the new law. For condominiums, if a member is denied access, and a court awards court costs and attorney’s fees to the member, the member is not permitted to deduct the award from condominium association dues.

There are, however, two new requirements that will have to be implemented before September 1, 2021:
Requirement 1: All condominium associations will be required to adopt a records production and copying policy, which includes the costs for production of the records. Costs are limited to the costs for copying public information, which may be found in Title 1, Texas Administrative Code, Section 70.3, and may not exceed the actual costs incurred by the association. This policy will be similar to the policy required to be adopted by a non-condominium association (since the requirements are the same). The records production and copying policy must be recorded in the county records where the regime is located.

I recommend you determine if your association has complied with the SB318 requirements and that you request a copy of the documents which should be found in Section 82.1141 of the property code. BTW, every owner in your association should have been provided at least an electronic copy of the filings at no charge.
LaskaS (Texas)
Posts: 1,025
Posted:
Bill, to my knowledge the association has not done this.

I have been to every board meeting. I would presume anything that is an amendment to the declaration would be required to be discussed and adopted at a board meeting. or if iby unanimous written consent, would have to be announced at the next board meeting and recorded in the minutes. I know for a fact that this has not been discussed at any meeting , nor is there any record of the adoption in any minutes. If they haven't done it, they can't charge me. They still have to produce the records though, isn't that correct. Also, I believe there was a document policy adopted in years past. Was this new bill a requirement for all condominiums that is in addition to any previously adopted policy?

Augustine,

i read all of the instances of copy and copies and the excerpts i included in the message were the ones that appeared applicable. Basically, From what i read, the association does have to produce copies of association records if I make a valide written request certified. The first request I made I only asked to review the records. I will no follow up with a request for copies.

Is this how you read the statute?

also. bill , regarding the adopt a policy regarding records retention and costs
AugustinD
Posts: 3,698
Posted:
LaskaS, I do not want to add to the COA's work without a really good reason.

If you must have copies, then I believe you know how to write a letter and make the request.
LaskaS (Texas)
Posts: 1,025
Posted:
augustine.

the coa i.e. board aren't the ones who gather the records. The records are kept by the managing agent. They are all in a single file. this isn't adding to any work
MelissaP1 (Alabama)
Posts: 13,836
Posted:
You still need to give them time and also may have to pay a fee. It's not "free" work on any level except in your mind.

Former HOA President
LaskaS (Texas)
Posts: 1,025
Posted:
I received the files via email attachments. no charge. they were already in digital format when i viewed them at the office. So all they had to do was forward them to me.

JackG8 (Virginia)
Posts: 26
Posted:
You, as a homeowner in a Homeowner's Association, have every right to ask for the Association's records. However, if your request is voluminous, the CC&R's may allow a reasonable charge for those records, whether it's the Board providing them, or the Association's Manager. In fact, there are times the CC&R's may have been changed over the course of your home ownership, where you may be unaware of those changes, if say you weren't attending Board meetings. In that case, the Board has an obligation to notify the homeowners of those changes.
RodgerF (Texas)
Posts: 33
Posted:
The time required in Texas is 10 business after they receive the certified mail request.If they do do so within that time or they disapprove your request that give you grounds to request and injunction by your Justice of Peace. That’s a very simple process, just a handwritten and notarized affidavit and about $300 court courts in Texas.
MichaelS56 (Minnesota)
Posts: 859
Posted:
LaskaS, all of this involvement that you do with your Association must be your entertainment. Hopefully, if you are not on the Board then I hope you will be a candidate when there is a position open.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Michael they just did run for the board but there was some kind of "conspiracy" against them to not let them get on the board. Plus keep in mind the election time line here has only been like 2 -3 months. So it's not like this is an established board. They just went through an election. The board has not even had a chance to breath yet before Laska demands things from them.

Former HOA President
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Michael they just did run for the board but there was some kind of "conspiracy" against them to not let them get on the board. Plus keep in mind the election time line here has only been like 2 -3 months. So it's not like this is an established board. They just went through an election. The board has not even had a chance to breath yet before Laska demands things from them.

Former HOA President
BillH10 (Texas)
Posts: 1,217
Posted:
Rodger

The ability to seek an injunction from the Justice of the Peace in Texas in such matters does not apply to condominium regimes organized in Texas under Chapters 81 and 82 of the property code; it applies only to Homeowners Associations in Texas organized under Texas Property Code Section 209.

Laska's unit is in a Chapter 81 condominium.
LaskaS (Texas)
Posts: 1,025
Posted:
Bill,

I think the ability to seek relief in small claims court now also applies to condominium associations.

Can you check your info and see if you can confirm?

as of the 2021 changes in the law.

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