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

Ok, the managing agent replied. Please see below, the top section is the request I sent. her response is below. and she attached highlighted sections of 82.114

Hello DE++++++

Please see below. The list you sent me was just a unit number with owner name.

In an email sent Thursday April 21, 2022.

Pursuant to TPC 82.1141, BO 22.352, and Bylaw Article IV, section 3.(l) I requested the owner name and mailing address of for each unit. So far
what the Association has sent me appears to be the name and address of each unit titled in an owner's name. A number of owners here rent their
units to tenants. In this case, I expect the mailing address that the Association uses is different from the unit's address. Also TPC 82.114 (e)
requires unit owners to provide to the Association their "mailing address." It is clear to me that "mailing address" means the address to which
the Association sends mail to an owner, as provided to the Association by the owner.

I am asking again: Please provide the name and mailing address of each unit owner.

Sincerely,
Las++++

Hello las******

Pursuant to TPC 82-1141 it specifically states that the Association is not required to release or allow inspection of books & records that identifies a unit owner’s contact information or unit owner’s address. This section is highlighted on the attachment.

Thank you and have a great day.
📎 Attachments (1):
📄1426231248371.pdf(566 KB)
LaskaS (Texas)
Posts: 1,025
Posted:
you have to scroll to the third page i attached,,

I think they are playing games.
the clause they highlight on page 3 says i can be provided the information in aggregate..
does that mean I can request a list of all of the members of the association and their mailing address. but i can't have the unit that corresponds?
AugustinD
Posts: 3,698
Posted:
LaskaS, see BenA2's post in your other recent thread, along with my response. It turns out TPC 82.1141 does not apply to pre-1994 condos.

I suggest writing the following:

Dear Board and Manager,

I beg your pardon. Texas Property Code Section 82.002 (c) indicates that TPC Section 82.1141 does not apply to pre-1994 condominium associations. This condominium is a pre-1994 condominium. Pursuant to TPC 82.114, BO 22.352 and Bylaw Article IV Section 3 (l), please provide a time when I may inspect the member list, that shows the names of members and their mailing addresses.

In addition, Texas Property Code 82.114(c) requires an annual, independent audit of the records listed in TPC 82.114(a) and that this audit be available to owners. I also request a time when I may inspect the last annual audit of the records.

My purpose is to be able to communicate with other owners about the condominium's operations.

Thank you,

name
address
phone number
email addie

BenA2 and I just saved you $1000 of attorney fees.

JohnT38 (South Carolina)
Posts: 1,631
Posted:
Looking forward to Melissa's reply.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By AugustinD on 04/26/2022 2:40 PM
LaskaS, see BenA2's post in your other recent thread, along with my response. It turns out TPC 82.1141 does not apply to pre-1994 condos.

I suggest writing the following:

Dear Board and Manager,

I beg your pardon. Texas Property Code Section 82.002 (c) indicates that TPC Section 82.1141 does not apply to pre-1994 condominium associations. This condominium is a pre-1994 condominium. Pursuant to TPC 82.114, BO 22.352
Post-o. This should be BO 22.351.

As always, I guarantee nothing.
MaxB4
Posts: 3,513
Posted:
Quote:

As always, I guarantee nothing.

Well said!
LaskaS (Texas)
Posts: 1,025
Posted:
Augustine,

My question. as you may recall, didn't comply with the new law adopted last year.

It required all associations to adopt a records and retention policy by sep 1 2021.

As of the meeting last week. the board agreed to adopt a policy. however, that requires filling and then sending notice to all owners.
I believe it doesn't take effect until 30 days after it is mailed to owners.

My original request for the name and mailing address was made before the board adopted the records and retention policy.

If, as augustin stated, we don't fall under 82.114, because we are governed by 81. Then do i have the right to the name and mailing address?

Once the records and retention policy is adopted,, I believe our association will be governed by 82.114..

this clause is included in the new policy..

This Document Retention Policy replaces and supersedes any previous records
retention policy, if any, adopted by the Association.

what about this clause. Information may be released in an aggregate or summary manner that would not identify an individual unit owner.
Hopefully this allows for a complete association member list with associated mailing addresses,, but without designation as to which unit is owned by who. Or am i misinterpreting what aggregate or summary manner means.?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
My response? You are NOT allowed access to any email or mailing address IF you have signed a do not disclose with your HOA. It's a disclosure agreement with your HOA that your address is NOT to be released to individuals seeking it.

As of now, I am going to find out if my HOA or MC has one of those and signing up ASAP. If I get a letter from someone that isn't HOA board/MC, then I can take the HOA to court over the violation.

If you can't get up and write down an address off a mailbox, door, or google, then your just bitch hunting... Just trying to find someone to whine your story to instead of doing the work. I've got no time for people who don't put the time/effort in. That means they are not going to do a thing they say. Just complain others won't let them.

Former HOA President
LaskaS (Texas)
Posts: 1,025
Posted:
augustine,,

this site states that 82.114 c does apply to condominiums before 94.

https://codes.findlaw.com/tx/property-code/prop-sect-82-002.html
LaskaS (Texas)
Posts: 1,025
Posted:
augustine,

also,,I'm reading through the added legislation regarding the records and retention policy.. does 10 C. have any bearing on my request. My request was after the date the law went into effect, but my association was not abiding by the law. i.e. didn't file the required policy as a dedicatory instrument

SECTION 10. (a) Section 82.1051, Property Code, as added by
this Act, applies only to a contract entered into on or after the
effective date of this Act.
(b) The changes in law made by this Act apply only to an
election or vote held on or after the effective date of this Act.
(c) Section 82.1141, Property Code, as added by this Act,
applies only to a request for association records or information
made on or after the effective date of this Act.
MaxB4
Posts: 3,513
Posted:
Quote:
Posted By MelissaP1 on 04/26/2022 4:03 PM
My response? You are NOT allowed access to any email or mailing address IF you have signed a do not disclose with your HOA. It's a disclosure agreement with your HOA that your address is NOT to be released to individuals seeking it.

As of now, I am going to find out if my HOA or MC has one of those and signing up ASAP. If I get a letter from someone that isn't HOA board/MC, then I can take the HOA to court over the violation.

If you can't get up and write down an address off a mailbox, door, or google, then your just bitch hunting... Just trying to find someone to whine your story to instead of doing the work. I've got no time for people who don't put the time/effort in. That means they are not going to do a thing they say. Just complain others won't let them.

You're like watching a Alabama Senate debate.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Your like your one of the candidates Max..,

Former HOA President
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By LaskaS on 04/26/2022 4:04 PM
augustine,,

this site states that 82.114 c does apply to condominiums before 94.

https://codes.findlaw.com/tx/property-code/prop-sect-82-002.html

Texas Property Code has a section 82.114 and a section 82.1141 . They are two different sections.

Also please read my lengthy response to BenA2's post.
AugustinD
Posts: 3,698
Posted:
LaskaS,

I got it wrong. TPC 82.114 (b) makes TPC 82.1141 applicable to pre-1994 HOAs. This means the COA does not have to release the owners' mailing addresses to you.

You have to look up addresses at your county's property tax site.

The COA wins.

AugustinD
Posts: 3,698
Posted:
Quote:
Posted By LaskaS on 04/26/2022 4:01 PM

If, as augustin stated, we don't fall under 82.114, because we are governed by 81.
This is not what I said.

At this point, you should be using the following to check TPC 82:

https://statutes.capitol.texas.gov/Docs/PR/htm/PR.82.htm
BenA2 (Texas)
Posts: 1,273
Posted:
Quote:
Posted By LaskaS on 04/26/2022 2:27 PM
you have to scroll to the third page i attached,,

I think they are playing games.
the clause they highlight on page 3 says i can be provided the information in aggregate..
does that mean I can request a list of all of the members of the association and their mailing address. but i can't have the unit that corresponds?

They are not playing games, they are citing the statute that says that they do not have to give you mailing addresses. The statute makes it clear that mailing addresses of owners do not have to be released.

The clause about aggregate information refers to information that IS required to be released.

"Information may be released in an aggregate or summary manner that would not identify an individual unit owner."

It means they can give you a list or summary rather than individual records. For example, if you ask for a list of a specific violations, they could give you a summary of all violations and leave out any identifying information. That clause does not apply to mailing addresses because they is specifically excepted in the law.
LaskaS (Texas)
Posts: 1,025
Posted:
ok.. well. thanks for all the help.

I requested the name and mailing address in good faith.. based on my research and understanding of what an owners rights where.

I was denied and given the reason. If that reason is valid, I will accept it.

One question..

can you tell me what the meaning is of..

this phrase at the end of82.114(j) Information may be released in an aggregate or summary manner that would not identify an individual unit owner.

what would an aggregate name and mailing list be comprised of?
LaskaS (Texas)
Posts: 1,025
Posted:
sorry, scratch that question.. ben just explained.
LaskaS (Texas)
Posts: 1,025
Posted:
good news. I can still access the information from the harris county tax records. I will have to find a program that will download all files at a particular address and download them in csv. then i can import in to excel..
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Wait what? You mean YOU can actually do this yourself??? Wow! Who knew? (Me).

Former HOA President

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