follow up on records request texas

Started by LaskaS • 6 replies • 300 views

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LaskaS (Texas)
Posts: 1,025

Posted:

augustine,

i'm referenceing

For the archives:

I got it wrong.makes TPC 82.1141 applicable to pre-1994 COAs . This means no Texas condo association, regardless of when the condo association was established, has to share the owners' mailing addresses with owners.

Texas condo owners are left with looking up mailing addresses in property tax records.

I just thought of something. the added statute does not prevent the association from releasing the mailing address of each owner.
It just says the association is no longer required to make this information available.

what if our bylaws still include the requirement?

Doesn't our specific bylaws relative to the information required to be kept and made available trump the new added clause? the clause is just giving the association an option. OUr association documents state the information is available.??

SheliaH (Indiana)
Posts: 6,964

Posted:

It appears Augustin has resigned from the forum.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

LaskaS (Texas)
Posts: 1,025

Posted:

no way! what happened! what! no way!

SheliaH (Indiana)
Posts: 6,964

Posted:

Dunno, but it looks like he resigned this week. It may be temporary or he'll show up under a new name (sometimes people drop out to get a rest). I wish him well, wherever he is

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

SteveH35 (Washington)
Posts: 339

Posted:

Quote:

Posted By LaskaS on 06/03/2022 2:22 PM

I got it wrong.makes TPC 82.1141 applicable to pre-1994 COAs . This means no Texas condo association, regardless of when the condo association was established, has to share the owners' mailing addresses with owners.

Texas condo owners are left with looking up mailing addresses in property tax records. I just thought of something. the added statute does not prevent the association from releasing the mailing address of each owner.
It just says the association is no longer required to make this information available. what if our bylaws still include the requirement?

Doesn't our specific bylaws relative to the information required to be kept and made available trump the new added clause? the clause is just giving the association an option. OUr association documents state the information is available.??

Laska,

Governing documents take precedence so long as the applicable statutes defer authority to the governing documents.

Regards,
Steve

BillD16 (Texas)
Posts: 971

Posted:

Quote:

Posted By SheliaH on 06/03/2022 2:28 PM
It appears Augustin has resigned from the forum.

NNNNOOOOOOOOOOOOOO!!!!!!!

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By SteveH35 on 06/03/2022 8:03 PM

Laska,

Governing documents take precedence so long as the applicable statutes defer authority to the governing documents.

Regards,
Steve

Good point. SC Rules and Regulations are riddled with such as "unless corporate Bylaws say otherwise". SC likes to defer to corporations/businesses such as an HOA.

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