ACC Members names

Our HOA on’t release the names of ACC members, claiming they and anonymity. Don’t members have a right to kno who is on the Committees?

All of the names of the residents that are on committees are listed on our website. The Architectural "Review" committee does not make final decisions since they are not elected, they will gather the information and make recommendations to the Board who will make the final decision, since they were elected to do so.

Rodger

Assuming you are a TPC 209 HOA, the names of the committee members may not be withheld from you. You may have to submit a formal request to review the records of the association if the names are not provided.

However, I would ask, why are you asking for the names? You may not contact a committee member directly regarding an ACC request; any contact with the committee should be through another channel such as the property manager.

I have problem item that. We are adults and someone breaks the law or harasses you call the cops. Note up until just recently the names were made made public. Moreover if anyone files a lawsuit against the HOA they are going easily win an injunction anyway because of the record law in the State of Texas so it it’s a no brainer, under the “ reasonable standards tests” courts use that the name should be released to members just as they always been. Furthermore, Section 209.00505 of Texas Property Code, as passed in September 2021 and codified into Texas State law restricts members of the property owners association’s board of directors, and their spouses and household members, for serving on the architectural committee. How would any resident know if this section was being violated IF they are not allowed the official record ( books) to include names of ACC Committee members? The reason legislatures put that provision in there was because they discovered BOD’s were doing just that and there no checks n balances in place. The books are to be provided to members upon request as a checks and balance system for residents to ensure the HOA is not doing their own thing. That’s why legislatures require HOA’s to release official records ( books) because we are the checks and balances. So the law is clear as day.

Because as residents e need are the checks n balances for the HOA. The there as a problem in Texas the some Board of Directors appointing family members to the ACC Committee and the ACC refused to provide the names of those members to the residents upon request. So our Legislature’s addressed and fix that problem in Sept 2021 session requiring that appointing family is not authorized and that members have legal access to all records upon written request. Failure to provide authorized an immediate of action to the justice of peace for an injunction against that HOA for violating that law. That’s likely where this going way. N just is hoping reasonable conclude that HOA can hide named after that 2021 statute was passed. Anyone could “ fear “ anything, that is just an emotion. There has no hint of any retaliation to anyone and nobody forces to be a committee member. If they don’t their name shared they shouldn’t be volunteering. Also our covenant requires ACC signature approval on request they approve since they are the approving authority per covenant and that you have no proof that your improvement was ever official approved covenant. Actually it requires all 3 ACC signatures not just one. They HOA is not a checks n balancer, that right by law is given to solely to homeowners. The HOA has a conflict of interest because they hired by the BOD and get by the BOD treasurer.

Nobody has mentioned directly contacting an ACC member, only that their names be provided as Texas la requires. That way reminders can verify that BOD family were no appointed as they before 2021, which resulted in Statutory change, and that approval forms contain each ACC member as required. If they are ever retaliated against we have laws in place for that. We are adults, not cub scouts.

POA not HOA. Misspoke. We outsource some duties to a POA and to keep accurate records of everything. She gets paid by the HOA.

Also Texas State Property code says they there would have to be a declaration in the Covenant stating that Committee members names need not be released. There is no such declaration, so those those names are supposed be official records, documented in the book of books, and provided to any residential homeowner upon written request. Of course that request is required to be sent by certified mail and them the 10 day clock starts. After that ten days if the information is not provided Statute states that in itself is a cause of action which he can filed at the Justice of Peace fore injunction. Which simple means a judge would order the HOA to release those names or be in contempt of court. I just like things done b the book.

I forgot to add fear of of retaliation is not justification to not follow covenant procedures and Texas State Property Code. That in a whole different ball park, or lane, and there is no such declaration in the Covenant for good reason. That is a law enforcement issue,, not part of the Property code. It’s part of separate criminal code followed a civil remedies code. . That’s going ay beyond the 4 corners of a Contractual covenant. If someone marches to your door and harasses or threatens you, you call the cops not the HOA because it’s criminal matter and has nothing do with the covenant.The only thing that matters is what stated in the contract, only the 4 corners of that contract, and applicable Property code Statute. That’s it.

You're correct that there should be written documentation of exterior change request approvals, but you also said " if the ACC approves an exterior change, the approval document is supposed to include the signatures of the three committee members". The "if" needs some clarification - is this in your governing documents? was it written in the instructions you received on how to submit an exterior change request? Does Texas state law mandate three signatures of is this your preference because you know there are three people on the committee?

Personally, I don't see a problem as long as I get a written response on association letterhead in a reasonable amount of time. If I'm denied, I want appeal rights and the hearing done by the board since they ultimately sign off on all this anyway - and I know who they are.

You also said this doesn't harm you right now, so why bring this up? Are you planning something that you know will be controversial and therefore want to know who you'll be dealing with and star lobbying them now to improve your chances of approval?

Maybe it's me, but I'd be a little more concerned with what's in front of me as opposed to something that may not be a problem. You submit your request, get it approved with written documentation of the same, so what would you be concerned about at that point? A copy of the approval the same should also be in the association's permanent records so there's no confusion, especially since owners (and board members and committee members change). Design standards for fences, windows, house color, etc., also change, as tastes and materials change.

Deal with this if and when it becomes an issue or go to court and take your chances - we aren't attorneys and don't live in your community, so it really doesn't matter what we think. Good luck in whatever you choose to.

Agree 100%. An HOA and it's committees are not a secret organization.

The changes in law effective Sept 2021 made it clear that members have a legal right to that record, period. BOD’s were doing their own thing so legislatures stepped in and changed the “ request of records” law and also stated that the BOD can appoint family members or relatives as they had been doing. They change the record law so that homeowners could receive the names of all appointees and all official HOA records so that there a checks n balances system. It a matter law, not opinion. We have what we call laws here in Texas that supersede anything in a Covenant. There is no declaration in the covenant allowing the HOA not to reveal the names, nor is there one allowing them to keep those anonymous. The statute is clear. I chose not file injunction yet, but that doesn’t not going to. The HOA is not above the law and will be held accountable as a matter of law.

Section 209.00505 - Architectural Review Authority
(a) In this section, "architectural review authority" means the governing authority for the review and approval of improvements within a subdivision.
(b) This section:
(1) applies only to a property owners' association that consists of more than 40 lots; and
(2) does not apply during a development period or during any period in which the declarant:
(A) appoints at least a majority of the members of the architectural review authority or otherwise controls the appointment of the architectural review authority; or
(B) has the right to veto or modify a decision of the architectural review authority.
(c) A person may not be appointed or elected to serve on an architectural review authority if the person is:
(1) a current board member;
(2) a current board member's spouse; or
(3) a person residing in a current board member's household.
(d) A decision by the architectural review authority denying an application or request by an owner for the construction of improvements in the subdivision may be appealed to the board. A written notice of the denial must be provided to the owner by certified mail, hand delivery, or electronic delivery. The notice must:
(1) describe the basis for the denial in reasonable detail and changes, if any, to the application or improvements required as a condition to approval; and
(2) inform the owner that the owner may request a hearing under Subsection (e) on or before the 30th day after the date the notice was mailed to the owner.