HOA expenditures question from Texas

First time here, thank you in advance for listening. I will be running for our BOD as we have had very dissapointing results and possible abuse of power. Our BOD put in cameras at the entrance t our small neighborhood (most people I have talked to are in favor). They took 2 bids and would not share the information with the homeowners. In a Zoom meeting I asked to see the proposals, the BOD President said i could not see the doucuments as the BOD had made their decision and the subject was closed.

I know the freedom of information act is primarily for government use/abuse etc. Do I have any legal standing that is easily found, or should I seek an attorney? Thanks again!

Why do you need to see the bids? The main thing that matters is who wins the bid, and in that case, you should be able to review the final contract that was signed. Bids may also have proprietary information that you dont want your competitors to know about and use against your business.

If you're concerned the board didn't get enough bids, that's one thing. If you think one company received one RFP but the winner of the bid got one with different terms(everyone should have received the sameone), that's also something to ask about. Companies choose whether to submit a bid or not - the board can't control that.

Of course you do know companies will charge what the market will bear - I don't know if you're concerned the price is "too high," but that's subjective. - what's high to you may be just fine with someone else. If this is a new vendor and the contract is signed, you can't change it now, but you will be able to evaluate the results at the end of the contract period, then you can consider making changes if warranted.

I wanted to see the bids to compare them. I know who they went with, but was it a good decision or did the President move forward because he was a fan of the company being run by former police? I know the VP wanted the other company to be given the contract, but I believe the President pushed the Secretary to vote with him.

I have no interest in companies that choose not to bid... perhaps the neighborhood is too small for their liking. The real issue is the withholding of info on a bid that I am now paying for (our yearly homeowner cost went up almost 20%).

Alfred, then it's highly likely the HOA is subject to Texas Property Code Chapter 209 (a statute) and Texas Business Nonprofit Corporations Code Chapter 22. If you keyword search the sites below for the word "records," you will see what Texas statutes require.

https://statutes.capitol.texas.gov/SOTWDocs/PR/htm/PR.209.htm

https://statutes.capitol.texas.gov/Docs/BO/htm/BO.22.htm

I would discourage you from trying to get copies of the bids. If I were on your HOA's board, and knowing what I do about proprietary-ness as it pertains to contracts, I would vote against releasing bids to owners. I'd vote to let the owners fight the HOA in court. Though I can't say the owners would win.

I do think owners should be allowed to see executed contracts and there is no legal defense in Texas to denying owners examination of these contracts.

As a matter of law, the board has the final say about who gets a contract. An owner who doesn't like the choice can criticize and complain all he wants. However, the real action is to be had by getting on the board with people who feel as you do. I advise that you pick your battles and save your energy with an eye towards this end goal.

Being on the board is an awful chore. I am glad you are willing to step up and experience it. It can be eye-opening.

Define "good decision". are you saying it was bad simply because the president wanted company #1 and the vice president company #2? Or because you just don't like the president for whatver reason?

Sorry, but that means absolutely nothing. People disagree all the time although they get the same information. Certain things may have been more important to one person vs. Another, and that also includes the secretary. Did you ask him or her why company #1 seemed to be the better choice? You can't assume these things- you'll see that up close should you win a seat on the board.

To wit - you said your assessments increased 20%. The security contract may have been a factor, but what else is in that budget? Are your reserves underfunded or need a boost because of major project that were done last year? Has the association master insurance jumped up? Probably. Do you have an issue with collecting delinquent assessments? When was the last time you took a look at the last two or three years of income/expense statements to see what's jumped way up? Have you asked why? If so, what was the response and what is the board doing to address costs?