HOA protest/dispute

Started by PatriciaB21 • 5 replies • 243 views

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PatriciaB21 (Texas)
Posts: 2

Posted:

I requested information from the HOA concerning their policies/procedures for adjudicating a dispute/protest (non-architectural). The HOA has not replied to this request. Would this request fall under Texas Property Code 82.1141 (m) as a record I can request?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Would this not already be in your CC&R's, by-laws, or Articles of Incorporation? CC&R's and Articles of Incorporation are PUBLIC documents. CC&R's are at your local county records department. The Articles at State level. Plus in some state the seller was responsible for providing. Otherwise, them being public documents its looked upon as your responsibility to be informed.

The rules and policies of your HOA is all in there.

Former HOA President

TimB4 (Tennessee)
Posts: 21,059

Posted:

If your Association is like mine, they might not have such a policy and simply wing it.

Yes, it would be a record of the association you could request.
Make sure you send such requests with verification of receipt if your Association doesn't always respond.
You would need such proof if you chose your option to go to court.

BillH10 (Texas)
Posts: 1,217

Posted:

Patricia

Since you cited TPC 82.1141 (m), your inquiry involves a condominium. It has been our experience that condominiums, especially small ones, do not always have documented processes and procedures such as one may find in the records of a TPC 209 HOA.

Your inquiry may be the first the association has ever received, or, as Tim suggested, they may have just had to 'wing' it if such a request was received in the past.

We specialize in managing small condominium clients in the DFW Metroplex. With one exception, none of our clients has a documented and filed process or procedure which would be responsive to your request. That document exists for that client as it was necessary to create it to address an issue created by an owner. Its creation and filing certainly provided an easy to understand/easy to follow process for the association and the owner in addressing her issue.

I believe the answer to your question is Yes, you may request the records you are seeking under 82.1141. The declaration of the association may contain similar language. Many do.

If the records/process/procedure do not exist, that is an issue. You may wish to ask to meet with the Board in executive session to understand how they plan to respond to your request.

PatriciaB21 (Texas)
Posts: 2

Posted:

Thank you, Bill for your response.

One further question: I have searched the CCRs and By-laws and found no "official" policy/procedures for dispute/protests from a member home owner (non-condo). If the HOA has an "internal" non-published guidance on processing dispute/protests, can I still request this information under Section 82.1141 and TX Residential Property Owners Protection Act 209.005? If I can request and there is none, does the HOA still have to respond in the negative?

Background: It took from Jan 2023 to July 2023 to get the HOA to make a reply to my dispute/protest. It took from July 2023 to Sept 2023, to get the HOA to issue their "final" decision. It seemed to me that this was way outside any considered "norm" on the HOA's part and perhaps I should pursue this by asking for the HOA's criteria for adjudicating disputes/protests.

BillH10 (Texas)
Posts: 1,217

Posted:

Patricia

Is your association organized under TPC 209 as a HOA, or TPC Chapter 82 as a condominium? You can only cite references to the documents under which your association is organized. In either case, but especially a TPC 209 HOA, your association should have a formal, documented, and filed "Process for Requesting Records of the Association" (or some such title).

As for association records which potentially affect the owners, I personally believe any association records should be provided upon request, or access should be provided, regardless of how formally or informally the request process is constructed (if it is at all), is incorporated into the documents of the association, whether or not it is filed with the Clerk of the County, etc. This excludes, of course, those which must be kept private for legal reasons/attorney-client privilege type situations when the matter is not yet resolved, or there are other valid and justifiable reasons for redaction, etc.

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