Texas HOA Association Records: Tex. Prop. Code 209.005

What the law covers

This section applies to all property owners' associations and controls over other law not specifically applicable to a property owners' association. It does not apply to an association subject to Chapter 552, Government Code, by application of Section 552.0036, Government Code.

A property owners' association shall make the books and records of the association, including financial records, open to and reasonably available for examination by an owner, or a person designated in a writing signed by the owner as the owner's agent, attorney, or certified public accountant. An owner is entitled to obtain copies of information contained in the books and records.

Attorney's files and records relating to the association are not association records, except as provided, and are not subject to inspection or production, subject to attorney work product and privilege exceptions.

The association's governing documents and later amendments may also apply.

Key requirements and limits

An owner or authorized representative must submit a written request by certified mail with sufficient detail describing the books and records requested, to the mailing address on the most current management certificate filed under Section 209.004.

The request must contain an election either to inspect before obtaining copies or to have the association forward copies.

If inspection is requested, the association must send written notice of dates during normal business hours on or before the 10th business day after the date the association receives the request.

If copies are requested, the association must produce the books and records on or before the 10th business day after the date the association receives the request.

If the association cannot produce the records by that deadline, it must provide written notice stating it is unable to produce the information and a date not later than the 15th business day after the notice is given.

Inspection takes place at a mutually agreed time during normal business hours.

The association may produce records in hard copy, electronic, or other format reasonably available.

The board must adopt a records production and copying policy, recorded as a dedicatory instrument under Section 202.006. Charges may include reasonable costs of materials, labor, and overhead but may not exceed costs that would be applicable for an item under 1 T.A.C. Section 70.3. The association may not charge unless the policy is recorded. The association may require advance payment.

Certain records are not required to be released: books or records identifying an individual owner's dedicatory instrument violation history, an owner's personal financial information including payment or nonpayment records, an owner's contact information other than the owner's address, or employee information including personnel files. Information may be released in aggregate or summary form that does not identify an individual owner. These records may be released with the owner's express written approval or by court order.

Associations composed of more than 14 lots must adopt a document retention policy with minimum retention periods, including permanent retention for formation documents and bylaws, seven years for financial books and records and meeting minutes, five years for account records of current owners, four years for contracts of one year or more after expiration, and seven years for tax returns and audit records.

Notice, hearing and deadlines

Written request: sent by certified mail to the address on the most current management certificate filed under Section 209.004.

Association response for inspection or copies: on or before the 10th business day after the date the association receives the request.

Delay notice: if unable to meet the deadline, written notice with a date not later than the 15th business day after the notice is given.

Final invoice: on or before the 30th business day after the date the information is delivered.

Reimbursement of additional amounts: before the 30th business day after the invoice is sent to the owner.

Refund if estimated costs exceeded actual costs: not later than the 30th business day after the invoice is sent to the owner.

Pre-action notice: on or before the 10th business day before bringing an action, send written notice by certified mail, return receipt requested, or USPS with signature confirmation, describing the books and records with sufficient detail.

Business day: a day other than Saturday, Sunday, or a state or federal holiday.

Practical checklist for homeowners

• Read your governing documents.
• Check the most current management certificate filed under Section 209.004 for the correct mailing address.
• Submit a written request by certified mail with sufficient detail about the books and records you want.
• State whether you want to inspect first or receive copies.
• Keep copies of notices and correspondence.
• Check the official text for updates.