HOAs in Austin are governed by the Texas Residential Property Owners Protection Act (Property Code Chapter 209). Board meetings must be open to all association members under Section 209.0051. The board cannot vote on enforcement actions, fines, or suspension of owner rights in closed session. Notice of meetings must include date, time, location, and agenda items.
Texas Property Code Section 209.0051 mandates open board meetings for residential subdivision HOAs. Members have the right to attend board meetings, and the board may not consider or vote on the following matters unless done in an open meeting with prior notice: initiation of enforcement actions (excluding temporary restraining orders or health/safety threats), suspension of a particular owner's rights, levying of fines against a particular owner, or appeals from denial of architectural requests. Boards must provide regular and special meeting notices in accordance with the association's bylaws and the Property Code. Meeting minutes must be made available to members upon request within 10 business days. Under Section 209.005, associations must maintain records including meeting minutes, financial statements, and contracts. Owners have the right to inspect these records by submitting a written request, and the board must respond within 10 business days and make records available within an additional 15 business days. Annual meetings are required under Section 209.014, and if the board fails to call one, any member may demand it. Austin does not impose additional municipal regulations on HOA governance beyond state law.
Violations of the open meeting requirements can be challenged by homeowners in court. Under Texas Property Code Section 209.0052, an owner may request alternative dispute resolution if the board took action without proper notice. Courts may void actions taken in violation of the open meeting requirement. Owners may also file complaints with the Texas Real Estate Commission regarding management certificate filing failures.
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