Texas requires open HOA governance: Tex. Prop. Code § 209.0051 makes board meetings open to owners with advance notice, § 209.005 gives owners the right to inspect association books and records, and § 209.00591 protects owners' right to run for and elect the board, voiding covenants that restrict candidacy.
Section 209.0051 provides that board meetings 'must be open to owners,' subject to a right to reconvene in closed executive session for litigation, personnel, and similar matters, and requires notice (mailed 10–60 days before, or posted at least 144 hours ahead for regular meetings); fines, assessments, foreclosures, and budget approval cannot be decided by email or secret vote. Section 209.005 requires an association to make its books and records, including financial records, 'open to and reasonably available for examination by an owner,' generally responding within 10 business days of a certified-mail request. Section 209.00591 provides that 'a provision in a dedicatory instrument that restricts a property owner's right to run for a position on the board' is void, and requires owner-elected directors once 75 percent of lots are conveyed away from the declarant.
No criminal penalty. An association that closes a required open meeting, denies records access within the statutory window, or enforces a covenant restricting candidacy acts contrary to Chapter 209, and an owner may seek a court order to compel compliance. Decisions on fines, assessments, or foreclosure made by secret or email vote are not valid open-meeting actions.
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The Woodlands, TX
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