Texas Statewide Rule
Texas HOA Records Request: 10-Business-Day Deadline
Key Facts
- Request method
- Certified mail to address on management certificate
- Response deadline
- 10 business days to inspect or produce copies
- Extension deadline
- New date no later than 15th business day
- Copying charges
- Barred unless a recorded cost policy exists
- Retention (14+ lot HOAs)
- Financial records and minutes kept 7 years
- Remedy
- Justice of the peace petition; fees awardable
- Excluded associations
- Those already covered by the Public Information Act
Summary
Texas Property Code Chapter 209 governs residential subdivision homeowners associations, not condominium associations and not associations that are themselves subject to the Public Information Act. Under Section 209.005, an HOA must open its books and records, including financial records, to any owner who sends a certified-mail request describing what is wanted. The association gets 10 business days to schedule an inspection or hand over copies, and 15 more if it cannot meet that.
(e) An owner...must submit a written request for access or information...by certified mail, with sufficient detail describing the...books and records requested, to the mailing address of the association...as reflected on the most current management certificate filed under Section 209.004. The request must contain an election either to inspect the books and records before obtaining copies or to have the...association forward copies...and: (1) if an inspection is requested, the association, on or before the 10th business day after the date the association receives the request, shall send written notice of dates during normal business hours that the owner may inspect the requested books and records...; or (2) if copies...are requested, the association shall...produce the requested books and records...on or before the 10th business day after the date the association receives the request... (f) If the association is unable to produce the...records requested under Subsection (e) on or before the 10th business day...the association must provide...written notice that:...(2) states a date...not later than the 15th business day after the date notice under this subsection is given.
Full Breakdown
0036 (subsection (b)). 004 management certificate, describing the records sought with sufficient detail and electing either inspection or copies. The association then has 10 business days to send written notice of inspection dates or to produce the copies outright (subsection (e)(1)-(2)); if it cannot meet that window it must send written notice giving a new date no later than the 15th business day after that notice (subsection (f)). Business day excludes Saturdays, Sundays, and state or federal holidays (subsection (q)). 3; absent a recorded policy the association may not charge at all (subsection (i)).
It may demand estimated costs up front and must true up with a final invoice within 30 business days of delivery, refunding any overage or billing any shortfall as an assessment on the same 30-day clock. Off-limits without the affected owner's written consent or a court order: another owner's violation history, personal financial and payment records, non-address contact information, and employee personnel files (subsections (k)-(l)). 008(d) (subsection (d)). Associations with more than 14 lots must also run a document retention schedule: governing documents permanently, financial records and minutes for 7 years, current-owner account records for 5 years, and contracts of a year or longer for 4 years past expiration (subsection (m)).
Violations & Penalties
An owner denied access can petition the justice of the peace for the precinct where any part of the subdivision sits (subsection (n)), but must first send a certified-mail pre-suit notice at least 10 business days before filing (subsection (p)). If the JP finds the denial wrongful, the court can order release, award court costs and attorney's fees against the association, and let the owner deduct that judgment from future assessments (subsection (n)(1)-(3)). A prevailing association instead collects its own costs and fees from the owner (subsection (o)).
Frequently Asked Questions
Which Texas HOAs does Section 209.005 cover?
How do I request HOA records in Texas?
Can my HOA charge me for copies?
What happens if my HOA ignores my records request?
Can my HOA withhold another owner's violation history from me?
Sources
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