Why records requests deserve a written process
Owner requests to inspect association books and records are routine in Houston-area homeowners associations, but they carry firm statutory deadlines. Section 209.005 of Texas Property Code Chapter 209 states that, notwithstanding a provision in a dedicatory instrument, a property owners' association must make its books and records, including financial records, open to and reasonably available for examination by an owner or by a person the owner designates in writing as the owner's agent, attorney or certified public accountant. The owner is also entitled to copies.
Because the section controls over contrary language in the governing documents, a board cannot simply rely on old bylaws that limit access. The practical answer is a written process that the board, the manager and the association's attorney all understand before the first request arrives.
How a valid request is made
The statute puts specific requirements on the owner, too. Under Section 209.005(e), the owner or the owner's authorized representative must submit a written request by certified mail, with sufficient detail describing the books and records requested, to the mailing address of the association or its authorized representative as shown on the most current management certificate filed under Section 209.004. The request must say whether the owner wants to inspect the records first or wants the association to forward copies.
This is one reason the management certificate matters. Section 209.004 requires the association to record a certificate in each county where the subdivision is located listing, among other things, the name and contact information of the person managing the association, and to file an amended certificate within 30 days after a change. If the address on file is stale, requests can go to the wrong place and deadlines can be missed. Boards in Harris, Fort Bend, Montgomery, Galveston and Brazoria counties should confirm that their current certificate is accurate whenever management changes.
The 10-business-day clock
Once the association receives a proper request, Section 209.005(e) sets the response:
- If the owner asked to inspect, the association must, on or before the 10th business day after receiving the request, send written notice of dates during normal business hours when the owner may inspect the requested records.
- If the owner asked for copies, the association must produce the requested records on or before the 10th business day after receipt, to the extent they are in the association's possession, custody or control.
If the association cannot meet that deadline, Section 209.005(f) requires written notice to the requester that it is unable to produce the information by the 10th business day and stating a date, not later than the 15th business day after the notice is given, by which the information will be sent or made available. "Business day" is defined in subsection (q) as a day other than Saturday, Sunday or a state or federal holiday.
Records may be produced in hard copy, electronic or another format reasonably available to the association (subsection (h)). For most Houston associations, a well-organized electronic archive is the fastest way to meet the deadline.
What the association does not have to release
Section 209.005(k) says the association is not required to release or allow inspection of books or records that identify an individual owner's violation history, an owner's personal financial information (including records of payment or nonpayment), an owner's contact information other than the owner's address, or information related to an association employee, including personnel files, except to the extent the information appears in meeting minutes. Information may be released in an aggregate or summary form that does not identify an individual owner.
Those records must still be released if the affected owner gives express written approval or a court orders release (subsection (l)). Separately, subsection (d) provides that an attorney's files relating to the association are generally not association records, with exceptions, and that attorney work product and privileged attorney-client communications do not have to be produced.
A practical approach is to prepare a standard delinquency or violation summary that shows totals by category without names. It answers most owner questions without exposing private information.
Charging for copies: the policy must be recorded
Under Section 209.005(i), the board must adopt a records production and copying policy that sets the costs the association will charge. Charges may include reasonable costs of materials, labor and overhead but may not exceed the costs allowed for an item under 1 Texas Administrative Code Section 70.3. The policy must be recorded as a dedicatory instrument, and the statute is explicit: an association may not charge an owner for compiling, producing or copying records unless that policy has been recorded.
The association may require advance payment of estimated costs. If the estimate was too high or too low, it must send a final invoice on or before the 30th business day after the information is delivered. Additional amounts not reimbursed by the 30th business day after the invoice is sent may be added to the owner's account as an assessment; an overpayment must be refunded within the same 30-business-day window.
Document retention periods
An association with more than 14 lots must adopt and comply with a document retention policy. Section 209.005(m) sets the minimums:
- Certificates of formation, bylaws, restrictive covenants and all amendments: permanently.
- Financial books and records: seven years.
- Account records of current owners: five years.
- Contracts with a term of one year or more: four years after the contract term expires.
- Minutes of owner and board meetings: seven years.
- Tax returns and audit records: seven years.
These minimums also guide what a board should insist on receiving when it changes management companies. Our guide to changing HOA management companies in Houston covers the records handoff.
What happens if a request is denied
An owner denied access to records the owner is entitled to may petition the justice of the peace in a precinct where the property is located. Under Section 209.005(n), the court may order the records released, award court costs and attorney's fees, and authorize the owner to deduct the award from future assessments. If the association prevails, subsection (o) entitles it to court costs and attorney's fees. Before filing, the owner must send written notice of intent to sue at least 10 business days in advance, by certified mail or signature-confirmed delivery (subsection (p)).
Few boards want a justice-court dispute over records that could have been produced in an afternoon. Meeting the deadlines is almost always the cheaper path.
A board checklist for records requests
- Confirm the management certificate on file in each county lists the correct mailing address and manager.
- Adopt and record a records production and copying policy before charging for any request.
- Adopt the document retention policy if the association has more than 14 lots.
- Log each request on the date received and calendar both the 10th and, if needed, the 15th business day.
- Decide in advance who reviews responsive records for owner-confidential information.
- Keep minutes, budgets, financial statements and contracts in a searchable digital archive.
- Send a written response even when the answer is "we need more time," using the statutory notice.
For sample policies and forms, see these free board templates for Texas boards, and the Texas HOA and condo law overview for a broader summary of the statutes.
Where Protige fits
Protige's financial management and board support services keep records, minutes and financial packages organized so a records request becomes a routine task rather than a scramble. If your board manages a Houston-area HOA or townhome association and wants help building this process, contact Protige or request a proposal.
Related: Chapter 209 board basics.