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After an HOA board meeting, how long can the board wait before…

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After an HOA board meeting...
After an HOA board meeting, how long can the board wait before distributing minutes of the meeting to home owners
Submitted: 3 years ago.Category: Real Estate Law
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Answered in 1 minute by:
5/21/2015
Real Estate Lawyer: Ely, Counselor at Law replied 3 years ago
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103,583
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
Is the distribution per a REQUEST of an owner?
Or does the HOA simply distribute the minutes voluntarily?
Also, is the HOA a formal non-profit?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
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Customer reply replied 3 years ago
It is a not-for-profit HOA, as far as I know, for the 26-unit condo in Texas. If the State of Texas does not require minutes of each annual Board Meeting be distributed voluntarily to homeowners, then I will request them. If, by request, when are they required to provide same? Is the answer different from voluntary distribution?
Real Estate Lawyer: Ely, Counselor at Law replied 3 years ago
Thank you.
There is no law that the minutes must be distributed.
However, one can request said minutes under TWO doctrines.
HOA RECORDS
Sec. 209.005 of the Texas Property Code allows Association members to request records of the Association.
NON PROFIT OPEN RECORDS
Sec 22.351 of the Texas Business Organizations Code allows a member to inspect records of that non profit including minutes. See here for a sample letter (automatic download).
In either case, the records are to be provided within a REASONABLE time, which means 30 days at most in most cases.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
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