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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102145
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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After an HOA board meeting, how long can the board wait before

Customer Question

After an HOA board meeting, how long can the board wait before distributing minutes of the meeting to home owners
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Ely replied 2 years ago.
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.
Customer: replied 2 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?
Expert:  Ely replied 2 years ago.
Thank you.
There is no law that the minutes must be distributed.
However, one can request said minutes under TWO doctrines.
Sec. 209.005 of the Texas Property Code allows Association members to request records of the Association.
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.
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