How to Get Your HOA's Records (§ 209.005)

When your HOA says you broke a rule, its own records, such as inspection notes, photos, and board discussions, often decide the case. Texas law gives you the right to see them.

Your right to the records

An owner may examine an association's books and records and get copies of information in them (§ 209.005(c)). Your designated agent, attorney, or certified public accountant can also make the request for you.

How to ask: in writing, by certified mail

Send a written request by certified mail to the mailing address of the association, or of its authorized representative, listed in the HOA's most recent management certificate (§ 209.005(e)). The request must say whether you want to inspect the records before getting copies, or want copies sent to you, and it should identify the records you want.

The 10-business-day deadline

On or before the 10th business day after it receives your request, the HOA must provide the records or make them available (§ 209.005(e)). If it can't meet that deadline, it must tell you so in writing and give a date, no later than the 15th business day after that notice, by which the records will be produced (§ 209.005(f)).

Costs

The HOA can charge for compiling and copying records, but only under a records production and copying policy the board has adopted and recorded (§ 209.005(i)).

What the HOA can withhold

An HOA doesn't have to release an individual owner's violation history, personal financial information, most contact information, or employee personnel files unless the owner concerned approves in writing or a court orders release (§ 209.005(k)–(l)). You can approve the release of your own records, and your HDE letter does that for you.

If the HOA won't comply

An owner who is denied access to records can petition the justice court, which can order access and award court costs and attorney's fees (§ 209.005(n)). Before filing, you must give the HOA advance written notice (§ 209.005(p)).