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BasilH (Texas)
Posts: 8
Posted:
I am a newly appointed member of the HOA Board in a small community. I researched the Texas Attorney General web site and I felt a Texas not-for-profit Incorporated HOA was requried to comply with the Open Meeting Act and the Public Inforamtion Act including taking the requried training on both. The HOA managment company and the HOA lawyer are telling me we are not. I called the Texas Attorney General's hotline and they tell me we are to comply. All meetings are closed and not announced to the memebrship except the annual meeting for elections.

Any comments on what is correct in this situation.
MichaelK11 (Texas)
Posts: 432
Posted:
I am not aware of open meeting laws in Texas. (In what part of Texas is your HOA? How big is it?)

Your community might benefit from open meetings; why not simply make a motion a the next Board meeting to announce all Board meetings to the Membership and allow open attendance?

Do you have an email list for many members by which you can send such notices? Signs at the entry ways? Web site?
BasilH (Texas)
Posts: 8
Posted:
Houston metro area with 934 lots/homeowners.

No notices, no signs at entry way, no web site, mettings held in building behind a locked gate, nothing.

I think current BOD and managemnt company like it this way because they do not take to kindly to someone attending meetings to voice concerns. The neighboorhood is full of chronic deed restriction violators and has really gotten trashy over the past few years. I joined BOD to try to initiate change and hopefully clean up the neighboorhood but it looks like a lost cause at least intially.
BasilH (Texas)
Posts: 8
Posted:
Houston metro area with 934 lots/homeowners.

No notices, no signs at entry way, no web site, mettings held in building behind a locked gate, nothing.

I think current BOD and managemnt company like it this way because they do not take to kindly to someone attending meetings to voice concerns. The neighboorhood is full of chronic deed restriction violators and has really gotten trashy over the past few years. I joined BOD to try to initiate change and hopefully clean up the neighboorhood but it looks like a lost cause at least intially.
DanielH1 (California)
Posts: 482
Posted:
I can't say in your case but many Open Meeting Acts and the Public Information Acts only apply to government entities, not HOAs.
PhilipL (Florida)
Posts: 16
Posted:
Doesn't your association have any documents giving guidelines? Documents such as the Covenants and Deed Restrictions, BY-Laws, Articles of Incorporation or Rules and regulations. The Covenants should define this issue. In Florida, the state has Florida Statutes governing the running of Home Owner Association's. In my association, all members have the right to attend Board meetings, but not speak (unless asked) and to attend all general meetings for the membership where the members are allowed to speak and voice their opinions or complaints.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Basil,

Unless the Open Meeting Act you are referring to is explicitly for HOAs it does not apply -- it most likely only applies to public bodies, i.e. City councils, school boards, etc. In AZ there are two -- one specific to public bodies and one specific to HOAs. The AG's hotline most likely only addresses the Open Meeting Act that applies to public bodies.
LynetteB (Texas)
Posts: 141
Posted:
Look up Texas Statutes, Government Code, 5.551.
Section 0015. CERTAIN PROPERTY OWNERS' ASSOCIATIONS SUBJECT TO LAW.

If your Association meets the requirements listed then it is subject to this chapter in the same manner as a governmental body.

IMO an Association Board should conduct business openly as much as possible anyway. I would worry if mine did not. Where I live, we do not meet the requirements listed in Section 0015, due to population, but we still post board meeting dates and time, and members are welcome to attend. (they usually don't though).

One of our neighboring sub-divisions that is much much larger than ours, does not follow open meeting practices.

Your Board should be running the meetings and not the management company or lawyer. Is your Association still under developer control or are you past that? What do your documents say? What do the other board members want?
BasilH (Texas)
Posts: 8
Posted:
I did look up Texas Statutes, Government Code, 5.551.
Section 0015. CERTAIN PROPERTY OWNERS' ASSOCIATIONS SUBJECT TO LAW.

and our Association meets the requirements listed so I felt we were subject to this chapter in the same manner as a governmental body. A call to teh Attorney General's hitline twice talkeng with 2 different people told me the HOA was requrie to meet the Open Meetings guidelines. The lawyer gave 2 exclusions in the law which exempted us.

"Your Board should be running the meetings and not the management company or lawyer. Is your Association still under developer control or are you past that? What do your documents say? What do the other board members want? "

Board was 2 homeowners for several years and in January 2010 me and 2 others volunteered and were appointed. I am trying to get the Board to start running the meetings but am jousting with the Managment Compnay Rep who is doing a poor job IMO and the lawyer. Trying to educate myself on what we should really be doing. This is 30 year old HOA which has been built out for years and 100% homeowners on Board. Limited budget and a lot of chronic deed restriction violators. I want to begin a clean up movement but also make sure we are doing things right and do not have a high degree of confidence in the Managment Company or Lawyer at this point. They may be right in some areas but I am not sure.
LynetteB (Texas)
Posts: 141
Posted:
I may be way off base, and I apologize ahead of time if that is the case, but:

I think you should obtain a copy of the Management Companies contract with the Association. IMO, you could try using "honey" with this management company to learn as much as you can from them. Sounds like they have been there a while. Once you, and the rest of your board have educated yourselves on the ins and outs of running an Association, you will be better prepared to convince the Management Company of how you expect things to be run.
A 30 year old association should be having regular elections and not go on for several years with only 2 board members followed by an appointment of 3 others. Sounds like you have a lot of work cut out for you. Take baby steps. Start creating a list of the things that need accomplished, and prioritize it. Study your Documents forward and back until you know them better than anyone. Learn the laws that pertain to Associations and be prepared when trying to "sell change".
With the amount of members you have, hopefully you will be able to get help. What % of members would you guess to be upset about not being able to attend meetings? IMO, creating a board that can take control and run their own meetings would be higher priority.

I would like to hear what the 2 exclusions were that the lawyer gave you.

Are you paying for that lawyer. Sounds like he/she is heavily involved. Better check to see if they are cutting their own checks everytime they speak to you. We can't even asks a simple question to ours without a fee.

RobertR1 (South Carolina)
Posts: 5,164
Posted:
Good post Lynette,
You are digging fertile ground and close to the core of what is going on, I suspect.
There are several things that need to be understood that have come out in these posts. Basil has a couple of different discussion topics on the Board.

I know I am from SC and can't imagine the vastness of Texas, except when I drive through it, but Basil presents his association to be rather small, and posts here there are 900 plus units. I think I have this right, if not I apolgize Basil. Then we learn the association is over 30 years old and they have been operating with a 1 or 2 man board. They have a management company and a lawyer that must be getting paid, as you pointed out. 900 plus units means property spread out and that means roads, and street light, etc, etc, etc. Who maintains all this, that cost money, something Basil says they cannot raise because of covenant restrictions. Now if I read this right, and I am not noted for my attention to detail, there is a considerable budget being generated and more to the point has been generated over time. Are there records of this HOA Business, I expect this is all done by the M/C. Who else is on the payroll, got any idea of salaries involved or ever looked at any financial accounting ledgers? Do you have elections at an annual meeting? How does that work?

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