Get 1 year of free community web site hosting from Community123.com!
Thursday, May 28, 2020











HOATalk is a free service of Community123.com:

Get 1 free year community website and email newsletter hosting from Community123.com!
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Texas: Can a Board discuss deed restriction violations in open session
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
RogerJ1
(Texas)

Posts:103


05/07/2020 8:18 AM  
In Board meetings, can a Board discuss violations during the open session, or does it have to be done in executive session in Texas?

And if one would cite any applicable law that would be extremely helpful.
RogerJ1
(Texas)

Posts:103


05/07/2020 8:29 AM  
Added note: Based on the Texas Property Code it seems that violations in general have to be discussed in the open session.  Only the "enforcement actions" are to be discussed in Executive session. See below.

So a board would be required to discuss violations, prior to enforcement action, in the open session, yes/no?

Sec. 209.0051. OPEN BOARD MEETINGS.   

(c) Regular and special board meetings must be open to owners, subject to the right of the board to adjourn a board meeting and reconvene in closed executive session to consider actions involving personnel, pending or threatened litigation, contract negotiations, enforcement actions, confidential communications with the property owners' association's attorney, matters involving the invasion of privacy of individual owners, or matters that are to remain confidential by request of the affected parties and agreement of the board.  
BillH10
(Texas)

Posts:495


05/07/2020 9:33 AM  
Roger

Can you expand a bit?

In the association in which we reside, I am the president. During Board meetings the PM or I will summarize outstanding violations and state they are being addressed as is required in the Out of Compliance Process which is in place in the Association. I also summarize delinquent account information and the Collection Process in the same way.

Frankly, the Board should seldom find the need to have a discussion in ES if the processes are in place and are followed. In our collection process, we can agree in the open meeting to invoke the out of compliance fine structure or refer a delinquent account to the attorney or whatever, so long as the lot/owner are not identified.

It is very appropriate to hold a discussion in an open meeting as to why there is an uptick in the number of violations of a particular rule. It is also appropriate in an open meeting to discuss modifications to rules, regulations, and the compliance process itself.

However, discussions regarding specific lot owners take place only in ES. Sometimes a Board member may not be familiar with a particular compliance issue, those are discussed openly so long as the privacy of the owner is respected.

BenA2
(Texas)

Posts:707


05/07/2020 12:10 PM  
Yes they can and must discuss violations in an open meeting unless they are discussing an enforcement action. If they are discussing an enforcement action, they MAY go into executive session, but it's not required. This is assuming you are not a condo association as section 209 does not apply to condos.
RogerJ1
(Texas)

Posts:103


05/07/2020 12:31 PM  
Posted By BillH10 on 05/07/2020 9:33 AM
Roger

Can you expand a bit?





A board member was wondering if okay to discuss violation process/examples without naming people etc. in open meeting.
GeorgeS21
(Florida)

Posts:2681


05/07/2020 12:39 PM  
In Florida all discussion - except employee/personnel and litigation - is in open session.

We commonly discuss, by address, violations and fining.
RogerJ1
(Texas)

Posts:103


05/07/2020 12:41 PM  
Thanks for both answers.
RogerJ1
(Texas)

Posts:103


05/07/2020 12:55 PM  
All answers - thanks.
MelissaP1
(Alabama)

Posts:9306


05/07/2020 3:18 PM  
We always referred to their Lot #'s never person's name. That pertained to violations, collections, and complaints. It is a board meeting after all that others may attend. The issues have to be discussed somehow.

We were always open in our meetings. Behind the scenes stuff never flew with me.

Former HOA President
RogerJ1
(Texas)

Posts:103


05/07/2020 4:33 PM  
Posted By MelissaP1 on 05/07/2020 3:18 PM
We always referred to their Lot #'s never person's name. That pertained to violations, collections, and complaints. It is a board meeting after all that others may attend. The issues have to be discussed somehow.

We were always open in our meetings. Behind the scenes stuff never flew with me.




It was suggested referring to lot #s, but anyone can look up the lot number in our association so what would be the difference as far as identifying people?
MelissaP1
(Alabama)

Posts:9306


05/07/2020 4:39 PM  
Of course you can look that up. It just takes effort. Which how many people do you know puts that in? Plus it sounds more professional. No one can accuse the board of using names or other identifiers other than Lot # which is PUBLIC information.

Former HOA President
GeorgeS21
(Florida)

Posts:2681


05/07/2020 6:28 PM  
Roger ... back to basics. What does Texas statute say?

If it says the information can be discussed in open HOA meeting, then do that.

Even though we could do it by name in Florida, we use addresses ...

We discuss fines for violations, accounts in arrears ... sure, anyone can find out the names. We sometimes have folks attend Board meetings who want to talk about their accounts in arrears and their violations.

Everyone in the community should be aware of violations, accounts in arrears, etc.
GenoS
(Florida)

Posts:3805


05/08/2020 12:49 PM  
Posted By GeorgeS21 on 05/07/2020 6:28 PM
Even though we could do it by name in Florida, we use addresses ...

We do the same. The goal of enforcement is comliance, not punishment. We don't want to publicly humiliate anyone.
JaredC
(Texas)

Posts:259


05/12/2020 8:17 PM  
Yes. Former Texas HOA president here. Absolutely Yes. The only restriction is that no PII (Personally Identifiable Information)can be disclosed. No names, no lot numbers, no gray area anything. Summaries of executive sessions are fine.

IMHO there is a great need to discuss unique and specific issues in an open forum. Just don't name names or give clues that could lead to identification of individuals.
GeorgeS21
(Florida)

Posts:2681


05/12/2020 8:32 PM  
Jared,

Can you provide a citation for the restrictions against PII in Texas?
JaredC
(Texas)

Posts:259


05/12/2020 8:41 PM  
Only said every Texas lawyer ever.

But to be more specific we need to look at Texas Property Code 209.005(k) and generally 209.005 as it pertains to "Association Records"

https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm
JaredC
(Texas)

Posts:259


05/12/2020 8:50 PM  
I gotta be honest here. I'm jaded and cynical. If the law correctly states the sky is blue then some lawyer somewhere will argue it's another color just because they're being paid. I will admit I'm a bit loose with my lips but appreciate the need to backup my position with real, verifiable, factual data.

It's all good. :-)
GeorgeS21
(Florida)

Posts:2681


05/13/2020 10:59 AM  
OK - thanks - however, what does it say?

The statement re attorneys ... do you have citations for this assessment?

Trace it out for us?
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Texas: Can a Board discuss deed restriction violations in open session



Get 1 year of free community web site hosting from Community123.com!

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement