Open Meeting Requirements for Homeowner Associations : Understanding Texas Property Code Section 209.0051
Does your homeowner association make major decisions without any input or accountability being held? Can the Board of Directors make such decisions during a closed executive session?
In Texas, homeowner associations (HOAs) play a significant role in managing and maintaining residential communities. One of the key legal requirements that govern HOAs is Texas Property Code Section 209.0051, which outlines the open meeting requirements that associations must follow. Understanding these rules is essential for both HOA board members and homeowners to ensure transparency and compliance with state law.
What is Texas Property Code Section 209.0051?
Texas Property Code Section 209.0051 is a provision within the Texas Residential Property Owners Protection Act that mandates open meeting requirements for HOAs governing subdivisions. This law is designed to promote transparency and homeowner participation in association decisions.
Key Open Meeting Requirements
Board Meetings Must Be Open to Homeowners
HOA board meetings must generally be open to all homeowners, allowing them to observe discussions and decisions that affect the community. This requirement ensures transparency and fosters homeowner engagement.
Notice Requirements
HOAs must provide homeowners with advance written notice of board meetings. The notice must include the date, time, location, and general subject matter of the meeting. Notices should be provided at least 144 hours (six days) in advance for regular board meetings and at least 72 hours (three days) in advance for special meetings.
Matters Requiring an Open Meeting
HOAs must hold open meetings for discussions and decisions related to:
- Adoption or amendment of homeowner association rules, bylaws, or regulations
- Approval of the annual budget and financial expenditures
- Assessment increases and special assessments
- Election of board members and appointment of officers
- Major contracts or agreements affecting the community
- Changes to architectural guidelines or community standards
- Any other matter that requires a vote by the board, unless it falls under executive session exceptions
Permissible Closed Sessions (Executive Sessions)
While most HOA board meetings must be open, certain topics may be discussed in a closed executive session. These include:
- Pending or anticipated litigation
- Contract negotiations
- Enforcement actions against homeowners
- Personnel matters
- Consultation with the association’s attorney.
After an executive session, any decisions made must be summarized in the open meeting minutes without disclosing confidential details.
Electronic and Telephonic Meetings
HOAs may hold board meetings electronically or via teleconference, provided they comply with the notice requirements and allow homeowners to listen in or participate as required by law.
Meeting Minutes and Record-Keeping
HOAs must keep written minutes of open meetings, documenting decisions and discussions. Homeowners are entitled to review these records upon request, ensuring continued accountability and transparency.
Why This Matters to Homeowners
For homeowners, understanding Section 209.0051 is crucial because it guarantees their right to stay informed and engaged in community governance. It ensures that HOA boards cannot make major decisions in secrecy and provides an opportunity for residents to voice concerns and opinions.
Compliance and Enforcement
Failure to comply with Texas Property Code Section 209.0051 can lead to legal challenges and disputes between homeowners and the HOA board. Homeowners who believe their HOA has violated open meeting laws may seek remedies under state law, including legal action if necessary.
Texas Property Code Section 209.0051 is an important safeguard for homeowners, promoting transparency and accountability in HOA governance. Whether you are an HOA board member or a homeowner, understanding these open meeting requirements helps ensure that decisions affecting your community are made fairly and in compliance with the law.
If you have questions about HOA meetings or need legal guidance on HOA-related matters, consulting with a qualified attorney can help you navigate your rights and obligations effectively.
Dallas Texas HOA Attorneys
Nacol Law Firm P.C.
(972) 690-3333
Texas Homeowner’s Association: Appealing HOA Fines and a Realistic Result
Texas Homeowner’s Associations can be difficult to deal with. If an individual needs to file a suit due to arbitrary or capricious actions, it is important to know your rights prior to filling any suit.
Texas Property Code § 209.007 allows for dispute resolution and appeal to the board of directors if there is an improper fine due to an alleged offense of the Rules and Regulations of a residential residence.
The HOA shall conduct the hearing not later than 30th day after the date the Board receives owner’s request for a hearing.
At the hearing an individual will have the opportunity to verify the facts and allegations actions that lead to the fine or violation. Furthermore, the homeowner will have an opportunity to rescind the fine, justify any action, or ask for clemency.
This is a convenient and cheaper way to attack an unlawful or improper fine, but usually it is unhelpful.
If a Board or a management company, which is normally an agent of the Board, fines an individual then an appeal will be a waste of time. Likely, Board members will not care enough, nor listen to a homeowner’s complaints regarding violations. Texas Property Code § 209.007 was passed by Texas Legislature in a misguided attempt to promote resolution as an alternative dispute process.
HOA Boards and HOA Management companies do not entertain appeals and the appeal is usually worthless. It is a waste of money to hire an attorney to represent you in this ordeal because the judge and jury are the Board Members that fined you in the first palace. Usually, the President of the HOA board is a “Karen” that has nothing better to do than get involved in other people’s business.
Filing an appeal, though worthless does have one added benefit. It gives you time to find a lawyer before the fine becomes permanent. It is not needed to hire a lawyer to represent you in the appeal and anything you say at the appeal will likely be recorded by the HOA and used against you if a suit is filed. HOA Board members usually do not know the law, procedure, or the property code, thus these appeal hearings are shams to give the illusion that you are being heard.
If you are being fined by the management company or HOA best thing to do is file suit or send a demand letter.
Dallas Texas HOA Attorneys
Nacol Law Firm P.C.
(972) 690-3333
NACOL LAW FIRM P.C.
8144 Walnut Hill Lane
Suite 1190
Dallas, Texas 75231
972-690-3333
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Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization