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HOA - Open Records Act

2,998 Views | 9 Replies | Last: 6 yr ago by frorge
ForeverAg
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AG
I am about to send an Open Records request to my HOA.

Am I allowed to see the names of who voted for who in recent board elections (not to sound trumpish here, but I feel the voting might have been rigged)

What limits will I have in terms of looking at the HOA income statements, and financial transactions that have taken place? Our HOA has a surplus of 30K, yet our balance statement each year shows 0 at the end of the year.
NYAG08
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you have the right as paying HOW member under TX property code to all HOA financial books and records. Presume that would include voting.
histag10
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AG
it would seem wrong to be able to see who voted for who. Seems it could lead to someone who lost being able to retaliate against those who didnt vote for them.

Maybe thats just me though.
jopatura
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AG
You might be able to see what homeowners assigned proxies and who the proxies voted for. At least in our HOA, the in-meeting voting by regular homeowners is anonymous. We check into the meeting, are given one ballot per household, then check out when we turn in our ballot.

Our elections aren't particularly contentious though and usually only one person is running for any given open position.
HTownAg98
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I swear that I read a recent Texas Supreme Court decision that addressed this issue, but I can't remember what they said.
AggieAces06
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AG
Voting is supposed to be keep for records, but I don't know that you will find out who voted for who. Our HOA doesn't put names in the ballots. The ballots are kept, but there is no way to know whose is whose.
Keeper of The Spirits
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AG
Is an HOA subject to an open records request?
HTownAg98
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Yes. Like others have said, you should be able to inspect the results, but not who voted for whom.
ForeverAg
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AG
Does the request have to come via Certified letter, or is an email fine. The HOA recognized receiving the request, however they say only a certified letter counts. Any truth or am I still being trolled by the HOA. .
Martin Cash
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AG
ForeverAg said:

Does the request have to come via Certified letter, or is an email fine. The HOA recognized receiving the request, however they say only a certified letter counts. Any truth or am I still being trolled by the HOA. .
It has to be in writing, but doesn't have to be certified mail. They are FOS. Most state agencies consider an email to be 'in writing' but HOA a-holes may not.
frorge
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AG
Last fall we moved into an HOA neighborhood. Payed this years dues in January.

Long story short - Existing neighborhood that was being expanded. The HOA management was taken over by the builder while new homes were being built. The builder now has less than 10% of homes left to be sold, so per documents I've seen they are supposed to hand control back over to the residents.

There is push back on the side of the builder and the current management group. Also, there is lots of confusion and "shady-ness" on where and how the dues are being spent.

I'm brand new to an HOA and not sure where or how to proceed to make sure our dues are being spent correctly and legally. As well as how the transition back to the residents works.

Could y'all give help out on how we should proceed as a neighborhood?
Folks on Nextdoor are trying to get moving but most of the residents are as new to this as me and we could use some direction.

Also, this is a small neighborhood out in the country. Cheap $100/year HOA basically just to maintain the entrance signage and prevent my neighbor from running cattle on his property. The basic thinking from everyone I've spoken with is they want minimal HOA interference and to let us just do our own thing. The main concern at this point is that we don't trust that the building is using our HOA funds as their own.
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