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HOA Board of Directors advice

1,938 Views | 10 Replies | Last: 3 mo ago by Sea Speed
alk1059
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AG
Hi TexAgs network!

Class of '03 here.

Question: Is the HOA Board of Directors required by law to provide us (the condo owners) a list of the other owners for the properties so that we may vote via proxy?

Background:
I bought a condo last year which has an HOA. The HOA has a Board of Directors, which long story short, we are interested in voting out and changing who sits on the board.

However we didn't have a majority attend the board meeting this year as most people that live here are renters, not owners. At the meeting they did not give us a list of owners for the HOA so we could gather the troops and vote them out. According to Texas Property Code online, every board meeting should provide a list of owners, but since this is my first HOA I was unsure if this was true enough to go back to them and ask for it. Does anyone know if legally they are required to give us the list so we have a chance to vote via proxy? BTW-they didn't give me the bylaws either, I had to get those through another means, so yes they are making mistakes.

Here is the reference: https://guides.sll.texas.gov/property-owners-associations/meetings-voting

Question again: Is the HOA Board of Directors required by law to provide us (the condo owners) a list of the other owners for the properties so that we may vote via proxy?

Thanks TexAgs!

Andrea Knight '03
ABATTBQ11
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AG
Pretty sure the answer is they have to give you a list. The relevant law is linked in what you provided, so I would ask for one. If they refuse, make them state their case on why they think they don't have to. If you disagree with that reasoning, get a lawyer.
YellAg2004
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I have no idea if they're required to or not. I was the president of our condo HOA for longer than I care to admit, and I don't recall us ever providing that. However, we also weren't ever asked for it.

One item to note, the rules governing condo HOAs are different than those that govern single family HOAs. You need to look at the Texas Uniform Condominium Act (TUCA). There are differences between the two and most attention or articles you find online are generally directed towards single family HOAs.
P.H. Dexippus
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Could you get the information from the local CAD records or open records request?
Ryan the Temp
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P.H. Dexippus said:

Could you get the information from the local CAD records or open records request?
That's what I did.
62strat
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Whether or not you are entitled to that information, what exactly would you do with it? Do you know what vote by proxy is? It doesn't mean you contact some stranger and tell them to let you proxy vote for them. The homeowner is the one who chooses, or designates someone to vote for them, usually someone they know. These other owners may not agree with you on leadership so to cold contact them and say hey designate me as your voter is kind of weird.

The owners are getting the voting documentation in the mail. If they wanted to vote by proxy, they would sign it and send it in with a designee.

My HOAs proxy form for reference;



Also, I only know our BOD, but the people are staggered. Not all 5 of us are up for reelection every year, and I don't believe we can just force them all out unless we have 5 to replace them.



TxAg20
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I think it's pretty clear the OP wants owner information so that they can encourage absentee owners to participate in HOA board elections personally, or by proxy.

I have no idea who you are or what you're like in-person, but assuming someone doesn't understand how voting by proxy works is stereotypical HOA board member arrogance.

Andrea, have you already tried looking at the county appraisal district website public ownership info?
alk1059
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Great, I found Rockwall and can search by address and get a name through local CAD records. That is farther than I was for sure, however, is there a list of everyone or do I need to go one by one? Also anyway to get an email or phone number? I didn't see it in the search results. Thanks for the advice so far!

Andrea
Class of '03
62strat
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TxAg20 said:

I think it's pretty clear the OP wants owner information so that they can encourage absentee owners to participate in HOA board elections personally, or by proxy.

I have no idea who you are or what you're like in-person, but assuming someone doesn't understand how voting by proxy works is stereotypical HOA board member arrogance.



Their question is pretty clear, they even asked twice

Is the HOA Board of Directors required by law to provide us (the condo owners) a list of the other owners for the properties so that we may vote via proxy?

'Provide me the list of owners so I can vote for them'
is how I read that.

Encouraging owners to vote doesn't equate to 'vote so we can replace the board' which is clearly what the op is trying to do.

Timber08
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I'm on an HOA board and we don't automatically get great info either. The only thing we have for every address is a name from closing and the address to the property which you already have. To say, it probably will save you some time to just skip working with an uncooperative board.

For the additional contact info, I would be very hesitant to hand that out as I think when residents gave us that they had some expectation we wouldn't give that to anyone who asked. I certainly don't want to hear from the "crazy neighbor" about neighborhood stuff after the HOA gave out my phone number. If someone demanded it, our board would ask a lawyer to advise.

Good luck, HOAs are awful!
Sea Speed
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Look at Facebook and LinkedIn as a start, or just Google their names. I've found property owners this way.
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