Texas House passes out Homeowners Association Open Governance Bill – H.B. 2761

AUSTIN, TX – May 5, 2011 – (RealEstateRama) — H.B. 2671 by State Representative John V. Garza, of San Antonio, will make Home Owners Associations subject to Open Meetings, Open Records and utilize the State’s Record Retention Policy.

The Bill requires Home Owners Associations to comply with Open Meetings requirements modeled off of the Open Meetings Act. Votes taken in non-complying meetings will be voidable by law. HOA’s will have the authority to meet in executive session to discuss certain matters, such as pending litigation, personnel and contract negotiations, but clear agenda’s must be posted for these meetings and minutes taken, like local governments must.

The Bill also requires HOA’s to retain records in accordance with the Texas State Library and Archives Commission Record Retention Schedule. This records retention schedule is used by the State of Texas and other local governments to ensure accessibility of public records.

The Bill also establishes a procedure and timelines by which homeowners, their attorney’s, CPA’s and designated agents may be provided copies of records or allowed to inspect original records. Fees for copies of records must be reasonable and tailored to be pass through fees only.

“By ensuring opening meetings, records retention and standardized inspection timelines we will achieve uniformity and establish in statute the right of Texas homeowners to open governance of their property owners’ associations,” said Representative John V. Garza.
“Many property owners’ associations have extensive powers, including the power to make assessments, enforce land use regulations, contract on behalf of their members, sue and be sued on behalf of their members, foreclose on residential homesteads, maintain streets and facilities operate security services, and perform other such functions. Given the potential consequences of an association’s decision-making regarding the exercise of such powers, it is reasonable to expect an association to adhere to open meetings practices, reasonable recordkeeping and open access to such records.” said Representative John V. Garza.
The TSLAC Records Retention Schedule can be found at:
http://www.tsl.state.tx.us/slrm/recordspubs/rrs3.pdf

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MORE INFO ABOUT REP. JOHN V. GARZA:
John V. Garza represents Texas House District 117, which is located in far west and southwest Bexar County. His parents USAF S/SGT Arthur and Maria D. Garza were originally from the Westside of San Antonio. As a military family, the Garza’s traveled extensively and globally before finally settling back to their Westside San Antonio home in 1967. Rep. Garza graduated from Edgewood ISD’s John F. Kennedy High School in 1973. He then attended The University of Denver where he received his Bachelor’s degree in Mass Communication in 1977. John married a South San West Campus graduate, Debra A. Garza, in 1980 and has raised five children. He is also the proud grandfather of two grandchildren. The Garza’s currently live and work in District 117 and have always been active in serving and ministering to families in their community.

By: Rep. Garza, John V.

Contact:
Room E1.512, Capitol Extension
P.O. Box 2910
Austin, TX 78768
(512) 463-0269
(512) 463-1096 Fax

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