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Guides · How the association is run

How do I look at the association’s records?

Send a written request by certified mail to the Association’s mailing address or authorized representative listed in the management certificate. Say in enough detail which books and records you want, and whether you want to inspect them or copy them. An agent, attorney or CPA can make the request for you if you designate them in writing.

The Association may estimate the cost of responding, and it will require you to pay that estimate before it provides the records. The costs may not exceed what Texas Administrative Code Section 70.3 allows. If the estimate turns out higher than the final invoice, you are entitled to a refund.

Within ten business days of receiving your request, the Association must give you the copies, or offer inspection dates, or tell you in writing it cannot do so in that time. In that last case it must give a date within an additional fifteen business days, or say that after a diligent search the records are missing.

Attorney files are excluded, apart from invoices requested under the Property Code. If a document in an attorney’s file is responsive and the Association has no separate copy, it has to be produced from the attorney’s file.

That is a summary in plain words. The passages below are what the documents actually say, and they are the authority.

What the documents say

  1. Texas statutes presently render null and void any restriction in the Covenant which restricts or prohibits the inspection, copying and/or retention of association records and files in violation of the controlling provisions of the Texas Property Code

    Community Manual Base, Attachment 5, NoteRead page 34 in the document

  2. An Owner (or an individual identified as an Owner's agent, attorney or certified public accountant, provided the designation is in writing and delivered to the Association) may submit a written request via certified mail to the Association's mailing address or authorized representative listed in the management certificate to access the Association's records.

    Community Manual Base, Attachment 5, §2Read page 34 in the document

  3. The written request must include sufficient detail describing the books and records requested and whether the Owner desires to inspect or copy the records.

    Community Manual Base, Attachment 5, §2Read page 34 in the document

  4. the Association may estimate the costs associated with responding to each request, which costs may not exceed the costs allowed pursuant to Texas Administrative Code Section 70.3

    Community Manual Base, Attachment 5, §2Read page 34 in the document

  5. Before providing the requested records, the Association will require that the Owner remit such estimated amount to the Association.

    Community Manual Base, Attachment 5, §2Read page 34 in the document

  6. If the estimated costs exceeded the final invoice amount, the Owner is entitled to a refund

    Community Manual Base, Attachment 5, §2Read page 34 in the document

  7. Within ten (10) business days from receipt of the written request, the Association must either: (1) provide the copies to the Owner; (2) provide available inspection dates; or (3) provide written notice that the Association cannot produce the documents within the ten (10) business days along with either: (i) another date within an additional fifteen (15) business days on which the records may either be inspected or by which the copies will be sent to the Owner; or (ii) a notice that after a diligent search, the requested records are missing and cannot be located.

    Community Manual Base, Attachment 5, §3Read page 34 in the document

  8. Attorney's files and records relating to the Association (excluding invoices requested by an Owner pursuant to Texas Property Code Section

    Community Manual Base, Attachment 5, §6Read page 35 in the document

  9. If a document in an attorney's files and records relating to the Association would be responsive to a legally authorized request to inspect or copy Association documents, the document shall

    Community Manual Base, Attachment 5, §6Read page 35 in the document

  10. Hidden Trails Community Association, Inc., c/o CCMC, 8360 E Via de Ventura, Suite L100, Scottsdale, Arizona 85258

    Amended and Restated Management Certificate, Item 5Read page 1 in the documentscan

This guide was written from the copies in this archive. Documents can be amended after they are recorded, and this is not legal advice; the recorded instruments at the Comal County Clerk are the authoritative versions.