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