Property owners' associations have several essential documents that define the operating rules and restrictions for the association and the homeowners. The exact document titles may differ, but the functions they serve will be mostly the same.

Collectively, these documents are often called "dedicatory instruments" or "governing documents."

• Articles of Incorporation. For incorporated associations only, this document establishes the property owners' association as a legal entity. It is filed with the Secretary of State and includes the basic identifying information about the association. It can also include information about the first Board of Directors and establish basic rules. This document may also be called "Article" or "Certificate of Formation."
• Bylaws. Bylaws define how the association is run and managed. It often contains the core rules related to meetings, voting, elections, Board of Directors, officers and committees, recordkeeping, and amending the bylaws themselves. 
• Declaration of Covenants, Conditions, and Restrictions. This document defines the various rights and responsibilities of the homeowners. Here, you'll find the rules related to property use and appearance, fees and rule violations, and judicial enforcement. This document is sometimes called the "Declaration," "Restrictions," "Restrictive Covenants," and "CC&Rs."
• Rules and Regulations. If the governing documents allow, the Board of Directors may enact additional Rules and Regulations to help implement provisions in the Declaration. There rules are sometimes known as "Association Rules," "Rules," or "Policies."

Understanding the Law

Besides governing documents, a number of other records may be important in matters related to a property owners' association.  

• Association's Records. These are documents created and gathered by the association in the course of its operations. This category includes meeting minutes, financial records, voting records, contracts, liens, records of rules violations, employment records, administrative files, communications, and many others.   
• Management Certificate. This document contains the basic identifying information such as the name and contact information, mailing address, and website where governing documents may be found. The certificates are filed in the county where the property is located as well as electronically in the Homeowners' Association Management Certificate Database. Texas Property Code, Section 209.004 has more information.
• Resale Certificate. This document is usually prepared in anticipation of a property sale. It summarizes the association's financial status and lists any unpaid debts owed by the property owner. Details about resale certificates are listed in Sect. 207.003.
• Subdivision Plat. This survey map shows land division into individual lots. It usually includes information about lot dimensions, boundary lines, nearby streets, open space and government-owned areas, and easements. Plats are recorded with the county's property records and can generally be accessed at the county clerk's office. 

Texas law requires a property owners' association composed of more than 14 lots to implement a records retention policy. A records retention policy identifies important records of the association and states how long they must be kept. Section 209.005(m) of the Texas Property Code establishes mandatory retention times for some of these records:

• Certificates of formation, bylaws, restrictive covenants, and all amendments—Permanent retention;
• Financial records, tax returns, and audits—7 years;
• Minutes of member meetings and board meetings—7 years;
• Account records of current owners—5 years;
• Contracts of one year or more—4 years from the end of the contract term.

Texas Law

Association website. If a property owners' association has 60 or more lots or is operated by a management company, Texas law requires the current version of dedicatory instruments to be posted online for all members, per Section 207.006 of the Texas Property Code. Dedicatory instruments are defined in Sect. 209.002(4).  

County clerk records. Section 202.006 requires all dedicatory instruments to be filed with the real property records of the county clerk in all counties where the association is located. Dedicatory instruments are defined in Sect. 202.001(1).

Secretary of State's records. If an association is a nonprofit corporation, the Business Organizations search will allow you to access the association's articles of incorporation and other documents related to its formation.

Upon written request. Section 209.005 requires most residential subdivisions to provide owners with access to the books and records of the association. An owner can either request to inspect the records in person or request copies of specific documents. The association can charge a fee for copies if they have created a records production and copying policy that details the charges in advance.

To request access to records, a request must be in writing and sent by certified mail. The association must respond within 10 business days but may extend this time for up to 15 additional days if they provide proper written notice.

When purchasing. Texas law requires that most associations provide a copy of the governing documents, as well as a copy of a resale certificate, to a buyer who makes a request for such documents. The buyer may have to pay a fee. See Section 207.003 and Section 5.012 of the Texas Property Code. 

Texas Law

Some records of a property owners' association are considered confidential. The association may deny access to these documents except by court order or an affected individual's consent. Section 209.005 of the Texas Property Code lists several types of confidential records, including:

• Attorney's files and records;
• Rules violations by a specific property owner;
• A property owner's financial information, including nonpayment of dues;
• A property owner's contact information, except for address; and
• Information about an association's employee, including their personnel file. 

Texas Law

If a property owners' association denies a property owner access to the association's books and records, the law allows the owner to seek relief in a justice court. This right is established in Section 209.005 of the Texas Property Code. 

Before filing a petition in the justice court, the property owner must inform the association of their intent to sue and state which records they are requesting. If the justice court finds that the owner is entitled to access, the judge can order the association to release the records. The court may order the losing party to pay for the opposing party's court costs and attorney's fees. 

Texas Law

Understanding the Law