Texas statute reference · Tex. Prop. Code § 209.005
§ 209.005 - Association Records
Section 209.005 gives Texas HOA owners one of the most detailed records-access rights in the country. The statute prescribes the request method, a 10-business-day production clock, a recorded cost policy, retention schedules, and a justice-court remedy with attorney's fees. The procedural requirements are precise, and the case law follows them closely.
Statute text reproduced from the Texas Property Code; editorial summaries by the Common Elements editorial team. Not legal advice; not a substitute for Texas counsel.
Current as of 2026-05-29.
What boards need to know
The access right is broad and overrides contrary document language. Section 209.005(c) requires the association to open its books and records, including financial records, to an owner or the owner's written-designated agent, attorney, or CPA, and to provide copies. The request itself is formal: § 209.005(e) requires it to come by certified mail, with enough detail to identify the records, sent to the address on the most current management certificate, and to elect either inspection or copies.
The clock is short. The association has until the 10th business day after receiving the request to provide inspection dates or produce copies. If it cannot meet that deadline, § 209.005(f) requires written notice setting a date no later than the 15th business day after that notice. Section 209.005(q) defines a business day as excluding weekends and state or federal holidays.
Charging for production is gated on a recorded policy. Section 209.005(i) requires the board to adopt a production and copying cost policy, capped at the rates under 1 T.A.C. § 70.3, and record it as a dedicatory instrument before any charge may be imposed. Certain owner-specific records, listed in § 209.005(k), are withheld unless the affected owner consents in writing or a court orders release.
Enforcement runs through the justice court. Under § 209.005(n), an owner who is denied access may petition the local JP, who can order release, award the owner court costs and attorney's fees, and authorize the owner to deduct those amounts from future assessments. The owner must give 10 business days' pre-suit notice under § 209.005(p), and a prevailing association recovers its own costs and fees under § 209.005(o).
Key requirements
The access right
Tex. Prop. Code § 209.005(c), (d)- Books and records, including financial records, open to owners
- Owner may designate an agent, attorney, or CPA in writing
- Right applies notwithstanding a contrary dedicatory instrument
- Attorney files and privileged communications excluded
Making a request
Tex. Prop. Code § 209.005(e)- Written request by certified mail
- Sufficient detail describing the records
- Sent to the address on the current management certificate
- Elect inspection or forwarded copies
Production deadlines
Tex. Prop. Code § 209.005(e), (f), (q)- 10 business days to provide inspection dates or copies
- If unable, written notice setting a date by the 15th business day
- Business day excludes weekends and state or federal holidays
Costs and retention
Tex. Prop. Code § 209.005(i), (m)- Recorded production and copying cost policy required before charging
- Charges may not exceed 1 T.A.C. § 70.3 rates
- Retention policy required for associations over 14 lots
- Permanent for governing documents; 5-7 years for most records
Remedy for non-compliance
Tex. Prop. Code § 209.005(n), (p)- Petition the justice of the peace where the property sits
- JP may order release and award owner costs and attorney's fees
- Award may be deducted from future assessments
- Owner must give 10 business days' pre-suit notice
Key statutory text
Selected subsections, reproduced verbatim from the Texas Property Code. Full text at statutes.capitol.texas.gov.
§ 209.005(c) - the access right
Notwithstanding a provision in a dedicatory instrument, a property owners’ association shall make the books and records of the association, including financial records, open to and reasonably available for examination by an owner, or a person designated in a writing signed by the owner as the owner’s agent, attorney, or certified public accountant, in accordance with this section. An owner is entitled to obtain from the association copies of information contained in the books and records.
§ 209.005(q) - definition of business day
For the purposes of this section, “business day” means a day other than Saturday, Sunday, or a state or federal holiday.
Common questions about § 209.005
- What records can a Texas HOA owner inspect under § 209.005?
- Section 209.005(c) requires the association to make its books and records, including financial records, open to and reasonably available for examination by an owner, or by the owner's written-designated agent, attorney, or CPA. The owner is also entitled to copies. The right applies notwithstanding a contrary provision in a dedicatory instrument. Section 209.005(d) excludes an attorney's files and privileged attorney-client communications and work product, and § 209.005(k) limits release of records identifying an individual owner's violation history, personal financial information, or contact information beyond the address.
- How does an owner request HOA records in Texas?
- Under § 209.005(e), the owner or the owner's authorized representative must submit a written request by certified mail, with sufficient detail describing the records sought, to the association's address shown on the most current management certificate. The request must elect either to inspect the records first or to have copies forwarded.
- How long does a Texas HOA have to produce records?
- Section 209.005(e) sets a 10-business-day clock: if inspection is requested, the association must send written notice of available inspection dates on or before the 10th business day after receiving the request; if copies are requested, it must produce the records by the same deadline, to the extent they are in its possession, custody, or control. Under § 209.005(f), if the association cannot meet the 10-business-day deadline, it must send written notice stating a date no later than the 15th business day after that notice by which it will produce the records. Section 209.005(q) defines 'business day' as a day other than Saturday, Sunday, or a state or federal holiday.
- Can a Texas HOA charge for producing records?
- Only under a recorded policy. Section 209.005(i) requires the board to adopt a records production and copying policy prescribing the charges, which may include reasonable costs of materials, labor, and overhead but may not exceed the costs applicable under 1 T.A.C. § 70.3. The policy must be recorded as a dedicatory instrument, and the association may not charge an owner unless the cost policy has been recorded. The association may require advance payment of estimated costs and must reconcile against actual costs by invoice or refund within the statutory window.
- What can a Texas owner do if the HOA refuses to produce records?
- Section 209.005(n) lets an owner who is denied access file a petition with the justice of the peace for a precinct where the property is located. If the JP finds the owner is entitled to the records, available remedies include a judgment ordering release, a judgment for the owner's court costs and attorney's fees, and a judgment authorizing the owner to deduct those amounts from future assessments. Under § 209.005(p), the owner must first send the association 10 business days' written notice of intent to sue. If the association prevails, § 209.005(o) entitles it to its court costs and attorney's fees.
- How long must a Texas HOA keep its records?
- Section 209.005(m) requires an association composed of more than 14 lots to adopt and follow a document-retention policy with statutory minimums: formation documents, bylaws, and restrictive covenants (with amendments) kept permanently; financial books and records seven years; current-owner account records five years; contracts of one year or more four years after expiration; owner and board meeting minutes seven years; and tax returns and audit records seven years.
Search synced statutes on Common Elements
Search Texas community-association statutes on Common Elements - plain-English summaries, keyword search, and (where available) the same deep section library as Florida. Free account for bookmarks, uploads, and side-by-side compare.
This is not legal advice. Consult Texas community-association counsel for your specific situation.