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Extracted directly from Documents and Governing Policies files
Article 8
Section 8.01 Time Period of Record Retention
NOW THEREFORE, in order to comply with Texas Property Code Section 209.005(m), the Association hereby adopts the following Records Retention Policy:
The Association shall maintain its records as follows:
|
RECORD |
RETENTION PERIOD |
|
Certificate of Formation/Articles of Incorporation, Bylaws, Declarations and all amendment to those documents. |
PERMANENT |
|
Association Tax Return and Audits |
SEVEN (7) YEARS |
|
Financial Records |
SEVEN (7) YEARS |
|
Account Records of Current Owners |
FIVE (5) YEARS |
|
Contracts with a term of more than one year |
FOUR (4) YEARS AFTER CONTRACT EXPIRES |
|
Minutes of meetings of the Owners and Board |
SEVEN (7) YEARS |
Records not listed above are not subject to retention. Upon expiration of the retention date, the applicable records may be destroyed.
Section 8.02 Records Production
NOW THEREFORE, in order to comply with Texas Property Code Section 209.005, the Association hereby adopts the following Records Production Policy:
1. Copies of Association Records will be available to all Owners upon their proper request and at their own expense. A proper request:
a. is sent certified mail to the Association’s address as reflected in its most recent management certificate; and
b. is from an Owner, or, if authorized in writing by the Owner, the Owner’s agent, attorney, or certified public accountant; and
c. contains sufficient detail to identify the Records being requested.
2. Owners may request to inspect the Records OR may request copies of specific Records.
3. If the Owner makes a request to inspect the Records, then the Association will respond within 10 business days of receipt of the request, providing the dates and times the Records will be made available and the location of the Records. The Association and the Owner shall arrange for a mutually agreeable time to conduct the inspection, and the Owner shall pay all labor costs associated with location and compilation of requested Records prior to commencement of said inspection. The Association shall provide the Owner with copies of specific documents requested during the inspection upon the Owner paying the Association the cost thereof.
4. If the Owner makes a request for copies of specific Records, the Association shall, within 10 business days of receipt of the Owner’s request, send a response letter advising on the date that the requested copies will be made available (must be available within 15 business days of the response letter) and the cost the Owner must pay before the requested copies will be provided. Upon the Owner paying the cost of producing the requested copies, the Association shall provide the requested copies to the Owner.
5. The Association hereby adopts a schedule of cost to reflect the cost dictated by Texas Administrative Code, Section 70.3 to be reviewed periodically for consistency with Texas Administrative Code, Section 70.3 and posted in the administrative office and available online.
6. If the estimated cost provided to the Owner is more or less than the actual cost of producing the documents, the Association shall, within 30 days after providing the records, submit to the Owner either an invoice for additional amounts owed or a refund of the overages paid by the Owner.
7. Unless authorized in writing or by court order, the Association will not provide copies of any records that contain the personal information of an Owner, including restriction violations, delinquent assessments, financial information, and contact information other than the Owner’s address.
EXCERPT: WESTWOOD SHORES PROPERTY OWNERS’ ASSOCIATION COMPLETE POA POLICY MANUAL
SIXTH EDITION
[Adopted 11/25/2024]