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. 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. Dedicatory instruments are defined in Sect. 209.002(4).Ĭounty clerk records. 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. How can I access an Association's records?Īssociation website. Plats are recorded with the county's property records and can generally be accessed at the county clerk's office. It usually includes information about lot dimensions, boundary lines, nearby streets, open space and government-owned areas, and easements. This survey map shows land division into individual lots. Details about resale certificates are listed in Sect. It summarizes the association's financial status and lists any unpaid debts owed by the property owner. This document is usually prepared in anticipation of a property sale. Texas Property Code, Section 209.004 has more information. The certificates are filed in the county where the property is located as well as electronically in the Homeowners' Association Management Certificate Database. This document contains the basic identifying information such as the name and contact information, mailing address, and website where governing documents may be found. This category includes meeting minutes, financial records, voting records, contracts, liens, records of rules violations, employment records, administrative files, communications, and many others. These are documents created and gathered by the association in the course of its operations. Rules and Regulations are sometimes known as "Association Rules," "Rules," or "Policies."īesides governing documents, a number of other records may be important in matters related to a property owners' association. The Board of Directors can often enact such rules without a homeowners' vote, and they do not have to be recorded with the county every time a revision is made. If the governing documents allow, the Board of Directors often enact additional rules to help implement the provisions in the Declaration or Bylaws. This document is sometimes called the "Declaration," "Restrictions," "Restrictive Covenants," and "CC&Rs." Here, you'll find the rules related to property use and appearance, fees and rule violations, and judicial enforcement. This document defines the various rights and responsibilities of the homeowners. Declaration of Covenants, Conditions, and Restrictions.It often contains the core rules related to meetings, voting, elections, Board of Directors, officers and committees, recordkeeping, and amending the bylaws themselves. Bylaws define how the association is run and managed. This document may also be called "Article" or "Certificate of Formation." It can also include information about the first Board of Directors and establish basic rules. It is filed with the Secretary of State and includes the basic identifying information about the association. For incorporated associations only, this document establishes the property owners' association as a legal entity. The exact document titles may differ, but the functions they serve will be mostly the same.Ĭollectively, these documents are often called "dedicatory instruments" or "governing documents." Property owners' associations have several essential documents that define the operating rules and restrictions for the association and the homeowners. What are the Property Owners' Association's governing documents? Search library website find library books hide navigation menu
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