Texas Property Code 209.005: Owner Right to Inspect and Copy HOA Books and Records

Quick Answer

Texas Property Code § 209.005 gives owners in subdivision HOAs a right to inspect and copy the association's books and records, including financial records, through a written certified-mail request. The association must respond by the 10th business day, may charge only costs set in a recorded records policy, and must keep records under a minimum retention schedule if it has more than 14 lots. An owner denied access can petition a justice court.

Records that identify an owner's violation history, personal financial information or contact information (other than the address) are protected unless the owner approves or a court orders release.

At a Glance

What the Law Says

The right of access

Section 209.005(c) says that "notwithstanding a provision in a dedicatory instrument," the 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." An owner is also entitled to copies of information in the books and records.

Section 209.005(a) says the section "controls over other law not specifically applicable to a property owners' association." Under subsection (b), it does not apply to an association subject to Government Code Chapter 552 by application of § 552.0036.

How to ask

• Written, certified mail (e). The request must be written, sent "by certified mail," and describe the records "with sufficient detail." It goes to the mailing address on "the most current management certificate filed under Section 209.004."
• An election. The request must say whether the owner wants to inspect first or have copies forwarded.
• Ten business days (e). For inspection, the association must send written notice of available dates during normal business hours on or before the 10th business day after receipt. For copies, it must produce them on or before the 10th business day.
• If it cannot meet the deadline (f). The association must give written notice that it cannot, and name a date "not later than the 15th business day after the date notice under this subsection is given."
• Inspection logistics (g). The inspection occurs at a "mutually agreed on time during normal business hours," and the requester identifies what the association should copy.
• Format (h). The association may produce records in hard copy, electronic or another format reasonably available to it.
• Business day (q). A day other than Saturday, Sunday, or a state or federal holiday.

Costs

The board "must adopt a records production and copying policy" that sets what the association will charge. The charges may include "all reasonable costs of materials, labor, and overhead" but "may not exceed costs that would be applicable for an item under 1 T.A.C. Section 70.3." The policy must be recorded as a dedicatory instrument under § 202.006, and "an association may not charge an owner" unless that policy has been recorded. The association may require advance payment of estimated costs. It must send a final invoice on or before the 30th business day after delivery. Any additional amount unpaid for 30 business days after the invoice may be added to the owner's account as an assessment, and an overpayment must be refunded within the same 30 business days (§ 209.005(i) and (j)).

What does not have to be released

• Attorney files (d). An attorney's files and records are generally not association records, except for invoices requested under § 209.008(d). If a responsive document exists only in the attorney's file, it must be produced from there. Privileged material and work product are not required.
• Protected categories (k). "To the extent the information is provided in the meeting minutes," the association need not release books or records that identify an owner's "dedicatory instrument violation history," "personal financial information, including records of payment or nonpayment of amounts due," "contact information, other than the owner's address," or employee information including personnel files. Aggregate or summary information that does not identify an owner may be released.
• Exceptions (l). Those protected records "shall be released" if the owner gives express written approval or a court orders it.

Retention

An association "composed of more than 14 lots shall adopt and comply with a document retention policy" with at least these terms (m): governing documents and amendments permanently; financial books and records seven years; account records of current owners five years; contracts with a term of one year or more four years after the term ends; minutes of owner and board meetings seven years; tax returns and audit records seven years.

Enforcement

An owner "denied access to or copies" of records may petition the justice of the peace of a precinct where any part of the property is located (n). The court may order release, award court costs and attorney's fees, and authorize the owner to deduct the fee award from future regular or special assessments. If the association prevails, it is entitled to a judgment for its court costs and attorney's fees (o). At least 10 business days before suing, the owner must send written notice of intent by certified mail, return receipt requested, or by USPS signature confirmation, to the address on the management certificate, describing the records in detail (p).

What This Means in Practice

For boards

The timeline starts when the association "receives" the request, not when it is mailed. Build a process that logs the receipt date of every certified-mail piece, including mail that goes to a management company address listed on the management certificate. If the address on the recorded certificate is out of date, a request properly mailed there still counts under the statute's wording (our reading).

Two infrastructure items are easy to miss. First, the copy-charge policy must be recorded in the county records before any charge is made, and it must stay within the 1 T.A.C. § 70.3 ceiling. Second, associations with more than 14 lots need a retention policy that meets the minimums above. Without either, the board has little defense in a justice court petition.

When a request touches payment history, violation history or owner contact details, the safe path (our reading) is to produce the document with the protected information redacted or in aggregate form, unless the owner approves or a court orders more. The section does not tell the association to redact, but § 209.005(k) says it is "not required to release" those categories.

For owners

Use certified mail, identify the records specifically, and state your election to inspect first or receive copies. A vague request ("all records") may not be "sufficient detail." Keep the certified-mail receipt. If the association misses its 10th business day, check whether it sent the delay notice. If there is no response, § 209.005(p) requires a separate certified-mail notice of intent to sue and a 10-business-day wait before filing.

Expect to pay costs under the association's recorded policy. If the association has not recorded the policy, § 209.005(i) says it may not charge you.

What the law does NOT say

• It does not list specific records the association must keep beyond the retention schedule. The definition of "books and records" is left to context.
• It does not set the dollar amount of the copy charge. The cap is the Texas Administrative Code cross-reference.
• It does not say how fast an association must act if an owner sends a request by email or hand delivery. The section requires certified mail.
• It does not require the association to create new documents, only to produce records "in the possession, custody, or control of the association" (e)(1) and (2).

Open question: how the "to the extent the information is provided in the meeting minutes" clause in § 209.005(k) interacts with minutes that mention an individual owner's fines. The text can be read either way, so confirm with counsel before releasing or withholding minutes.

Condominiums

Condominium associations are under a parallel section, § 82.1141, added by S.B. 318 in 2021. See our page on that bill for a comparison. A notable difference we found: the condominium protected-records list includes the unit owner's address, while the HOA version protects contact information "other than the owner's address."

Timeline

Related Texas Law

• 2021 SB 318: the condominium records section, § 82.1141.
• Foreclosure limits: records costs added as assessments cannot alone support foreclosure under § 209.009.
• Management certificate filing: the address where requests are sent.
• § 209.017: justice court suits for Chapter 209 violations.
• Chapter 209 overview and the Texas HOA laws complete guide.

Board Checklist

• Confirm the association's current mailing address on the recorded management certificate.
• Adopt and record a records production and copying policy that stays within 1 T.A.C. § 70.3.
• Adopt a document retention policy that meets the minimums if the association has more than 14 lots.
• Log the date every certified-mail records request is received, and calendar the 10th business day.
• Prepare a standard written notice for when production will take longer, naming a date within 15 business days.
• Decide who redacts payment history, violation history, contact details and personnel information.
• Send final invoices within 30 business days of delivery and refund overpayments on the same timeline.
• Do not add records-cost balances to an owner's account without the recorded policy in place.

Frequently Asked Questions

How long does a Texas HOA have to respond to a records request?

By the 10th business day after the association receives the request, it must send inspection dates or produce the copies. If it cannot, it must notify the requester and give a date not later than the 15th business day after the notice.

Does the request have to go by certified mail?

Yes. Section 209.005(e) requires a written request "by certified mail" to the address on the most current management certificate, with sufficient detail about the records.

Can an HOA charge for copies?

Yes, but only under a records production and copying policy the board has adopted and recorded, and only up to the amounts allowed under 1 T.A.C. § 70.3. Without a recorded policy, the association "may not charge an owner."

Can an owner see other owners' payment records?

Generally no. Section 209.005(k) says the association need not release records of payment or nonpayment, violation history or owner contact information other than the address, unless the owner gives written approval or a court orders it.

Can an owner see the association's attorney files?

Mostly no. Under § 209.005(d), attorney files are not association records, except for invoices under § 209.008(d) and documents the association has no separate copy of, and privileged material is not required.

What can an owner do if the association refuses?

After sending written notice of intent at least 10 business days beforehand, the owner may petition the justice of the peace. The court may order release, award costs and attorney's fees, and allow the owner to deduct the award from future assessments.

Can the HOA recover fees from the owner?

Yes, if the association prevails in the justice court action, § 209.005(o) entitles it to a judgment for its court costs and attorney's fees.

How long must an HOA keep its records?

For associations with more than 14 lots, the minimums are permanent for governing documents, seven years for financial books, five years for current-owner account records, four years after expiry for contracts of a year or more, and seven years for minutes, tax returns and audit records.

Where This Comes From

We read the current text of Texas Property Code § 209.005 as published in the 2025 Texas Statutes, the current text of § 82.1141 and § 82.114 from the Texas Public Law statute database (which cites the legislature's statute site), and the House committee text of S.B. 318 (87th Legislature). The official statute listing is at statutes.capitol.texas.gov. We did not read 1 T.A.C. § 70.3, so the actual charge amounts are not stated here. Interpretations labeled "our reading" are ours.

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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Texas attorney before acting.