We were told that we are supposed to follow section 22.353 texas law…. however the qualified Attorney response is below.
“That provision does not apply to property owners’ association. § 22.355 of the Texas Business Organizations Code provides that § 22.353 does not apply to a nonprofit corporation that solicits funds only from members of the corporation (e.g., a HOA that only assesses the members that reside in the HOA).
§ 22.351 of the Texas Business Organizations Code applies to property owners’ associations and provides “a member of a corporation, on written demand stating the purpose of the demand, is entitled to examine and copy at the member’s expense, in person or by agent, accountant, or attorney, at any reasonable time and for a proper purpose, the books and records of the corporation relevant to that purpose.” That is in line with § 209.005 of the Texas Property Code, which is the provision I sent you yesterday.
