Barring Members from Attending HOA Meetings in Texas

Question:

Can a resident member be legally barred from attending n HOA meeting?

– Margaret

 

Answer:

Hi Margaret,

According to Sec. 209.0051(c) of the Texas Property Code, HOAs are required to hold open board meetings which members of the HOA have the right to attend. This section states:

“(c) Regular and special board meetings must be open to owners, subject to the right of the board to adjourn a board meeting and reconvene in closed executive session to consider actions involving personnel, pending or threatened litigation, contract negotiations, enforcement actions, confidential communications with the property owners’ association’s attorney, matters involving the invasion of privacy of individual owners, or matters that are to remain confidential by request of the affected parties and agreement of the board. Following an executive session, any decision made in the executive session must be summarized orally and placed in the minutes, in general terms, without breaching the privacy of individual owners, violating any privilege, or disclosing information that was to remain confidential at the request of the affected parties. The oral summary must include a general explanation of expenditures approved in executive session.”

Whether or not your HOA can legally bar a member from attending will depend on your governing documents. It is best to seek a lawyer for advice.

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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