Burton v. Cravey
TX · Texas Court of Appeals, First District (Houston)
Member win · records
What happened
Dissident Galleria Diplomat condominium owners petitioned for mandamus and injunction after the board refused books-and-records inspection. The trial court ordered the association to keep records available for inspection and copying, enjoined interference, delayed the annual election, and treated association attorney Lou W. Burton's files relating to association business as part of the association's books and records. On appeal attacking production of the attorney's files, the First Court of Appeals (Houston) affirmed: once those files were found to be association records, owners inspecting for a proper purpose (concern about substantial fees paid to counsel) were entitled to inspect them; discovery-style burden and privilege objections did not override the Non-Profit Corporation Act inspection right.
What the court (or agency) held
Condominium owners may enforce statutory books-and-records inspection by mandamus. Once the trial court found the association attorney's files relating to association business were part of the association's books and records, owners inspecting for a proper purpose (here, concern about substantial fees paid to counsel) were entitled to inspect them; discovery-style burden and privilege objections do not override the Non-Profit Corporation Act inspection right. Judgment compelling production and restraining interference was affirmed.
Why this matters for members
Association business records held by counsel can still be owner-inspectable association records. Proper-purpose inspection statutes are not defeated by treating the request like burdensome discovery.
What the member did
Petitioners sought statutory inspection under Prop. Code condominium accounts provisions and Non-Profit Corp. Act art. 1396-2.23, stating concern about inordinate attorney fees as proper purpose.
Questions for the board
- Where are official books and records kept, and how do owners schedule inspection?
- Which attorney files concerning association business are treated as association records?
- What written response do we give when owners state a proper purpose such as fee review?
Questions for a lawyer
- What statutes govern condominium/nonprofit books-and-records inspection here?
- Are counsel's association-business files within the inspection right?
- Is mandamus an available remedy after a board refusal?
Citation
Burton v. Cravey, 759 S.W.2d 160 (Tex. App.—Houston [1st Dist.] 1988, no writ) (1988-08-18). Texas Court of Appeals, First District (Houston). Outcome chip: records hub / secondary. Source: https://hallapproved.com/tx/cases/appeals/1988/2436474/
_General information, not legal advice. Outcomes turn on facts and current law._
General information, not legal advice. Outcomes turn on facts and current law.