A Certificate of Formation is a legal document that is filed in Texas with the secretary of state to create a corporation, limited liability company, and similar entities. Certificates of formation will contain the entity's basic information (name, registered agent, office address, share structure, etc.).
The secretary of state does not maintain the bylaws or tax exempt filings of any nonprofit organization. Some organizations that have obtained tax-exempt status from the Internal Revenue Service are required to make certain documents available to the public.
You can file your certificate of formation online or by mail. Texas accepts this filing online via SOSDirect, the state's official portal for e-filing formation documents and other entity-related matters, such as a change of the registered agent and a change of the principal place of business.
Disclosure Requirements Disclosure is mandated by law, often through public records and real property records. Before purchasing a home, buyers must receive a set of documents detailing the HOA's health, such as its covenants, conditions, restrictions, bylaws, rules, and financial statements.
House Bill 614 guarantees your right to a hearing before the HOA board to contest the violation or the proposed fine. This ensures a fair and transparent process where you can voice your concerns and advocate for your interests.
Begin your LLC online filing: In the menu, click “Business Organizations”. Under “Reservation Formation Registration Documents”, you'll see a dropdown. Select “Domestic Limited Liability Company” and click “File Document”. In the “Filing Type” dropdown, select “Certificate of Formation” and click Continue.
Homeowners can secure their HOA statement of account through their board or manager. More often than not, though, the board treasurer provides this to homeowners on a regular basis. Additionally, if an HOA has a homeowner portal, members can log into their accounts and view their statement.
Most HOA documents are public record, including governing documents. Some states only require the HOA to make certain documents public, while others can be kept confidential. These confidential records can include things like board meeting minutes, financial records, and insurance claims.
Certificates are filed in the county where the property is located and electronically in the Homeowners' Association Management Certificate Database. They often include contact information, mailing address, and website where governing documents can be found.
Depending on the organizational form of the entity, however, the home or property owners' association may not be required to register with the secretary of state.