Freedom of Information w/ Regards to HOAs and Code Compliance (San Antonio: section 8, renters)

[DigginHouseVibez]

I'm working on the letter that I've mentioned before to the landlord of the "trouble" spot across the street from us.

I was able to send a Freedom of Information Act Request to the San Antonio Housing Authority and I'm waiting on the information as a result of the request. That should arrive within the next several business days.

I keep reading that there are other governing entities that have adapted or been required to abide by this act or something similar but that it varies from state to state and I was wondering if anyone knew off the top of their head, would it apply to an HOA (I know we can request financial information, etc) and would it apply to Code Compliance?

I want to know, specifically, what this landlord has been informed of and whether or not she has done anything to remedy these problems in the past or has she just "let it go". When we had problems in the past that I had spoken with her about she would always say "I don't care what happens as long as I get paid". This was over three years ago and I'd only spoken with her once or twice.

I won't let this go. This neighborhood will end up another eyesore or haven for thugs and bad renters and it's not fair to myself and some of the other families who came into it as a nice community. Some of the other residents here can't make the time that I can to fight this and can't afford to move, even to rent their house out and do the same elsewhere like we're going to. I want to do everything I can to at LEAST clean up my own street. If it continues when I'm gone then I'll continue fighting it from wherever else I go. It's one of those situations where I know what's happening is wrong and if I walk away from it I won't feel right about it. I KNOW that it can be cleaned up. It hasn't gone so far that it's not possible. If I have to duke it out with these people alone, then so be it but I'm not going to NOT try.

If anyone can tell me if it's possible to legally obtain information w/regards to corrective actions taken by HOAs and Code Compliance I'd be really grateful! I know that you can see the list of complaints generated to code compliance online but the actions taken are not a part of that list.

Thanks!

Sorry to be revisiting the same topic 'ad nauseam' but I neglected to ask this question before!

[smitty12]

First, I'm not a lawyer...

But I would think you could get Code Compliance to cough up information under the Texas Public Information Act.

The Public Information Act - Texas State Library

As far as you HOA is concerned you probably need to check the bylaws of your HOA to see what has to be provided upon request since they technically are not a governmental agency.

[DigginHouseVibez]

Originally Posted by smitty12

First, I'm not a lawyer...

But I would think you could get Code Compliance to cough up information under the Texas Public Information Act.

The Public Information Act - Texas State Library

As far as you HOA is concerned you probably need to check the bylaws of your HOA to see what has to be provided upon request since they technically are not a governmental agency.

THANK YOU! My brain is either fried or I'm just not reading things thoroughly. I wasn't able to find anything on my own and that's not usually the case!

I've been reading the bylaws but geezdamn they're hard to understand. There also seems to be an "out" for everything that the association could "potentially" get in trouble for. Kind of like saying "we shouldn't do "XXXX" but if we do "XXXX" we should get in trouble for it, HOWEVER if we decide to make "XXXX" legal in that particular instance, we can't get in trouble for "XXXX". Trying to make heads or tails of this is exhausing!

Thank you for the info though! That helps a LOT!

[Bo]

Since HOAs are not a government entity, a FOIA request wouldn't apply.

You'll probably need a subpoena to get private information on a member out of your HOA. They are usually organized as private corporations. The HOA manager should be able to tell you the specific privacy policy and how it would apply.

[johnsonkk]

Originally Posted by Bowie

Since HOAs are not a government entity, a FOIA request wouldn't apply.

You'll probably need a subpoena to get private information on a member out of your HOA. They are usually organized as private corporations. The HOA manager should be able to tell you the specific privacy policy and how it would apply.

A subpoena would only work if there was an active lawsuit filed against the landlord (or owner) of the property.

As I said in the last thread, it would be much easier filing a small claims suit against the landlord. If the landlord has to show up to defend him/herself, then they'll seriously consider the tenants they have in there. If they don't show, you now have a judgment where you are owed money - regardless of what the landlord thinks. You're able to influence the landlord's opinion better than any long, drawn out, city code violation.

I'm here to tell everyone that owning section 8 housing is not the way to riches. The total amount of rent is usually established at below market prices and the landlord normally receives 50-75% of the rent money from the tenant and the rest with government subsidies. This means on average that the landlord only receives $100-$200 per lease agreement from the government. If the rental was in a "rent controlled" area (don't know if SA is), the landlord could not raise rent easily.

[did0c]

I knew how to help you but all I can do is wish you the very best of luck and cheer you on. Good for you for trying!!!