The following policy is being proposed at the September 26th, 2020 Board of Directors Meeting.  Please direct any questions to Secretary@pointlavista.com

 

Point La Vista Property Owners Association

Records Retention/Preservation Policy – Proposal

(6/21/2020)

 

Texas Statute Title 11, Section 209.005 (m) A Property Owners' association composed of more than 14 lots shall adopt and comply with a document Retention policy that includes, at a minimum, the following requirements;

(1)   certificates of formation, bylaws, restrictive covenants, and all amendments to the certificates of formation, bylaws, and covenants shall be retained permanently;

(2)   financial books and records shall be retained for seven years;

(3)   account records of current owners shall be retained for 5 years;

(4)   contracts with a term of one year or more shall be retained for four years after the expiration of the contract term;

(5)   minutes of meetings of the owners and the board shall be retained for seven years; and

(6)   tax returns and audit records shall be retained for seven years

 

Proposed for PLV:

Records Retention

 

 

If a open records request is made refer to TX statute 209.005 for what is public vs private

 

 

Permanent Records

 

        Certificate of Incorporation received by the Secretary of State for the State of Texas

        Original Articles of Incorporation - (public)

        Original Plat Map filed with Henderson County - (public)

        Original Covenants, Conditions and Restrictions (CCRs) for section one and section two - (public)

        All Amendments to CCRs for section one and section two - (public)

        Ballots cast passing updates to the CCRs - (Only unsealed if a recount is ordered per Texas law)

        Original Bylaws - (public)

        All Amendments to the Bylaws - (public)

        Ballots cast passing updates to the Bylaws - (Only unsealed if a recount is ordered per Texas law)

        Original Management Certificate filed with Henderson  county - (public)

        All Amended Management Certificates filed with Henderson  county - (public)

        All Periodic Report-Nonprofit Corporation from the Office of the Secretary of State - (public)

        All Statements of Change of Registered Officer or Registered Agent or both by a Non-Profit Corporation filed with the Secretary of State - (public)

        Tax Identification Number (TIN) issued by the Department of Treasury Internal Revenue Service - (Non-Public)

        All Deeds and property records for real property owned by the association - (public)

        History of Board of Directors approval/repeal of Rules and Regulations for the association – (public)

        Unsatisfied Liens filed with Henderson Country

7 Years

 

Financial Records

        Approved Budgets - (public)

        Annual fiscal year-end income states - (public)

        Annual fiscal year-end balance sheet statements - (public)

        Annual Balance owed by lot - (public)

        Bank statements - (public)

        Canceled check and Deposit slips, or bank facsimile - (public)

        Invoices from vendors/contract labor- (public)

        Receipts for reimbursed purchases- (public)

        Tax returns, if required to be filed- (public)

 

            Insurance Records

        Copy of Policy and proof of payment - (public)

        Copies of any claims made - (public)

        Certificates of insurance - (public)

 

            Association Business

        Annual, Board and Special meeting minutes - (public)

        Copy of annual Boat Dock application and license issued by Tarrant Regional Water District (TRWD) - (public)

 

            Legal

        Documents pertaining to suits made by or against the POA - (Non-Public)

        Correspondence pertaining to suits made by or against the POA – (Non Public)

        Copies of all released liens, it's the owner's responsibility to file with Henderson County - (public)

 

 

2 Years

        Newsletters - (public)

        Expired warranties - (public)

        General correspondence - (public)

 

 

1 Year

        Board of Director election ballots shall be kept until the next board of directors is elected and had taken office (first meeting). - (Only unsealed if a recount is ordered per Texas law)

Records Preservation

 

Long Term Records (those required to be kept more than 2 years)

        When the original format is a paper copy, The paper copy shall be stored in a climate controlled space and a digital copies made

        A minimum of Two (2) digital copies of each record is required in a minimum of two formats defined in the Digital Records Format section

        Multiple Digital Copies of records shall be stored to ensure survivability through fire, disaster or computer failure

â—¦         The first digital copy in multiple formats are to be stored on the POA's computer system kept by the Secretary, Treasurer or Member of the Board of Directors

â—¦         The second digital copy is to be burned to a non re-writable, archival quality, CD.  The CD is to be labeled with: It's content and Date it was created and placed in a safe deposit box to be setup by/for the POA.  Public and private POA records are not to be placed on the same CD.

 

Short Term Records (those required to be kept 2 years or less)

        Keep in there original format (paper or electronic)

        No 2nd copy is required

        Storage is the responsibility of the record holder (example: Treasurer for financial, Secretary of other POA business)

Digital Records Formats

 

When storing long term digital records, proprietary file formats should not be used.  The most widely supported, file formats that are not specific to a operating system/platform should be chosen.  The following was selected after reviewing the Smithsonian Institutes Archive Digital Preservation Formats.

 

Type

Primary Format(s)

Secondary Format(s)

Text/Word processing documents

PDF (Portable Document Format)

TXT (Text)

RTF (Rich Text Format)

Spreadsheets

PDF (Portable Document Format)

CSV (commas separated value file)

TXT (Text)

Scanned Paper Records

PDF (Portable Document Format)

TIFF (Uncompressed)

JPG (Joint Photographic Experts Group)

Images

TIFF – Uncompressed (Tag Image File Format)

JPG (Joint Photographic Experts Group)