Texas Laws - Property Code
PROPERTY CODE
TITLE 11. RESTRICTIVE COVENANTS

(12115)

(12116)

Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 249 (S.B. 864), Sec. 1 (12117)

(12118)

(a) Except as provided by Subsection (d), any vote cast in an election or vote by a member of a property owners' association must be in writing and signed by the member. (12119)

(12120)

Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 11 (12121)

(12122)

(a) Except as provided by Subsection (d), a vote cast by a member of a property owners' association must be in writing and signed by the member if the vote is cast: (12123)

(1) outside of a meeting; (12124)

(2) in an election to fill a position on the board; (12125)

(3) on a proposed adoption or amendment of a dedicatory instrument; (12126)

(4) on a proposed increase in the amount of a regular assessment or the proposed adoption of a special assessment; or (12127)

(5) on the proposed removal of a board member. (12128)

(a-1) If a property owners' association elects to use a ballot for a vote on a matter other than a matter described by Subsection (a), the ballot must be: (12129)

(1) in writing and signed by the member; or (12130)

(2) cast by secret ballot in accordance with Subsection (d). (12131)

(b) Electronic votes cast under Section 209.00592 constitute written and signed ballots. (12132)

(c) In a property owners' association election, written and signed ballots are not required for uncontested races. (12133)

(12134)

Text of subsection as added by Acts 2015, 84th Leg., R.S., Ch. 249 (S.B. 864), Sec. 1 (12135)

(12136)

(d) A property owners' association may adopt rules to allow voting by secret ballot by members of the association. The association must take measures to reasonably ensure that: (12137)

(1) a member cannot cast more votes than the member is eligible to cast in an election or vote; and (12138)

(2) the association counts every vote cast by a member that is eligible to cast a vote. (12139)

(12140)

Text of subsection as added by Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 11 (12141)

(12142)

(d) A property owners' association may adopt rules to allow voting by secret ballot by association members. The association must take measures to reasonably ensure that: (12143)

(1) a member cannot cast more votes than the member is eligible to cast in an election or vote; (12144)

(2) the association counts each vote cast by a member that the member is eligible to cast; and (12145)

(3) in any election for the board, each candidate may name one person to observe the counting of the ballots, provided that this does not entitle any observer to see the name of the person who cast any ballot, and that any disruptive observer may be removed. (12146)

Added by Acts 2011, 82nd Leg., R.S., Ch. 1026 (H.B. 2761), Sec. 3, eff. January 1, 2012. (12147)

Amended by: (12148)

Acts 2015, 84th Leg., R.S., Ch. 249 (S.B. 864), Sec. 1, eff. May 29, 2015. (12149)

Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 11, eff. September 1, 2015. (12150)

Sec. 209.0059. RIGHT TO VOTE. (12151)(1-click HTML)

(a) A provision in a dedicatory instrument that would disqualify a property owner from voting in a property owners' association election of board members or on any matter concerning the rights or responsibilities of the owner is void. (12152)

(b) This section does not apply to a property owners' association that is subject to Chapter 552, Government Code, by application of Section 552.0036, Government Code. (12153)

(c) In a residential development with 10 or fewer lots for which the declaration was recorded before January 1, 2015, a person may not vote in a property owners' association election unless the person is subject to a dedicatory instrument governing the association through which the association exercises its authority. (12154)

Added by Acts 2011, 82nd Leg., R.S., Ch. 1026 (H.B. 2761), Sec. 3, eff. January 1, 2012. (12155)

Amended by: (12156)

Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 12, eff. September 1, 2015. (12157)

Sec. 209.00591. BOARD MEMBERSHIP. (12158)(1-click HTML)

(a) Except as provided by this section, a provision in a dedicatory instrument that restricts a property owner's right to run for a position on the board of the property owners' association is void. (12159)

(a-1) Notwithstanding any other provision of this chapter, a property owners' association's bylaws may require one or more board members to reside in the subdivision subject to the dedicatory instruments but may not require all board members to reside in that subdivision. A requirement described by this subsection is not applicable during the development period. (12160)

(b) If a board is presented with written, documented evidence from a database or other record maintained by a governmental law enforcement authority that a board member was convicted of a felony or crime involving moral turpitude not more than 20 years before the date the board is presented with the evidence, the board member is immediately ineligible to serve on the board of the property owners' association, automatically considered removed from the board, and prohibited from future service on the board. (12161)

(c) The declaration may provide for a period of declarant control of the association during which a declarant, or persons designated by the declarant, may appoint and remove board members and the officers of the association, other than board members or officers elected by members of the property owners' association. Regardless of the period of declarant control provided by the declaration, on or before the 120th day after the date 75 percent of the lots that may be created and made subject to the declaration are conveyed to owners other than a declarant or a builder in the business of constructing homes who purchased the lots from the declarant for the purpose of selling completed homes built on the lots, at least one-third of the board members must be elected by owners other than the declarant. If the declaration does not include the number of lots that may be created and made subject to the declaration, at least one-third of the board members must be elected by owners other than the declarant not later than the 10th anniversary of the date the declaration was recorded. (12162)

Added by Acts 2011, 82nd Leg., R.S., Ch. 1026 (H.B. 2761), Sec. 3, eff. January 1, 2012. (12163)

Amended by: (12164)

Acts 2015, 84th Leg., R.S., Ch. 649 (H.B. 1072), Sec. 1, eff. September 1, 2015. (12165)

Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 13, eff. September 1, 2015. (12166)

Sec. 209.00592. VOTING; QUORUM. (12167)(1-click HTML)

(a) Subject to Subsection (a-1), the voting rights of an owner may be cast or given: (12168)

(1) in person or by proxy at a meeting of the property owners' association; (12169)

(2) by absentee ballot in accordance with this section; (12170)

(3) by electronic ballot in accordance with this section; or (12171)

(4) by any method of representative or delegated voting provided by a dedicatory instrument. (12172)

(a-1) Except as provided by this subsection, unless a dedicatory instrument provides otherwise, a property owners' association is not required to provide an owner with more than one voting method. An owner must be allowed to vote by absentee ballot or proxy. (12173)

(b) An absentee or electronic ballot: (12174)

(1) may be counted as an owner present and voting for the purpose of establishing a quorum only for items appearing on the ballot; (12175)

  

Our Mission
Objective

Our mission is to provide citizens free access to the laws and codes of their state utilizing a unique search engine that matches clients with qualified legal professionals who can help with specific issues.

Our goal is to do this in a manner that promotes open government and freedom of information, while providing attorneys with valuable tools to connect with qualified prospects in need of professional services.

Ignorance Is No Excuse
Your Right To Know The Law

All citizens have a right to have access to the laws that govern them. Citizen awareness and participation in government is fundamental to ensuring a sound democracy.

Although unfettered access to the law is a fundamental right to all citizens, there is no substitute for experienced legal counsel.

We do not recommend self-representation. We do, however, recognize that in an age where people routinely research legal matters online using everything from a smartphone to their xbox, both attorneys and clients alike can benefit from this resource.