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ConchoP (Texas)
Posts: 208
Posted:
In Texas when creating Bylaws for your HOA, do the Bylaws have to be voted on by the homeowners?

Although the developer still owns lots, he has a vote too. And both the covenants and the bylaws say the developer has 3 votes per lot he owns whereas homeowners only have 1 vote per lot; so he could out vote homeowners, but the homeowners still had to be notified of the opportunity to vote and it still has to be recorded?

Is this correct?
SueW6 (Michigan)
Posts: 814
Posted:
'Is this correct?'

May be; depends on the status of the HOA.

It sounds like this is a developer's HOA. It has not been 'turned over' to the homeowners yet, right?

So - you must follow what those covenants and bylaws say.
SheliaH (Indiana)
Posts: 6,964
Posted:
If that's what your documents say, it's correct - read them again.

Generally, as long as the developer still has control of the community (especially when the documents give him most of the votes), he can do whatever he likes until the community is turned over to the homeowners. You can try to persuade him to draft bylaws that will be more homeowner friendly, in anticipation of turning the community over, but it appears that's all you can do for now.

When your community is finally turned over, be sure to update your documents to remove all references to the developer. You may even want to consider a bylaw that calls for one vote per homeowner, regardless of the number he/she owns so you don't get one person (or an investor-owner) buying up a bunch of homes and all the votes that go with it - thus creating the same situation.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
ConchoP (Texas)
Posts: 208
Posted:
No he has not turned anything over to homeowners, and once a board is elected, doesn't any changes to bylaws have to be an amendment?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By ConchoP on 08/24/2016 11:46 AM

Is this correct?

Typically not for the initial set of Bylaws.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Concho

Unlike some other associations, we had an amicable turnover from the Declarant to we owners. Part of this was the Declarant appointed BOD asked the Declarant to make several Bylaw changes using his power to do so without the owner's voting.

Without going into a lot of detail, some changes he was willing to make effective upon the turnover were ones he would not have made (as they were in his favor) had he still be in charge. Others were "boilerplate" Bylaws he had no interest in one way or another.

Like it or not, typically all docs favor the Declarant and he can pretty well do as he wants.

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