Texas law - can non board members ever vote as a board member ?

Is it legal in the Texas hoa laws to grant a non board members board voting rights? And what is the agency that moderates Hoa's? What are a homeowner's steps of actions in dealing with a board that is breaking state laws and is hostile toward anyone who questions or disagrees? Some of current board members are behaving as dictators and out voting well serving board members. Please advise me of legalities or options.

Thank you for your direction. I understand this is not legal advice. I understand about proxy votes also. The issue specifically is a volunteer asked the board for rights to vote as a board member. It was granted and this volunteer has been voting as a board member and been acting as a board member at every meeting ever since. It's in the meeting minutes and clear that this individual is a volunteer and has never been voted in as a member. I have printed out every meeting minute record. I did not think this was an option.

Is there an agency I can report their actions to if I find they are in violation of the law?

Thank you for your input

I'm with Janet. Are you sure, Michelle, this person wasn't appointed/elected by the Board to fill a vacancy on the Board? How many directors s re you supposed to have?

In Texas there is a min of 3 max 5 required to form hoa board. I was told by previous president that this member is solely a committee head. I have reviewed the meeting minutes and have not found this person to be nominated or elected. The minutes which they gave voting rights to this volunteer read approximately.... Since this person has been a volunteer,this person is requesting to Be able to vote towards decisions and discussions. Response in minutes - This volunteer is a board member. All board members can vote towards decisions and discussions.

That was the discussion. There's no record that this person was voted on. It was discussed and decided by the board but there's no record it was voted on. There were 4 board members at this point so if this member became a board member it would be within the amount allowed by law.
My concern is this person is the spouse of another board member. And currently there are "4 board members" which includes this volunteer. the current president is not exercising his vote because there are an even number on votes. This leaves the married members and their close friend (who is the last vote). So since only 3 are voting ... the married couple have say no matter the issue.

Any thoughts on this is appreciated.

What do your governing documents state with regards to BOD members? You might also check your State Statutes. Some HOA documents do not allow more than one individual from the same unit to serve on the BOD for the reason you stated, because it gives control to one unit regarding decisions. Also, you might ask since it is not an even number on the BOD if you could be elected to fill the 5th slot.

Michelle,

Realistically, it seems your best option is to try to get new board members elected. This is typically easiest done via the annual elections, but can also be done by a recall vote, the method for that would be in your governing docs or state law.

If most owners are happy with the current board, then you are very possibly stuck with it.

If you do decide to work towards a new board (either running yourself or recruiting like-minded people), you should plan on doing more than just getting nominated to show up on the ballot. This could include going door to door to talk to people (campaigning) and possibly collecting proxies.

Officers and committee chairs typically attend Board meetings to provide input and reports.
Everyone who attends board meetings are not members of the Board.
Only Directors are members of the Board and only Directors are authorized to Vote.

Now, can Directors seek input from others? Absolutely! and they should.

What do your Bylaws (or other docs) say about how the Board should appoint/elect directors to fill vacancies?

And, if Richard's right, and the Board DID appoint this person to the board, but it's not in your regular meeting minutes, then, the board really is sleazy. With Sheila & Richard you need to find ways to unify owners so a new Boar can be voted in either vial recall or at the next annual election.

Btw, you cited TX law, but what do your own governing docs say about how many directors there should be. This might be in your Bylaws.

There is nothing in Texas law that specifies how many board members should be on an HOA board. That is the prerogative of the entity that set up the Association and the number of board members would be specified in the Bylaws of the Association

The membership elects the Directors and the Directors appoint committee members. Those committee members will have voting rights but only can vote on matters before the committee or in exercising their voting rights as members. Committee members cannot vote in matters before the board (unless they are also board members).

A board may appoint an individual to fill a vacancy, but a board cannot appoint an individual to fill a vacancy that was not previously held by an elected board member - in other words if your governing documents specify that the board may consist of 3 to 5 board members, and only three members are elected to those positions, then the elected board cannot fill the 2 vacant positions by appointment.

While there is no government agency in the State of Texas that has jurisdiction over HOA's. The Attorney Generals office has oversight over the legislation enacted by the Texas Legislature. The principle legislation regarding HOA's and how they operate is contained in Chapter 209 of the Texas Property Act, more commonly known as the Texas Residential Property Owners Protection Act.

As you have noted, the Act requires 72 hr advance notification to the membership prior to a board meeting - that notification can be satisfied electronically if the board or the management company has a website.

My opinion is that a member of a committee cannot be granted the right to vote in matters before the board unless that committee member is also a board member.

Your least expensive method to remedy any violations is to point this out to the board, and if they decline to operate in conformance with the law, use the provisions contained in your governing documents to replace the board.