Voting rights - Texas - HOATalk Forum

JohnB78 (Texas)
Posts: 6

Posted:

Okay,

Clarification please?

The section I list below, states that it applies to only corporations that do NOT require membership, am I reading that correct?

So, if you DO require membership within a defined area, such as a ranch that is fenced and sub-divided and the PoA is for the sole purpose of collecting due to maintain the roads, does an owner that has not paid dues have a right to vote in an election? What about in how fees are assessed?

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Sec. 209.0055. VOTING. (a) This section applies only to a property owners' association that:

(1) provides maintenance, preservation, and architectural control of residential and commercial property within a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more; and

(2) is a corporation that:

(A) is governed by a board of trustees who may employ a general manager to execute the association's bylaws and administer the business of the corporation;

(B) does not require membership in the corporation by the owners of the property within the defined area; and

( C) was incorporated before January 1, 2006.

(b) A property owners' association described by Subsection (a) may not bar a property owner from voting in an association election solely based on the fact that:

(1) there is a pending enforcement action against the property owner; or

(2) the property owner owes the association any delinquent assessments, fees, or fines.

NigelB (Texas)
Posts: 254

Posted:

Quote:

Posted By JohnB78 on 04/27/2017 5:22 PM
Okay,

Clarification please?

The section I list below, states that it applies to only corporations that do NOT require membership, am I reading that correct?

So, if you DO require membership within a defined area, such as a ranch that is fenced and sub-divided and the PoA is for the sole purpose of collecting due to maintain the roads, does an owner that has not paid dues have a right to vote in an election? What about in how fees are assessed?

-----------------------------------------------------------

Sec. 209.0055. VOTING. (a) This section applies only to a property owners' association that:

(1) provides maintenance, preservation, and architectural control of residential and commercial property within a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more; and

(2) is a corporation that:

(A) is governed by a board of trustees who may employ a general manager to execute the association's bylaws and administer the business of the corporation;

(B) does not require membership in the corporation by the owners of the property within the defined area; and

( C) was incorporated before January 1, 2006.

(b) A property owners' association described by Subsection (a) may not bar a property owner from voting in an association election solely based on the fact that:

(1) there is a pending enforcement action against the property owner; or

(2) the property owner owes the association any delinquent assessments, fees, or fines.

Take a look at 209.0059.

Sec. 209.0059. RIGHT TO VOTE. (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.

(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.

(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.