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LizL1 (Texas)
Posts: 3
Posted:
I've been reading through CHAPTER 209. TEXAS RESIDENTIAL PROPERTY OWNERS PROTECTION ACT
trying to find something on how to recall a member of HOA board.

All I've found are things on how to elect someone. I haven't found anything
in our CCRs so far either.

Anyone know if Texas has a law pertaining to recall?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Typically (and I haven't checked TX law), the law only authorizes that the members may recall the Board. This is usually echoed within your governing documents.

If the Board is reasonable, the usual procedure (but check with your own governing documents to be sure) is:

1 - Petition is circulated amongst the members to "call a special meeting of the membership for the purpose of recalling [names] and, if successful, electing a replacement." Get more then the minimum number required.
2 - Petition is submitted to the Board (I'd suggest certified mail to the registered agent and a copy to each board member)
3 - Board verifies petition
4 - Board arranges for a meeting (location, ballots, agenda, notice, etc.)
5 - YOU and the committee start knocking on doors and collecting proxies (if allowed) and encourage attendance at the meeting
6 - Meeting is held, vote taken results announced

If the Board is unreasonable, you may have additional time, energy and money involved in making this happen including the possibility of legal action.

The easiest (and best in my opinion) is, rather then recalling the board, find volunteers willing to serve, gather support and simply vote the bums out at the next election. This is typically quicker, a little less work and isn't as fracturing to the community.
KerryL1 (California)
Posts: 14,550
Posted:
Tim seems on the money, Liz. I also agree with him that getting rid of the director at an election is easier, less factious and cheaper.

Do you have Bylaws? Ours state how recalls are supposed to be done and mirror CA state laws on the topic. One key about recalls is that they must be done perfectly.

In your Bylaws make sure you see the difference between meetings of the members and meetings of the board.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Sound advice about usually the best to remove a BOD Member is to work toward them not getting elected again. Typically if they were appointed by the BOD to say fill a vacancy, then only the BOD can remove them.
NigelB (Texas)
Posts: 254
Posted:
Quote:
Posted By LizL1 on 05/16/2017 1:18 PM
I've been reading through CHAPTER 209. TEXAS RESIDENTIAL PROPERTY OWNERS PROTECTION ACT
trying to find something on how to recall a member of HOA board.

All I've found are things on how to elect someone. I haven't found anything
in our CCRs so far either.

Anyone know if Texas has a law pertaining to recall?

Texas Business Organizations Code - Title 2
Sec. 22.211. REMOVAL OF DIRECTOR. (a) A director of a corporation may be removed from office under any procedure provided by the certificate of formation or bylaws of the corporation.

(b) In the absence of a provision for removal in the certificate of formation or bylaws, a director may be removed from office, with or without cause, by the persons entitled to elect, designate, or appoint the director. If the director was elected to office, removal requires an affirmative vote equal to the vote necessary to elect the director.

Basically, you have to look to your governing documents which should specify the procedure for removing a director - our Bylaws state that a board member may be removed with or without cause by a majority vote of the members of the association. That means that over 50% of the persons eligible to vote in our HOA must agree to the removal.

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