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.