Texas HOAs: Can delinquent owners vote?

Started by ThomasO5 • 7 replies • 1909 views

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ThomasO5 (Texas)
Posts: 38

Posted:

I was told that even if a Texas homeowner is delinquent in paying annual dues that they can still vote in elections, especially including votes for new board members. I searched the recent 2015 major overhaul to Texas HOA law on each instance of the word vote, but cannot find such a reference.

The summary I searched is at this link:
http://texashoalaw.com/2015-texas-hoa-legislation-report/

Can someone provide a reference to Texas law that does provide for delinquent homeowners being able to vote?

Thank you!

MelissaP1 (Alabama)
Posts: 13,836

Posted:

It's most likely in your own HOA's documentation. Each HOA is different. Some HOA's have this in their By-laws or CC&R's. Our HOA, you could be behind in dues and still be voted in. Just meant you could not vote for yourself. However, who is going to vote for someone that does not pay their dues?

Former HOA President

KerryL1 (California)
Posts: 14,550

Posted:

In our bylaws, the board can and does suspend the voting privileges of delinquent Owners. So as Melissa advises, read your own documents.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Thomas, like you I found no statute prohibiting voting.
I also found no statute prohibiting denying a vote.

Therefore, it will depend on what your governing documents allow.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Welcome to the Forum!

http://www.statutes.legis.state.tx.us/SOTWDocs/PR/htm/PR.209.htm

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.

Seems I remember this being a big issue a number of years ago in TX when some HOA's were also not allowing owners to vote on CCR changes. HOA's need to understand that you potentially cannot affect another person's property title (CCR's are attached to property titles) WITHOUT owner's having some say regarding the issue. The TX change made also included voting for BOD members along with "any matter concerning the rights or responsibilities of the owner".

TimB4 (Tennessee)
Posts: 21,062

Posted:

I did go back and look, thanks Janet for pointing me in the right direction.

Per Sec. 209.0055:

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.

Hence, there is a statute that prohibits an Association from denying a member to vote (regardless if they are delinquent in assessments or in violation of covenants).

However, there seem to be a lot of language around applicability. Therefore, you will need to be sure that your Association must comply with that statute or not.

ThomasO5 (Texas)
Posts: 38

Posted:

Thank you so much @TimB4! That's exactly what I'm looking for.

ThomasO5 (Texas)
Posts: 38

Posted:

And thank you @JanetB2 as well!

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