TX. BOD HOA Opinion needed on Chapter 211

We are currently re-formulating our CC&Rs to come into compliance with TX. Property Code 11 Chapter 211 and up dating our old CC&Rs.

Under sec. 211.004 it states:

"(a) A property owners' association by two-thirds vote of the association's governing body may submit a procedure for amending restrictions to a vote of the property owners in the subdivision or in the unit or parcel of the subdivision governed by the restrictions."
"(b) An amendment procedure submitted to a vote under Subsection (a) binds all property owners in the subdivision or the unit or parcel of the subdivision to which the procedure applies if more than two-thirds of the voting property owners vote in favor of the procedure."

First off our association is volumtary. Now for all other voting functions in our Association your required to be a member of the association to case a vote. However, seeing the State of TX. takes precedent over our Associations requirements, I'm reading this as every Property Owner, Association Member or not, has the right to vote. The hesitation is that though this appears to be its meaning the State is requiring a two-thirds of the the association's governing body (BOD) to submit such a procedure forward to a vote and no one can be a BOD member unless they are Association Members. Am I reading this wrong? How has this been handled in other Associations. Thx.

Larry, every homeowner in a common interest ownership community is counted and has the right to vote on amendments to the CC&Rs. That is because every owner is subject to the CC&Rs even though they are not members of the HOA. The CC&Rs can be enforced by any owner but usually are only enforced by the dues paying members of the voluntary HOA. Only members of the HOA are allowed to vote on HOA matters, including the By-laws.

"That is because every owner is subject to the CC&Rs even though they are not members of the HOA." I'm afraid I don't understand how that can be? Are you saying the CC&Rs are also recorded on the deeds of those not voluntarily members? How was that legally done?
I have a friend who lives in a voluntary HOA and the president is constantly harassing him because of this or that, but he just tells him to xxxx off, and that's the end of it. I think he's to the point now of actually doing things he knows will annoy the guy. What's the point or purpose then? I guess I'll have to ask him if he has covenants filed against his deed. Harold

In a voluntary HOA every owner is subject to the CC&Rs even though they may elect to not members of the HOA. Therefore, every owner has the right to vote on amendments to the CC&Rs. However, only the members who pay voluntarily dues can vote on HOA matters. Contrasted to a manditory HOA where all homeowners must pay the manditory assessments against their property and are automatically members of the HOA.