RogerJ1 (Texas)
Posts: 550
Posts: 550
Posted:
POA in Texas.
Texas Property Code calls for 67% of membership vote to change restrictions and other documents but if an association's actual documents call for a lower amount, that lower amount will prevail over the state's 67%.
My POA's current CCRs call for a majority vote of the membership to terminate and/or amend the restrictions. So that majority requirement, since mention in the actual documents, would prevail over the states 67%. That is clear in the state law.
What is possibly unclear is what happens if a proposed restriction amendment remove that that majority clause?
What if the CCRs/restrictions amendment proposal was done in a way that removes that majority vote to amend them. In the new form, if passed, then the documents would be absent of any vote threshold, in which case the State 67% would then prevail.
But what about the point in between the old and new during passing of the new? Would the old restrictions's call for a majority allow them to be amended with just a majority even though the proposed amendment, on which was being voted, is now absent that majority clause? Or since that majority clause is absent in the proposed amendment, the state 67% would prevail and that amendment itself would take 67%+?
I assume the old majority clause would still prevail since it would still in effect during the new amendment vote, but I am not sure.
Texas Property Code calls for 67% of membership vote to change restrictions and other documents but if an association's actual documents call for a lower amount, that lower amount will prevail over the state's 67%.
My POA's current CCRs call for a majority vote of the membership to terminate and/or amend the restrictions. So that majority requirement, since mention in the actual documents, would prevail over the states 67%. That is clear in the state law.
What is possibly unclear is what happens if a proposed restriction amendment remove that that majority clause?
What if the CCRs/restrictions amendment proposal was done in a way that removes that majority vote to amend them. In the new form, if passed, then the documents would be absent of any vote threshold, in which case the State 67% would then prevail.
But what about the point in between the old and new during passing of the new? Would the old restrictions's call for a majority allow them to be amended with just a majority even though the proposed amendment, on which was being voted, is now absent that majority clause? Or since that majority clause is absent in the proposed amendment, the state 67% would prevail and that amendment itself would take 67%+?
I assume the old majority clause would still prevail since it would still in effect during the new amendment vote, but I am not sure.