Texas HOA restricting voting rights.

Started by StephanM • 5 replies • 2378 views

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StephanM (Texas)
Posts: 1

Posted:

Our Texas homeowner association has placed an amendment on our next election ballot to restrict the total number of votes cast by a single individual to five votes. Even if they own 10 or 20 lots, Currently, an owner gets one vote for each lot they own. Is this voting restriction amendment legal in Texas?

RogerB (Colorado)
Posts: 5,067

Posted:

Quote:

Posted By StephanM on 10/04/2007 10:09 AM
Our Texas homeowner association has placed an amendment on our next election ballot to restrict the total number of votes cast by a single individual to five votes. Even if they own 10 or 20 lots, Currently, an owner gets one vote for each lot they own. Is this voting restriction amendment legal in Texas?

Not legal in any state where the By-laws state 1 vote per lot owned.

HaroldS (Arizona)
Posts: 906

Posted:

Of course not! They should be challenged. They can't change the CC&Rs by themselves - which is what this "amendment" is doing. It requires the proper percent of owners to make such changes. Harold

DonnaS (Tennessee)
Posts: 5,671

Posted:

Stephan,
Just when you think that you have heard it all, another one rears it's ugly head. The owners of 10 or 20 lots, pay assessments or dues for each of those lots and they get a vote for every parcel. It cannot be legal anyplace except maybe in Iran or some place without a democracy.

NancyD1 (Florida)
Posts: 447

Posted:

Stephan,

Check your doc's. The BOD cannot just make an amendment to your By-Laws. To make an amendment usually means that a certain percentage of the membership must vote for it.

LukeA (Texas)
Posts: 11

Posted:

I live in Texas and on a BOD with our small voluntary association. Our BOD did, until we changed it a couple of months back, have the authority to change the By-Laws by a majortiy vote of the BOD. Ours is one vote per Association Member regardless of how many lots or properties you own. This parallels our States Property Code governing the "creating, modifying or adding to residential restrictions" under Texas State Property Code Chapter 211 - 211.004(e)which states: "A property owner may not cast more than one vote, regardless of the number of lots the person owns. If more than one person owns an interest in a lot, the owners may cast only one vote for that lot. A person may not vote if the person has an interest in a lot only by virtue of being a lienholder." and so on.

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