RogerJ1 (Texas)
Posts: 550
Posts: 550
Posted:
The new Texas Property code is fairly lengthy and has certain carve-outs for POAs/HOAs in certain locations and sizes. The particular POA in question is located in an unincorporated part of Fort Bend county and I believe it falls in the extraterritorial jurisdiction of the city of Houston - although that last part might not be the case, because the County and Houston have negotiated that back and forth for many years on an ad-hoc basis as parts of the county have grown rapidly, so there might be some agreement removing Houston's rights to the area that I do not know. Fort Bend County's population is ~811,000.
I bring those statistics up because section 211 has carves out exclusions:
"(4) "Residential real estate subdivision" or "subdivision" means all land encompassed within one or more maps or plats of land that is divided into two or more parts if:
(A) the maps or plats cover land all or part of which is not located within a municipality and:
(i) for a county with a population of less than 65,000, is not located within the extraterritorial jurisdiction of a municipality;
(ii) for a county with a population of at least 65,000 and less than 135,000, is located wholly within the extraterritorial jurisdiction of a municipality; or
(iii) for a county that borders Lake Buchanan and has a population of at least 18,500 and less than 19,500, is located wholly within the extraterritorial jurisdiction of a municipality;"
Section 211.004 seems to require some specific things my POA is not doing in its attempt to amend the CCR.
Specifically four things I am wondering:
1) This POAs Board plans to give every lot one vote even if a person owns more than 1 lot - i.e. if someone owns two lots, that person gets two votes but Texas 211.004 states: "(e) 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."
2) The Board plans to allow people to mail ballots or email them or voice vote on a conference calls which seems opposed to Texas 211.004: "(f) A ballot cast under this section is secret and may not be counted unless it is placed inside an unmarked envelope that is placed inside another envelope that bears the signature and printed name of the property owner casting the enclosed ballot."
3) The Board is receiving the ballots directly and plans to count them which seems opposed to Texas 211.004: "(g) The presiding officer of the property owners' association shall appoint an election canvassing committee and a committee chairperson to canvass and count the votes and determine the outcome."
4) The Board plans for a majority ruling even if less than 2/3 which seems opposed to Texas 211.004: "(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."
Questions:
1) Does 211.004 apply, or is there perhaps some exclusions that would make it not apply?
2) If it does apply, what happens if any of those four things listed above, or possibly othrr requirements, are not followed?
I bring those statistics up because section 211 has carves out exclusions:
"(4) "Residential real estate subdivision" or "subdivision" means all land encompassed within one or more maps or plats of land that is divided into two or more parts if:
(A) the maps or plats cover land all or part of which is not located within a municipality and:
(i) for a county with a population of less than 65,000, is not located within the extraterritorial jurisdiction of a municipality;
(ii) for a county with a population of at least 65,000 and less than 135,000, is located wholly within the extraterritorial jurisdiction of a municipality; or
(iii) for a county that borders Lake Buchanan and has a population of at least 18,500 and less than 19,500, is located wholly within the extraterritorial jurisdiction of a municipality;"
Section 211.004 seems to require some specific things my POA is not doing in its attempt to amend the CCR.
Specifically four things I am wondering:
1) This POAs Board plans to give every lot one vote even if a person owns more than 1 lot - i.e. if someone owns two lots, that person gets two votes but Texas 211.004 states: "(e) 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."
2) The Board plans to allow people to mail ballots or email them or voice vote on a conference calls which seems opposed to Texas 211.004: "(f) A ballot cast under this section is secret and may not be counted unless it is placed inside an unmarked envelope that is placed inside another envelope that bears the signature and printed name of the property owner casting the enclosed ballot."
3) The Board is receiving the ballots directly and plans to count them which seems opposed to Texas 211.004: "(g) The presiding officer of the property owners' association shall appoint an election canvassing committee and a committee chairperson to canvass and count the votes and determine the outcome."
4) The Board plans for a majority ruling even if less than 2/3 which seems opposed to Texas 211.004: "(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."
Questions:
1) Does 211.004 apply, or is there perhaps some exclusions that would make it not apply?
2) If it does apply, what happens if any of those four things listed above, or possibly othrr requirements, are not followed?