TheresaR3 (Texas)
Posts: 1
Posts: 1
Posted:
In Texas, is there a state law that says amending bylaws requires a vote of membership?
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Started by TheresaR3 • 5 replies • 322 views
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AugustinD
Posts: 3,698
Posts: 3,698
Posted:
Quote:
Posted By TheresaR3 on 02/10/2022 8:43 AM
In Texas, is there a state law that says amending bylaws requires a vote of membership?
In Texas, is there a state law that says amending bylaws requires a vote of membership?
AugustinD
Posts: 3,698
Posts: 3,698
Posted:
Theresa,
-- Please quote verbatim exactly what your HOA/COA's bylaws say about the procedure for amending.
-- Please confirm that your HOA/COA is a nonprofit corporation. HOAs and COAs usually are nonprofit corporations. If your HOA/COA is a nonprofit corporation, then from the Texas Nonprofit Corporation statute:
The board of directors may amend or repeal the bylaws, or adopt new bylaws, unless:
(1) this chapter or the corporation's certificate of formation wholly or partly reserves the power exclusively to the corporation's members;
(2) the management of the corporation is vested in the corporation's members; or
(3) in amending, repealing, or adopting a bylaw, the members expressly provide that the board of directors may not amend or repeal the bylaw.
(from https://statutes.capitol.texas.gov/Docs/BO/htm/BO.22.htm )
-- Please quote verbatim exactly what your HOA/COA's bylaws say about the procedure for amending.
-- Please confirm that your HOA/COA is a nonprofit corporation. HOAs and COAs usually are nonprofit corporations. If your HOA/COA is a nonprofit corporation, then from the Texas Nonprofit Corporation statute:
The board of directors may amend or repeal the bylaws, or adopt new bylaws, unless:
(1) this chapter or the corporation's certificate of formation wholly or partly reserves the power exclusively to the corporation's members;
(2) the management of the corporation is vested in the corporation's members; or
(3) in amending, repealing, or adopting a bylaw, the members expressly provide that the board of directors may not amend or repeal the bylaw.
(from https://statutes.capitol.texas.gov/Docs/BO/htm/BO.22.htm )
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
It is all in the documents the requirements for changing. Each one has a different percentage or requirement. It should be noted that CC&R's and Articles of Incorporation are required to be filed. By-laws and ACC typically are not. They are exclusive to the HOA while the others a public. One can file the by-laws WITH the CC&R's but it's not a requirement.
Must define what you have a by-law or a CC&R's. Plus make sure a special meeting isn't required to cast vote for the change. Our HOA that is required. However, we were able to by-pass that by having people sign a document giving their rights away to cast the vote at a special meeting. This allowed us to gather votes at-will.
Must define what you have a by-law or a CC&R's. Plus make sure a special meeting isn't required to cast vote for the change. Our HOA that is required. However, we were able to by-pass that by having people sign a document giving their rights away to cast the vote at a special meeting. This allowed us to gather votes at-will.
Former HOA President
BenA2 (Texas)
Posts: 1,273
Posts: 1,273
Posted:
Assuming you are referring to an HOA that is not a condo association, there is no state law requirements for changing the bylaws. There is a state law that requires 67% of owners to change the declarations unless your declarations state a lower amount.
LaskaS (Texas)
Posts: 1,025
Posts: 1,025
Posted:
if it's a condominium in texas.. tuca 82 indicates .. your community bylaws would be where to find that info
Sec. 82.106. BYLAWS. (a) The administration and operation of the condominium are governed by the bylaws, which must provide for:
(1) the number of members on the board and the titles of the officers of the association;
(2) election by the board of a president, treasurer, secretary, and any other officers the bylaws specify;
(3) the qualifications, powers and duties, terms of office, and the manner of electing and removing a board member or officer and filling vacancies;
(4) the powers, if any, that the board or an officer may delegate to other persons or to a managing agent;
(5) the designation of officers who are authorized to prepare, execute, certify, and record amendments to the declaration on behalf of the association;
(6) the method of amending the bylaws; and
(7) the manner of notice of meetings of the association.
(b) Subject to the declaration, the bylaws may provide for other matters the association considers desirable, necessary, or appropriate.
if your condominiums were created before 94 and your association hasn't adopted tuca, then the texas 81 governs.
Sec. 81.201. AUTHORITY OF COUNCIL OF OWNERS. (a) The council of owners of a condominium regime may adopt and amend bylaws.
however, that's only if your bylaws are silent. bylaws should include the method of amending the bylaws. Our bylaws, even though we are governed by 81, clearly state that changes to the bylaws require a member vote.
Sec. 82.106. BYLAWS. (a) The administration and operation of the condominium are governed by the bylaws, which must provide for:
(1) the number of members on the board and the titles of the officers of the association;
(2) election by the board of a president, treasurer, secretary, and any other officers the bylaws specify;
(3) the qualifications, powers and duties, terms of office, and the manner of electing and removing a board member or officer and filling vacancies;
(4) the powers, if any, that the board or an officer may delegate to other persons or to a managing agent;
(5) the designation of officers who are authorized to prepare, execute, certify, and record amendments to the declaration on behalf of the association;
(6) the method of amending the bylaws; and
(7) the manner of notice of meetings of the association.
(b) Subject to the declaration, the bylaws may provide for other matters the association considers desirable, necessary, or appropriate.
if your condominiums were created before 94 and your association hasn't adopted tuca, then the texas 81 governs.
Sec. 81.201. AUTHORITY OF COUNCIL OF OWNERS. (a) The council of owners of a condominium regime may adopt and amend bylaws.
however, that's only if your bylaws are silent. bylaws should include the method of amending the bylaws. Our bylaws, even though we are governed by 81, clearly state that changes to the bylaws require a member vote.
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