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Started by ConchoP • 5 replies • 226 views

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ConchoP (Texas)
Posts: 208

Posted:

In Texas, what do HOA homeowners vote on besides board elections and updating restrictions and Bylaws?

AugustinD
Posts: 1,027

Posted:

Quote:

Posted By ConchoP on 09/04/2022 10:04 AM
In Texas, what do HOA homeowners vote on besides board elections and updating restrictions and Bylaws?

To review:

-- Your Bylaws, Articles of Incorporation and CCRs will lay out what owners can and cannot vote on.

-- From what I have seen, what the governing documents usually permit or require owners to vote on is:

board elections, amendments to the governing documents, sometimes budget ratification or rejection, purchase or sale of common area (but this is an amendment to the governing doucments as much as anything), termination of the HOA, sometimes approval of a special assessment, sometimes approval of an increase in the assessments, advisory votes that have no legal force whatsoever and are either just 'for show' or possibly for the board to consider.

-- TPC 209 and BO 22 do not add more, by my reading.

-- Still the only thing that matters is what your own governing documents say.

ConchoP (Texas)
Posts: 208

Posted:

They is what I thought ours only allow for elections,deed-restrictions,and Bylaws
Because we were trying to extend traffic control into our development. State allow required a 25% membership signing a petition. We have a member saying we need to have a 75% vote on things...1) he needs to learn that a petition and a vote are two different things 2) not sure how the board could get anything done 3) the 25% is a State required to pass the petition, do you really want to go above that?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Concho,

I looked in the HOA applicable statutes and the only thing I identified concerning petitions were petitioning the court or petition for a special meeting to foreclose/remove foreclosure.

Please provide the applicable State statute number, section.

ConchoP (Texas)
Posts: 208

Posted:

Texas Transportation Code Private Subdivisions in Certain Counties and § 5TRANSP § 542.007. Traffic Regulations: 42.008.

We are private roads open to the public

ConchoP (Texas)
Posts: 208

Posted:

Texas Transportation Code Private Subdivisions in Certain Counties and § 5TRANSP § 542.007. Traffic Regulations: 42.008.

We are private roads open to the public

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