Can someone who owes money to HOA in TX run for the board

It should be in your documents about being in good standing. However it should be noted does not mean they can not be elected if people decide to vote for them. Who is going to vote someone in that does not pay their dues?

What DO your Bylaws say, Donna?

Our bylaws don't say it, because my understanding is the TX Property Code would override our bylaws. Is that true?

Whether TX code would override your Bylaws depends on the exact wording of each. Please cite the TX Code on this topic. And are you sure you'e citing the correct code for your type of Association?

So, you're on the boar an know about the delinquency. But you can't reveal it. Interesting problem!

How about the Board holding a Candidates Night where Owners may question the candidates about various topics. In my HOA the questions all all anonymous and written on cards for a neutral person to read to the candidate. In our HOA, the PM does the task. I can supply more details if interested. At such an event, an owner can write to each candidate if they are current on their dues.

As far as the state law is concerned, you'll have to look at that yourself. Note when it took effect and what HOAs it applies to - it may be all of them or HOAs that were established on or after the law took effect. Then read your documents again and note when the HOA was established and compare the dates.

As for the person who owes money to the HOA, it can't tell everyone else that he/she owes money, so if your documents say delinquent homeowners are ineligible, the board should send the owner a letter reminding him/her of this. If the owner wants to make the account current before the election, that should make him eligible (partial payments don't count). Otherwise, you'll have to campaign for the other candidates to make sure they get more votes so this person won't win.

Is there something in Texas law that makes this confidential? Per FS 718 and FS 720 in Florida any member could inspect and copy the association records including payment status. We never went out of our way to publicize delinquent accounts, but it was available to see if anybody wanted to look. I'm not sure what open records laws TX has, but if they are similar to FL, then you could suggest to other owners what records request they might want to make.

In order to survive a legal challenge by the person, the Board would have to discuss the situation in an open meeting.

#8 below. These are things a board is forbidden to do outside of an open meeting in Texas. It is in Sec. 209.0051. OPEN BOARD MEETINGS. I would think voiding a member's ability to be on the board would be consider a suspension of a right.

The board may not, unless done in an open meeting for which prior notice was given to owners under Subsection (e), consider or vote on:

(1) fines;

(2) damage assessments;

(3) initiation of foreclosure actions;

(4) initiation of enforcement actions, excluding temporary restraining orders or violations involving a threat to health or safety;

(5) increases in assessments;

(6) levying of special assessments;

(7) appeals from a denial of architectural control approval;

(8) a suspension of a right of a particular owner before the owner has an opportunity to attend a board meeting to present the owner's position, including any defense, on the issue;

(9) lending or borrowing money;

(10) the adoption or amendment of a dedicatory instrument;

(11) the approval of an annual budget or the approval of an amendment of an annual budget;

(12) the sale or purchase of real property;

(13) the filling of a vacancy on the board;

(14) the construction of capital improvements other than the repair, replacement, or enhancement of existing capital improvements; or

(15) the election of an officer.