Texas HOA President overstepping his authority.

Our Texas subdivision has 5 rental homes, but no Amendment establishing a Rental Cap.
The Homeowners want a Cap of 5%.
We have a 3-member Board.
The new President of the HOA agrees to a Rental Cap Amendment, but wants 8%.
The President believes that if he and one other Board member agree, they can force this on the homeowners.
He refuses a survey to see determine what the Homeowners want, before putting the Amendment to a vote.
The vote would fail, and no CAP would be achieved.
Can he do this?

-- For the purposes of amending the Declaration, the President can lawfully act only with the approval of a board majority.

-- If two directors want to put this to a vote, then this is lawful, as long as all other steps for amending the declaration (as given in the declaration itself) are followed perfectly.

-- Where board approval is required and not obtained by the President, the president may be acting "ultra vires" and risking a lawsuit. See BO 20.002.

-- If a board majority forces a meeting where a vote on the cap will take place, ask that the notice for the meeting include a motion to amend the proposed amendment to 5%.

-- The procedure for amending the Declaration, as given in the Declaration itself, must be followed perfectly. Is it?

-- Be advised that the five homes currently being rented must be grandfathered in and so not vulnerable to having their right to rent taken away, until possible the ownership of the home changes. The proposed amendment should speak to this.

-- An attorney should be used to prepare the proposed amendment and speak to the grandfathering aspect. The land mines for an amendment imposing a rental cap are legion.

-- Be aware that a director and officer (President, VP, treasurer etc.) are two different roles. Hence: Please confirm that the President is also a duly elected director. Overview: Owners elect directors, unless a board vacancy occurs mid-term. Directors (not owners) elect officers.

TimB4, your suggestion is what our association did two years ago. To implement that we had an association vote and received a 98% vote to change our declaration. so far, the change has kept investors out of the HOA.

It appears you did not read the first post with even an iota of care.

Uneducated much?

I see you still did not read the first post in the thread.

If you had, you would see that the HOA President has said it takes two of three board members to agree to put an item up for an owners' vote.

Shelia replied to elle: "Don't know why you've gotten so salty towards me while I was taking a break from posting- who hurt you? This is National Mental Health Month- therapy might do you some good. In the meantime, I will continue to be me and say what I say and mean what I say." That is all." Kudos, Shelia!

I hope that other regular posters will also praise you for your worthwhile contributions despite elle's snark-talk."Uneducated much?" directed at you??? Is this really OK to other readers???? Or are some afford of elle???

I, too have noticed that elle has been rude to you since your return. Hate to say it, but join the club, she's been disgustingly rude to me off and on for quite some time. I imagine you don't follow all of the posts, but most recently, she accused me of lying about my 14 years of service* on my HOA Board. Being very slow at everything nowadays, I didn't contact the moderator, but will reply to that one. WE cannot let bullies speak without resisting or everyone here thinks this one is OK.

elle seems to, um, resent those of us who've done the hard rigorous labor of board service for a long time. She probably remembers you served 10 years and also as treasurer. I feel you're a valuable contributor to this forum. Not sure why she's picked tow women at which to spew her bile.
n
She's woderful at researching HOA topics about the law, statues, etc. BUT,pieced together from a few hints of hers her & there on this forum: She served one or two years on one for two boards. I think one. The HOA was large, but seemingly non-complex. She didn't seek reelection, or lost. The time periods seems to have been late 2000s, perhap a year into the teens. She hasn't even owned on an HOA for several years now.

* B/c of friendly personal correspondence will elle some years back, she knows very well that at that time I'd served 12 years, took a year off and was considering 2 more years (which I did run for and won). I know her real first name and she, mine. They are very similar and start with the same letter.

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A motion to who? A board is not required to recognize a motion to include an issue on a board meeting agenda nor do the owners have a right to vote at a board meeting.

To accomplish what you suggest, a special owners meeting must be called by the owners for that purpose.

If the board’s proposal fails at a meeting of the members, the reason the meeting was called, then an owner may make a motion. Not before.