Jun 29, 2023

HOAs and Notice of Association Election or Vote

HOA Lawyers in Dallas Texas
HOA Lawyers in Dallas Texas

In today’s blog post, we’re dissecting Section 209.0056 of the Texas Property Code. This section stipulates specific timeframes for notifying homeowners about upcoming elections or votes within their Property Owners’ Associations (POAs). Let’s go through this crucial piece of legislation step-by-step.

Subsection (a) refers to elections or votes taking place at a meeting of the owners. The POA must provide written notice of such an event no earlier than 60 days and no later than 10 days before the election or vote. This notice is to be given to:

  1. Every property owner, in the case of an association-wide election or vote.
  2. Each owner who, according to the association’s governing documents, is entitled to vote in a particular representative election. This scenario applies when electing representatives who have the authority to elect or appoint board members of the POA.

Subsection (a-1) refers to elections or votes not conducted at a meeting. In this case, the POA must notify all owners entitled to vote on any matter under consideration no later than 20 days before the final date on which a ballot may be submitted. This allows ample time for owners to submit their votes, even when voting is not happening in person.

Subsection (b) is a vital part of this section, asserting that these requirements supersede any conflicting requirements in a POA’s dedicatory instruments. This means that even if your HOA bylaws or other governing documents specify different timelines, the Texas Property Code’s timelines take precedence.

Finally, Subsection (c) clarifies that this section does not apply to POAs that fall under Chapter 552, Government Code, per Section 552.0036, Government Code.

In summary, Section 209.0056 underscores the importance of timely and proper communication within POAs when it comes to voting and election matters. It is designed to ensure every homeowner has adequate notice and can fully participate in these crucial association decisions.

As always, be sure to consult with a knowledgeable HOA attorney for insights and advice tailored to your specific circumstances.

Stay tuned for more in-depth discussions on the Texas Property Code. Empower yourself with knowledge and ensure that your property owners’ association is a fair and democratic place for all!  And remember, when it comes to HOA law, Manning & Meyers is an excellent resource for your legal needs.