Jun 29, 2023

HOAs and Voting

HOA Lawyers in Dallas Texas
HOA Lawyers in Dallas Texas

Today, we’re navigating another important part of the Texas Property Code – Section 209.0055. This section pertains to the voting rights of property owners within certain property owners’ associations in Texas. It’s a crucial statute that protects homeowners’ rights, even in complex circumstances. Let’s unpack it together.

Subsection (a) defines the type of property owners’ associations to which this rule applies. Firstly, the association must be responsible for maintaining, preserving, and exercising architectural control over both residential and commercial properties within a specific geographic area. This area must be located in a county with a population of 2.8 million or more, or a county adjacent to such a county.

Secondly, the association must be a corporation, governed by a board of trustees who can hire a general manager to implement the association’s bylaws and manage its business affairs. This corporation should not require mandatory membership from property owners within the area it governs. Furthermore, it should have been incorporated before January 1, 2006.

Subsection (b) gets to the heart of the matter, providing vital protections for property owners when it comes to voting in association elections. Even if there is a pending enforcement action against a property owner or the property owner owes any delinquent assessments, fees, or fines to the association, the association cannot bar the owner from voting.

This section of the Texas Property Code essentially underscores the principle that every property owner’s right to vote in an association election should be preserved, irrespective of outstanding enforcement actions or dues. This is a vital protection for property owners, ensuring their right to participate in the decision-making processes of the association, even if they’re in the midst of a dispute or financial disagreement with the association.

In summary, Section 209.0055 of the Texas Property Code champions the democratic principle that underpins most property owners’ associations – every member, irrespective of their individual circumstances, has a voice.

Always remember to consult with an experienced HOA attorney to fully understand the implications of these statutes as they apply to your specific scenario.

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 lawyers you can trust, Manning & Meyers is an excellent resource for your legal needs.