How are HOA elections conducted?

In Texas, Homeowners Associations (HOAs) are governed by Title 11 of the Property Code and the Texas Non-Profit Corporation Act. The rules governing how HOA elections are conducted are outlined in Chapter 209 of the Texas Property Code. First, the Board of Directors must give at least 15 days’ notice before the election is to be held. This notice must include the time, place, and purpose of the meeting. If there is any proposed modification of the HOA’s governing documents, they must be included in the notice too. All meetings must be open to all members of the HOA. Quorum requirements must also be set before the election. Voting must be done in an open manner, either by written ballot or by verbal assent from members. The HOA may require a just and reasonable deposit or fee from voting members before the election. The election results must be certified by the person conducting the election and made available to all members. After the election, the newly elected officers must assume their positions within two weeks after the election. If they don’t, the existing Board of Directors may appoint officers until the newly elected officers assume their duties. If an office remains vacant, the preceding officers continue to serve in their positions until it is filled. In summary, HOAs in Texas are required to conduct elections in a manner that is open, transparent, and accessible to all members, and that ensures the successful transition of officers after the elections are concluded.

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