What is the procedure for amending an HOA's governing documents?

In Texas, the procedure for amending an homeowners association’s (HOA) governing documents is outlined in the Texas Property Code, specifically Chapter 209 of the code. It generally consists of four steps. First, the amendment must be proposed by either the board of directors or 10% of the members of the HOA. All proposed amendments must be in writing, and include either the full text of the proposed amendment or a summary of the proposed amendment. Second, the proposed amendment must then be presented by the board of directors at a meeting of the HOA members. If the board does not approve the amendment, then it must be presented to the HOA members at the next annual meeting or special meeting. Third, the proposed amendment must then be voted upon by the HOA members. For the amendment to pass, it must receive the affirmative vote of at least a majority of the members. Fourth, once the amendment has been passed by the members, it must then be recorded with the county clerk. The amendment must include the date it was adopted, the HOA name, and the names of the board members. Once this is done, the HOA’s governing documents will be amended and the amendment will be legally binding.

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