What are the legal requirements for amending HOA governing documents?

In Texas, amending HOA governing documents is allowed, but there are legal requirements that must be followed. First, an amendment must be in line with the Texas Property Code and must be approved by the board of directors, which is made up of members who are elected to serve on the board for a period of time. The amendment must be written and must be approved by either a majority of the board or by a two-thirds majority of the members who vote. Next, the amendment must be published either in a newspaper or other publication. This publication should include the full text of the amendment, a time, date, and place of the meeting where the amendment was discussed and voted on, and a statement about who is eligible to vote. Lastly, the amendment must be recorded with the County Clerk in the county where the HOA operates. This recording should include a copy of the amendment and an affidavit signed by the board of directors attesting to its adoption by the HOA. Therefore, the legal requirements for amending HOA governing documents in Texas are that the amendment must be in line with the Texas Property Code, approved by the board or members, published in a newspaper or other publication, and recorded with the County Clerk.

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