Note The property owners' association's bylaws and articles of incorporation are the best sources of information about boards of directors. They will often say who is eligible, how the board is elected, and how long the directors serve. Typically, state law only applies if the governing documents do not discuss these topics.

The powers of a Board of Directors will vary from association to association. They are typically defined in the Declaration or other governing documents.

In certain counties, Section 204.010 of the Property Code lists specific actions the Board may take on behalf of the association, except when the governing documents say otherwise. Counties that qualify are listed in Sect. 204.002. According to Gregory S. Cagle's Texas Homeowners' Association Law (p. 391), it includes Harris, Montgomery, and Galveston counties.

Consult the Declaration and other governing documents to determine the powers of the Board in a specific subdivision. 

In general, Texas law does not contain any specific requirements for someone to be eligible to serve on the Board of Directors. A director doesn't even have to be a member of the organization. However, many property owners' associations create their own eligibility requirements in the governing documents. They often include a requirement for directors to be property owners or residents of a property in the association.

Texas Property Code states that there are very few restrictions that can be imposed regarding eligibility for the Board. These include:

• Bylaws can require one or more board members to live in the subdivision, but they cannot require all board members to live there.
• In associations with more than 10 lots, members who live in the same residence cannot serve on the Board at the same time.
• Board members who were convicted of a felony involving moral turpitude within the past 20 years may be immediately relieved of their position and prevented from serving on the Board in the future.

Texas Law

There must be at least three people on the Board of Directors. If an association's governing documents do not state how many people must serve on the Board of Directors, Texas law says that the number will be equal to the initial number of directors listed in the association's Articles of Incorporation.

Texas Law

The governing documents of a property owners' association will often define the process for electing the Board. Section 22.206 of the Texas Business Organizations Code states that if the governing documents do not contain this information, the directors will be elected by the Board itself.

Section 209.00593 of the Texas Property Code provides additional rules. The key points of this section include:

• A director whose term has expired must be replaced by election;
• The Board may appoint members to fill vacant positions;
• Board members who are appointed to fill a vacant position will only serve the remainder of the term;
• In associations of more than 100 lots, members must be given a 10-day notice before ballots are distributed. This allows members to request that their name be placed on the ballot.

Texas Law

The governing documents of a property owners' association will often say how long a director's term will last. If the term is undefined, the directors will serve "until the next annual election of directors and until a successor is elected, appointed, or designated and qualified." This law is in the Texas Business Organizations Code.

Texas Law

The governing documents of a property owners' association will often have instructions for removing a member from the Board. If there are no instructions, the Texas Business Organizations Code states that a director may be removed by the "persons entitled to elect, designate, or appoint the director." If there was an election to appoint the director, a vote must also be taken to remove them. The number of votes to remove the director must equal the number of votes required to elect them.

Unless the governing documents state otherwise, a director may also resign at anytime by submitting their resignation in writing.

Texas Law