Note The association's bylaws and/or articles of incorporation are the best source of information about the board of directors. They often say how the board is elected and how long the directors serve.

State law usually applies only if the governing documents are silent on these topics.

Powers of a board of directors vary from association to association. They are typically defined in the declaration and other governing documents.

The law grants specific powers to boards in select counties, listed in Section 204.002 of the Property Code. According to Gregory S. Cagle's Texas Homeowners' Association Law (p. 391), this includes Harris, Montgomery, and Galveston counties. In these counties, boards may take actions listed in Section 204.010, unless the governing documents say otherwise.

Texas law does not say who is eligible to serve on a board of directors. Legally, a director doesn't have to be a member of the organization. However, many associations define their own eligibility criteria. 

Property Code Section 209.00591 regulates some eligibility restrictions that can be imposed:

• 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

A board of directors must have at least three members. The association's governing documents typically say how many people will serve on the board. Otherwise, the number will equal the number of directors served on the original board. 

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