Texas law requires property owners' associations to hold at least one annual meeting of their members. If the board fails to call one, a property owner may demand that a meeting be held within 30 days of the demand. The request must be submitted by certified mail .

Texas Law

Who can vote?

Generally, all property owners subject to a property owners' association have the right to vote in:

• election of the Board of Directors; and
• matters regarding the rights and responsibilities of property owners.

Certain associations cannot prevent a member from voting simply because they owe assessments or have a pending enforcement action. See Section 209.0055 of the Texas Property Code to determine how this law may apply to your association.

What notice is required?

Property owners must be given no less than a 10-day notice and no more than a 60-day notice of an upcoming vote to be taken at a members' meeting. The notice must be in writing. For votes not taken at a meeting, the association must provide a notice of at least 20 days before the last day a ballot can be submitted.

Is it one vote per owner? Or one vote per property?

Texas law does not specify whether property owners' associations' elections must allow one vote per property owner or one vote per property or lot. To learn how the votes are allocated in your association, check the association's bylaws, election rules, or other governing documents.

Where can I see a list of all voting members?

Texas nonprofit corporation law states that once a members' meeting is called, the association must prepare a list of all voting members. It must be made available to all voting members for inspection or copying in advance and at the meeting. The list must specify:

• members entitled to receive notice of the upcoming meeting;
• members not entitled to receive notice of the upcoming meeting;
• addresses of the voting members; and
• a number of votes each voting member is allowed to cast.

Texas Law

Texas law requires some important votes to be cast by a written and signed ballot, but an association may require the use of ballots in additional matters. The law requires ballots for the following votes:

• votes cast outside of a meeting;
• election or removal of board members;
• adoption or amendment of dedicatory instruments (such as bylaws or restrictive covenants);
• increases in regular assessments (such as membership dues); and
• adoption of special assessments.

Under Texas law, electronic ballots qualify as written and signed.

Are secret ballots allowed?

An association may adopt rules allowing votes by secret ballot. The rules must include provisions to:

• prevent a member from casting more votes than they are allotted; and
• ensure all eligible votes are counted.

Texas Law

Texas law states that property owners "must be allowed to vote by absentee ballot or proxy." Unless otherwise stated in the governing documents, the association does not have to provide more than one voting method. This law is in Section 209.00592(a-1) of the Property Code. A vote cast in person supersedes an absentee ballot.

If the language of the action voted on is changed during the meeting, the absentee ballot will not be counted for that section. 

Absentee ballots must contain specific information, including:

• each proposed action and the opportunity to vote for or against each action;
• instructions for how to submit a completed ballot; and 
• language required by Sect. 209.00592(c)(3). 

Texas Law

Members of a property owners' association must be given notice of board meeting in advance, with some exceptions. This requirement can be found in Section 209.0051 of the Texas Property Code. Notices must include the date, time, location, and subject of the meeting. If a meeting is to be held electronically or over the phone, the notice must include instructions for how to connect and listen to the meeting.

The board can notify the members in one of the following ways:

• By mailing notice to the owners 10-60 days in advance;
• By posting notice in the designated common area of the property. A 144 hours' notice is required for regular meetings. A 72 hours' notice is required for special meetings;
• By posting notice on the association's website and notifying the owners by email. A 144 hours' notice is required for regular meetings. A 72 hours' notice is required for special meetings.

Texas Law

With the exception of some confidential topics, regular and special board meetings of property owners' associations must be open to all members. Actions that can only be taken at an open meeting are listed in Section 209.0051(h) of the Texas Property Code. Topics that must be considered and voted on in open meetings include, among others:

• fines;
• assessments;
• adoptions or amendments of dedicatory instruments;
• borrowing or lending money;
• buying or selling real property; and
• filling vacancies on the board or electing officers.

Meeting minutes are part of the property owners' association records. They must be made available to members of the association and kept for at least 7 years.

Texas Law

If the board wants to discuss certain sensitive topics outside of an open board meeting, they may decide to reconvene in a confidential executive session. This means that property owners who aren't board members may not sit in on or participate in the meeting. Topics that may be discussed in closed executive sessions are listed in the Texas Property Code, Section 209.0051(c). The list includes matters such as:

• lawsuits;
• privileged communications with an attorney;
• actions involving personnel;
• contract negotiations;
• enforcement actions;
• matters involving invasion of privacy; and
• other confidential matters.

If the board makes a decision or approves any expenditures in an executive meeting, the actions must be summarized and added to the meeting minutes in a way that does not breach the confidentiality of the persons. 

Texas Law