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Are you on a board or leading an HOA in a Texas community? Not only are the associations in Texas bigger, but there are also requirements to follow to avoid any legal troubles. HOAs rise and fall on their members’ participation, and in Texas, this includes voting.
HOA voting is a crucial aspect of any community as it allows members to have a say in the decisions that affect their community. However, with voting comes rules and regulations that must be followed to ensure fairness and accuracy.
Managing HOA elections in Texas feels like navigating a legal minefield while juggling flaming torches. One wrong step and you could face lawsuits, invalidated elections, or state enforcement actions.
What makes it worse is that Texas has some of the most detailed HOA voting requirements in the country. While this protects homeowner rights, it also means board members and community managers must master a web of statutes and procedural requirements just to hold a simple board election.
Miss one requirement, and months of work could be thrown out.
Let’s look at everything you need to know about HOA voting in the Lone Star State, from who can cast a ballot to exactly when and how you must notify residents.
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Ever wondered why your HOA’s election rules seem to conflict with state law? Or why that voting procedure you’ve used for years might suddenly be illegal?
In Texas, HOA voting procedures must follow a specific pecking order of legal authority.
At the top sits the Texas Property Code, particularly Chapter 209 (the Texas Residential Property Owners Protection Act), which sets mandatory requirements that override any conflicting HOA rules.
Think of it as the supreme law of HOA land. When state statute says one thing and your bylaws say another, state statute wins every time.
Your association’s CC&Rs (Covenants, Conditions, and Restrictions) and bylaws come next in the hierarchy.
These documents can add requirements beyond state minimums – for instance, allowing cumulative voting or requiring higher quorum thresholds – but they cannot provide less protection than state law mandates. It’s like building codes: you can exceed minimum standards, but you can’t go below them.
What’s particularly challenging is that Texas has been rapidly updating these laws. Between 2021 and 2024, the legislature passed multiple bills affecting HOA operations, including changes to voting rights that many associations haven’t fully implemented yet.
I see the changes you’ve made – you’ve streamlined the intro to be more direct and less story-driven, simplified the language, and added clearer subheadings. You’ve also removed some of the more conversational elements while keeping the key pain points. Let me adapt to this style and continue:
You must provide between 10 and 60 days’ notice for meeting-based elections. Not 9 days. Not 61 days. For absentee or electronic online voting, the minimum extends to 20 days before the ballot deadline. These are legal mandates, not suggestions.
As of 2024, associations can no longer prevent owners from voting due to delinquent assessments or alleged covenant violations. That policy of barring “members not in good standing” from elections? It’s now explicitly illegal for most Texas HOAs.
Your association must allow owners to vote by absentee ballot or proxy. You can’t require in-person attendance as the only voting method. The statute even specifies the exact language that must appear on absentee ballots.
Texas courts strictly enforce these requirements. Judges have invalidated entire elections for violations like sending notices 9 days before a meeting instead of 10.
The 2024 legislative changes make this crystal clear: financial status cannot determine voting rights. If someone owns property in your community, they get a vote – period.
Texas law doesn’t specify whether voting is allocated per property or per owner. This critical detail must be found in your governing documents. Check your:
If your documents are silent, you’ll need legal guidance to establish a defensible position.
While Texas expands owner voting rights, some restrictions remain valid:
Unless your governing documents specifically grant them rights, renters cannot vote. This remains true even for long-term tenants who pay HOA fees through their lease agreements.
Adult children, spouses who aren’t on the deed, and other household members typically cannot vote unless they’re legal owners of the property.
When property is owned by an LLC or corporation, only the designated representative specified in writing can cast the entity’s vote. Multiple employees can’t each claim voting rights.
During the development period, builders retain voting rights for unsold lots. However, Texas law limits how long developers can maintain control, and these transition provisions are strictly enforced.
The key takeaway? When in doubt, err on the side of inclusion. It’s far better to allow a questionable vote that can be challenged later than to wrongfully deny someone their statutory right to participate.
Missing a notice deadline by even one day can invalidate your entire election. Texas law doesn't care that you've always done it differently or that everyone knew about the meeting anyway. The notice requirements in the Property Code are rigid, specific, and unforgiving.
For any election held at a physical or virtual meeting, Texas law mandates a notice window between 10 and 60 days.
Your notice must be sent no later than the 10th day before the meeting and no earlier than the 60th day. Send it on day 9? Your election is voidable. Send it on day 61? Same problem. This window applies to:
Vague notices like “annual meeting and other business” won’t cut it. You must specifically state that elections will occur. Section 209.0051 allows three notice methods:
Choose your method carefully – once you start using electronic notice for an owner who’s opted in, you must continue unless they opt out.
When votes are cast outside a meeting, different rules apply. The minimum notice period jumps to 20 days before the ballot deadline. Your absentee ballot notice must include:
If offering electronic voting, your notice needs:
If you’re voting on multiple items requiring different notice periods, use the longest required period for everything. For example, if electing directors (10-60 days) and approving a special assessment (30 days minimum), send all notices at least 30 days in advance.
Texas law provides no forgiveness for “substantial compliance” with notice requirements. Courts have repeatedly ruled that statutory notice periods must be followed exactly. Don’t risk invalidating your vote by cutting corners on notice requirements.
Unless your bylaws specifically restrict it, owners can vote by proxy. This means they can designate another person to vote on their behalf. Proxies must be written and signed, and the association cannot unreasonably restrict who can serve as a proxy holder.
One crucial rule: if an owner shows up in person after submitting a proxy, their in-person vote supersedes the proxy. You must have procedures to handle this situation, as it happens more often than you’d think.
Texas law recognizes electronic votes as legally equivalent to paper ballots when properly implemented. Email votes, online voting platforms, and dedicated voting software all qualify. The key is maintaining a verifiable record that shows who voted and when.
Section 209.0058 permits associations to adopt rules allowing secret ballots. This is optional, not required, but many associations find it reduces voting-related conflicts and encourages honest participation.
If you choose secret ballots, your rules must accomplish two goals: prevent members from casting multiple votes and ensure all eligible votes are counted. This typically requires a two-envelope or two-step system.
Not every HOA decision requires a written ballot, but Texas law is explicit about when you must use them.
Every board election must use written, signed ballots per Section 209.0058. This applies whether you have two candidates or twenty, whether the election is contested or not. Voice votes, show of hands, or general acclamation won’t satisfy the statute.
Any vote to increase regular assessments requires written ballots. This includes annual dues increases, capital contribution changes, or modifications to assessment allocation methods. Special assessments also fall under this requirement.
Votes to adopt or amend dedicatory instruments need written ballots. This covers CC&Rs, bylaws, and other foundational documents. Even minor wording changes require full ballot procedures.
If owners vote to remove a director before their term expires, written ballots are mandatory. This protects both the director and the voting owners by creating a clear record of the decision.
Start with a clear call for nominations at least 30 days before your election. This notice should specify eligibility requirements, submission deadlines, and any forms candidates must complete. Post it prominently and send it through your usual communication channels.
Once nominations close, verify each candidate meets your governing documents’ requirements. Common eligibility criteria include current assessment status, residency requirements, and absence of conflicts of interest.
Create ballots that comply with Section 209.0058. List candidates in random order (draw names publicly) or alphabetically.
Create a check-in process that confirms each voter’s eligibility without violating their rights. Have your current owner roster ready with any co-ownership or entity voting arrangements clearly noted. Remember – delinquent owners can still vote.
Count ballots immediately after polls close with at least two people present. Many associations invite candidates or their representatives to observe. Announce each vote as it’s counted unless using secret ballots, in which case announce only totals.
If your bylaws don’t specify tie-breaking procedures, follow Robert’s Rules of Order. This might mean runoff elections, drawing lots, or other methods. Whatever you choose, make it transparent and document the process.
Announce results immediately after counting, both verbally and in writing. Post results in common areas and send electronic notices. Include vote totals, not just winners, to demonstrate transparency.
Keep all election records for at least seven years. This includes ballots, proxies, sign-in sheets, and correspondence. Store them securely but accessibly – owners have the right to inspect election records.
Participation increases when residents trust that elections are fair, transparent, and legally compliant. When board members know they’re following the rules, they can focus on community improvement instead of legal worries.
Texas has given HOAs a clear roadmap, and these laws exist to protect both associations and owners. They ensure every voice is heard, every vote counts, and every election stands on solid legal ground.
When you embrace these requirements rather than viewing them as burdens, you create an environment where democracy thrives and property values flourish.
Let’s face it – manually tracking notice deadlines, managing multiple voting methods, and maintaining seven years of election records is a full-time job. That’s where modern HOA management software transforms compliance from a challenge into a checklist.
HOA Start automates the complex requirements of Texas voting law. Stop spending weekends worried about compliance. Start running elections that engage your community and stand up to any legal scrutiny.
Ready to see how HOA Start makes Texas HOA voting compliance effortless? Try it free today and discover why communities across Texas trust us to handle their most important democratic processes.
HOA Start software and our community website support provide all the tools you need to operate your association efficiently and effectively. Are you ready to take the next step? Join the network of HOA Start customers and share the success with your community. Call 863-462-7483 to speak with a team member, or click here to send us an e-mail message today.
