Question:
Are homeowners votes required in order to amend HOA documents to include texas laws. i.e. If it is a texas law, can the board make the amendments without the homeowners vote.
– Helen
Answer:
Hi Helen,
In Texas, homeowner votes are generally required to amend HOA governing documents, even if the proposed changes are intended to reflect or align with newly enacted state laws. Your HOA’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs) will outline the exact amendment process, but most require approval by a supermajority of homeowners.
Even when a Texas law mandates a specific standard for all HOAs (such as rights related to flags, security cameras, or religious displays), the law is enforceable regardless of whether the HOA has amended its documents. However, that does not give the board authority to unilaterally change the CC&Rs. They must still follow the process in the governing documents, which usually involves a community vote.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
