HOA Board in Texas Not Functioning

Question:

We have been without a management company since July2022.
The two people left on the board are the former President (has control of the Community Account and unwilling to uphold landscape contract, he has breached the contract, therefore nothing is being done unless the community members take care it to me has been holding the community hostage, with very little contact email or otherwise) and a newly elected member since November21; just constant bickering between the two of them; went from 5 members to these two and now everything has stalled…any assistance would be greatly appreciated.

– Candance

 

Answer:

Hi Candance,

According to the Texas Property Owners’ Associations statutes, “If a property owners’ association’s governing documents do not state how many people the Board of Directors must consist of, Texas law states that there will be as many as the initial number of directors stated in the Articles of Incorporation. However, there must be at least three people on the Board of Directors.”

Make sure that your association holds an election to get the HOA board in order. Vacant positions may be filled by appointment or through an election.

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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