Is there a law in Texas on how to remove a director on an HOA board that would supersede the bylaws? Thanks
The Texas Property Code only provides a way to remove a board member if the HOA’s governing documents do not provide for one. Sec. 22.211 states:
“(a) A director of a corporation may be removed from office under any procedure provided by the certificate of formation or bylaws of the corporation.
(b) In the absence of a provision for removal in the certificate of formation or bylaws, a director may be removed from office, with or without cause, by the persons entitled to elect, designate, or appoint the director. If the director was elected to office, removal requires an affirmative vote equal to the vote necessary to elect the director.”
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