Question:
If an HOA is still under declarant control (we are almost but not yet at 75%), do they have to follow all open meeting provisions of the Texas Property Code (209.0051)
Thanks
– Mark
Answer:
Hi Mark,
According to the Texas Property Code Section 209.0051(i), this section applies to board meetings during the development period only if the meeting is conducted for the purpose of:
- Adopting or amending the governing documents, including declarations, bylaws, rules, and regulations of the association;
- Increasing the amount of regular assessments of the association or adopting or increasing a special assessment;
- Electing non-developer board members of the association or establishing a process by which those members are elected; or
- Changing the voting rights of members of the association.
For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
