Question:
I live in an HOA that is about 50% built out. The HOA board membership is currently at 3 builder members and 2 homeowner members. At what point in development will the homeowners get another board member? We would like to have more say in what is going on.
Thanks
– Lisa
Answer:
Hi Lisa,
According to the Texas Property Code Sec. 209.00591(c):
“The declaration may provide for a period of declarant control of the association during which a declarant, or persons designated by the declarant, may appoint and remove board members and the officers of the association, other than board members or officers elected by members of the property owners’ association. Regardless of the period of declarant control provided by the declaration, on or before the 120th day after the date 75 percent of the lots that may be created and made subject to the declaration are conveyed to owners other than a declarant or a builder in the business of constructing homes who purchased the lots from the declarant for the purpose of selling completed homes built on the lots, at least one-third of the board members must be elected by owners other than the declarant. If the declaration does not include the number of lots that may be created and made subject to the declaration, at least one-third of the board members must be elected by owners other than the declarant not later than the 10th anniversary of the date the declaration was recorded.”
You should also check your governing documents to see what requirements need to be met in order to elect another homeowner to the board.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
