Spouses on the Same HOA Board in Texas

According to Section 209.00591 of the Texas Property Code, “a person may not serve on the board of a property owners’ association if the person cohabits at the same primary residence with another board member of the association.” However, there are a couple of exceptions to this:

“This subsection does not apply:

(1)  to an association with fewer than 10 residences; or

(2)  during a subdivision’s development period to affect the eligibility to serve on the board of:
(A)  a person who cohabits with a developer of the subdivision regulated by the association; or
(B)  the developer.”