Representing Texas Homeowners Associations & those aggrieved by them

Attorney Trey Wilson handles lawsuits and pre-litigation disputes involving enforcement of restrictive covenants/deed restrictions, Homeowner Association member voting/ballot/proxy issues, HOA Board elections, collection of assessments/dues, placement and removal of liens, CCR/Declaration disputes, developer HOA control/turnover, ACC approval, HOA Board governance, Abuses by Homeowners Associations and drafting/amendment of HOA documents including By-laws.


Secret Ballots Are Pretty Much Dead in Texas HOA Elections

Trey Wilson wrote:

Secret ballots have long been the preferred method of collecting elections for many Texas homeowners associations. Beginning on January 1, 2012, however, secret votes became a thing of the past.

House Bill 2761 was passed by overwhelming majorities in both the Texas House and Texas Senate (no "nay" votes cast), and became the law of the land in this State. This law provides for a new Section 209.0058 to be added to the Texas Property Code, providing as follows:
(a) Any vote cast in an election or vote by a member of a property owners’ association must be in writing and signed by the member.

(b) Electronic votes cast under Section 209.00592 constitute written and signed ballots.

(c) In an association-wide election, written and signed ballots are not required for uncontested races.