Texas Property Code SB 472 (effective 9/1/2011)

This is a tricky one. Without the actual code, we have to take your translation of it at face value. Losing your right to vote due to non-payment of dues is something that may or not be in your CC&R's. It may be a general rule setup by the HOA as another way of addressing the non-payment issue.

You are still a member of the HOA regardless if your in "Good standing" or not. This shouldn't prevent you from speaking at a meeting or running for a board position. However, who is going to vote for someone with a negative attitude and doesn't pay their dues? Especially out of "Protest"?

Most decisions at BOARD meetings do NOT require GENERAL membership votes. This is why the BOARD was elected. They are to handle the day to day business on the behalf of the HOA GENERAL membership. So it's unlikely you will be casting any kind of vote unless it's election time for the Board. Otherwise, your general membership vote is usually needed for things such as special assessments, Law changes, or maybe recalls during non-election times.

Remember your HOA is run by non-professional volunteers. Their expertise in such codes and laws is most likely VERY limited or without knowledge at all. Yes, maybe they should keep up with this stuff when they are on the BOARD and such. However, the reality is they probably don't know or don't care. That is because a HOA is run by it's members FOR it's members. When in doubt stick with the rules the HOA already have. IF they need changing/updating then it's all there on how to do it.

I don't see why they can't unless someone wants to make a case out of it. My opinion is that those who don't pay their dues should lose their rights to vote but not to speak. It's not fair to the other members for those who don't pay continue to keep their rights while they pay their dues to help cover non-payers. The HOA can take away use of common property use to non-payers besides just voting. This can even extend to the renters in their property as well.

Is there someone specific your having this issue with? One typically doesn't bring up this subject or law unless they have a direct cause. What is your specific concern?

KimF1,

Many states are passing new laws to the effect that an Association may suspend any right or privilege of a unit owner that fails to pay an assessment, but may not suspend a unit owner’s right to vote.

To be on the “safe side” at your Annual Meeting I would think it best not to deny any Owners who are behind on dues, in particular, the right to vote.

With a quick google search I found a number of “articles” pertaining to the “new” Texas Laws. You may already have found these, but if not here are a few:

http://www.butlerhailey.com/attachments/wysiwyg/1/2-TPC%20Sections%20Affected%202011%20Chapters%207+11(1).pdf

http://www.butlerhailey.com/attachments/wysiwyg/1/4-Subject%20Overview%202011%20HOA%20Laws-fxd.pdf

http://www.thenorthlaw.com/blogexcerpts/excerpt_midaugust.pdf

http://www.parkwayoakskaty.com/pages/2011%20Legislation%20Texas%20POAs.pdf