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Subject: Modifying CCRs
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Author Messages
LillyH1
(Texas)

Posts:26


09/28/2021 12:52 PM  
Hi -

In Texas, when modifying CCRs what is considered an owner to reach 67%? Is it one vote per house or is it each person who's name is on the title? Current CCRs dont say. It just says a percentage.
JohnC46
(South Carolina)

Posts:11638


09/28/2021 1:02 PM  
Lilly

While I cannot speak for TX nor your association, it is usually one vote per home/unit. When in multi-names, one must be designated as the voter. 400 homes, 400 votes.
JohnC46
(South Carolina)

Posts:11638


09/28/2021 1:05 PM  
Posted By JohnC46 on 09/28/2021 1:02 PM
Lilly

While I cannot speak for TX nor your association, it is usually one vote per home/unit. When in multi-names, one must be designated as the voter. 400 homes, 400 votes.




ADD ON

In one HOA we had a couple in the midst of a divorce and both showed up claiming the right to vote. They were arguing in front of everyone. One of the BOD Members told them to step outside and decided which of you is to vote. They both left.
PatJ1
(North Carolina)

Posts:283


09/28/2021 1:32 PM  
In our condo community ownership, voting is broken down beyond a 1 vote per unit. That would be easy. Ours is based on the square footage of the unit. Not that a larger unit gets more than 1 vote, but a larger unit unit does get more of a % of the vote and also pays more in monthly assessments proportionally.

There is only 1 vote per unit no matter how many are on the deed/title.




Board members are volunteers. Many have no idea what they're doing. Educate them. Don't beat them up.
AugustinD


Posts:1856


09/28/2021 2:22 PM  
Posted By LillyH1 on 09/28/2021 12:52 PM
Hi - In Texas, when modifying CCRs what is considered an owner to reach 67%? Is it one vote per house or is it each person who's name is on the title? Current CCRs dont say. It just says a percentage.
In Texas, this might be in the Bylaws (not the CCRs). Did you check the Bylaws?
BillH10
(Texas)

Posts:783


09/28/2021 6:24 PM  
Lily

First, since you used the terms HOA and 'house', it is my assumption you are in a Texas Property Code Section 209 Homeowners Association and not a condominium association, is that correct?

If so, the vast majority of documents we have seen which govern such associations have the following provisions in the Bylaws and CC&Rs:

--one property, one vote. Regardless of the number of names on the title. The name of a trust or other statutory entity on the title is another matter entirely; I suggest your consult the association attorney for guidance if you encounter such scenarios.

--the votes may not be split. In other words, the co-owners (named on the title or not) must decide amongst themselves off line how to cast the single vote allocated to the property. In my own words, there must be no fractional voting. I realize we have personally seen only a very small subset of Section 209 HOA documents which exist in Texas, and there may be some which provide for percentage allocation of votes (very common in condominiums) and fractional votes. Your documents will provide guidance.

--what you must be very careful of is the name on the title situation. Regardless of the fact this is a community property state, the name on the title recorded with the county is most important. If an owner of 3203 Fictional Street shows up and wishes to vote, his or her name must be on the title. If the name is not on the title, the person may not vote. They may, however, present a proxy executed by the person whose name is on the title. Should you verify the signature? Perhaps. Again, another matter for you to discuss with the association attorney.
CathyA3
(Ohio)

Posts:2569


09/29/2021 5:52 AM  
How do you handle electing board members at the annual meeting: one vote per home or something different?

Generally it will be the same thing when voting for any other matter put before the membership - if it were meant to be different for amending the CC&Rs, then your governing docs should say that somewhere.
DouglasK1
(Florida)

Posts:1687


09/29/2021 7:48 AM  
Agree with the others that it is generally a single vote per property, in the case of multiple owners the property does not get multiple votes.

Here are some snippets from my last HOA's CCRs:
at least two-thirds (2/3) of the voting interest of the Association membership may change these covenants and restrictions in whole or in part by executing a written instrument making said changes and having the same duly recorded...

And

Class A members shall be all owners, with the exception of the Developer, and shall be entitled to one vote for each lot owned. When more than one person holds an interest in any lot, all such persons shall be members. The vote for such lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any lot.

Escaped former treasurer and director of a self managed association.
BenA2
(Texas)

Posts:1096


09/29/2021 4:43 PM  
The Texas code only applies if your declaration (CC&R) is silent. So, check your CC&Rs first. Your bylaws do not matter because, if it is not in the CC&Rs, it defaults to the state code.

209.0041 (h-2) "If the declaration is silent as to voting rights for an amendment, the declaration may be amended by a vote of owners owning 67 percent of the lots subject to the declaration."

The code is ambiguous, I think, but I believe the intent is one vote per property. That is the norm.

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