Can HOAs in Texas require a homeowner to own 50% or more of the property to serve on the board of directors?
Question Details: HOA is trying to change the bylaws to require a homeowner to own a minimum of 50% of the property to serve on the board of directors. Is that a change that can be made by a vote of the entire association? If not, whta stipulations can be put in place to prevent people from giving a 1% warranty deed to anyone they choose to make them eligible to serve on the board. The restrictive covenants say "record owner" no further explanation.
Real Estate Law Answers
You might be able to make this change, if it's permitted by the existing bylaws and covenants, and if enough of the homeowners agree. However, if there are people who now own less than 50% of a unit, they would have to be "grandfathered" so that their presently existing right to be on the board isn't destroyed.
Condominium and HOA law is a fairly technical field. I would always recommend that an HOA get a competent legal opinion, about something like this, and the legal fee would be an entirely proper HOA expense.
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