Removing a Board Member If there are no instructions, the Texas Business Organizations Code states that a director may be removed by the "persons entitled to elect, designate, or appoint the director." If there was an election to appoint the director, a vote must also be taken to remove them.
House Bill 614 guarantees your right to a hearing before the HOA board to contest the violation or the proposed fine. This ensures a fair and transparent process where you can voice your concerns and advocate for your interests.
However, in Texas, the Nonprofit Corporation Act Section 22.204 states that an HOA must have at least three board members. If your HOA's bylaws don't say how many people should be on the board, Texas law covers the number of directors initially listed in the Articles of Incorporation.
In addition, HOAs have the authority to enforce their rules and regulations, such as those pertaining to architectural guidelines, landscaping, and pet restrictions. Property owners' associations are responsible for maintaining and restoring common amenities such as parks, swimming pools, and clubhouses.
Term of Office If the term is undefined, the directors will serve "until the next annual election of directors and until a successor is elected, appointed, or designated and qualified." This law is in the Texas Business Organizations Code.
Board Member Responsibilities Governance and Oversight. Fiduciary Duty. Strategic Planning. Risk Management. Evaluating and Hiring Leadership. Compliance and Legal Oversight. Advocacy and Representation.
Board members are generally responsible for: Providing a clear vision for the community image and culture. Protecting and preserving the association's assets. Minimizing the financial risks to the association. Maintaining the community's property values. Enhancing the living experience for all residents.
House Bill 614 guarantees your right to a hearing before the HOA board to contest the violation or the proposed fine. This ensures a fair and transparent process where you can voice your concerns and advocate for your interests.
Since HOA meeting requirements, as stipulated in most governing documents, only allow members whose names appear on the title, that typically means spouses, tenants, and attorneys of members can't attend.