Texas Statement of Covenant for Board Members

State:
Multi-State
Control #:
US-ENTREP-0030-2
Format:
Word; 
Rich Text
Instant download

Description

Expectations of Individual Board Members
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FAQ

Texas Law. Subsection (c) of this section requires that meetings of the board of a property owners' association must be open to the owners.

If a property owners' association's governing documents do not state how many people the Board of Directors must consist of, Texas law states that there will be as many as the initial number of directors stated in the Articles of Incorporation. However, there must be at least three people on the Board of Directors.

Can a nonprofit board member be sued individually? The short answer is yes. Try as you may, you can't please everyone in your HOA or condo community. Disgruntled homeowners can still choose to take legal action against you even if their claims are baseless.

Board members are considered volunteers. They aren't paid a salary or a fee, and they don't get to benefit from any special perks. Volunteers serve because they care about their community, and they want to be part of the leadership that makes it better.

Code § 202.004. HOA members have a right to vote on certain association matters, including election of board members and adoption or amendment of covenants. Voting generally occurs at member meetings, which must be held at least annually. Tex.

Effective September 1, 2023, HB 1193 instates a paradigm shift by mandating that Texas associations abandon any restrictions predicated on a tenant's payment method. This landmark change liberates property owners from limitations grounded in payment mode.

If the governing documents of a property owners' association do not specify a term of office, then the Texas Business Organizations Code states that the directors shall serve "until the next annual election of directors and until a successor is elected, appointed, or designated and qualified."

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Texas Statement of Covenant for Board Members