HOA elections are an integral part of an association’s operations. As this event decides the next leaders of a community, it can help set the tone for the year ahead. Planning and executing a flawless election comes down to some best practices, particularly when it comes to HOAs in Texas.
What are HOA Elections?
Every homeowners association is led by a group of leaders known as the HOA board. This board consists of volunteer homeowners who are elected by their peers. HOA board member elections are held at the annual meeting each year. These elections determine which candidates will replace outgoing directors, filling their open seats.
HOA Election Rules in Texas
Homeowners associations must follow election rules as set by state laws and their governing documents. In Texas, there are a few notable provisions regarding HOA elections.
Candidate Solicitation (Section 209.00593)
If the association has more than 100 homes, it can’t just send out ballots for a board election without first giving owners a chance to run for the board. At least 10 days before sending absentee or other voting ballots, the HOA must send a notice requesting candidates.
This notice must:
- Tell owners that board positions are open
- Explain how someone can put their name on the ballot
- State the deadline to submit their name
The deadline to submit a name can’t be sooner than 10 days after the notice goes out. In other words, owners must have at least 10 full days to decide whether to run.
As for notice delivery, the association has two options: Mail it to every owner or use a combination of posting and email. If the HOA chooses the latter method, it must:
- Post the notice in a visible place on common property, or on another visible private property inside the neighborhood, with the owner’s permission, or post it on the HOA’s website or online platform, and
- Email the notice to every owner who has given the HOA their email address.
If the HOA uses posting, it must still email the notice to owners who have registered an email address.
Right to Vote (Section 209.0059)
An HOA can’t deprive a homeowner of their right to vote just because its governing documents say so. If the declaration, bylaws, or any other governing document tries to disqualify an owner from voting, that rule is invalid.
Notice Requirement (Section 209.0056)
If the HOA plans to hold an election or vote at an owners’ meeting, it must provide written notice in advance. The HOA must send the notice:
- No earlier than 60 days before the meeting
- No later than 10 days before the meeting
Sometimes, the HOA does not hold a meeting. Instead, it sends ballots out and allows owners to return them by mail or another method. In this case, the HOA must still give notice. The notice must go out no later than 20 days before the final ballot submission deadline.
Ballots (Section 209.0058)
In most cases, any vote an owner casts must be in writing and signed by the owner. There is one important exception. If a board election is uncontested, meaning the number of candidates does not exceed the number of open seats, the HOA does not need written and signed ballots.
If the association chooses to allow secret voting, it must still protect the integrity of the process. The HOA must make sure that:
- No one votes more times than they are allowed.
- Every eligible vote actually gets counted. The association must not ignore or discard valid ballots.
- In a board election, each candidate may appoint one person to watch the vote counting. That person can monitor the counting process to make sure it is fair.
That said, observers are not allowed to see how any specific person voted. The ballot must remain secret. If an observer disrupts the process, the HOA can remove that person.
Voting (Section 209.00592)
An owner may vote:
- In person at a meeting
- By proxy, which means giving someone else written authority to vote on their behalf
- By absentee ballot, which means voting without attending the meeting
- By electronic ballot, if the association allows it
- Or by any representative system described in the governing documents
Unless the governing documents require more options, the HOA does not have to offer every single voting method listed above.
The association must allow at least one of the following:
- Absentee ballot
- Proxy
- Electronic ballot
The HOA can choose which of those options to offer, unless its declaration or bylaws require specific methods.
Recount of Votes (Section 209.0057)
Any owner can demand a recount. They must do it within 15 days. The 15-day clock starts from whichever is later: The date of the meeting where the vote happened or the date the HOA announced the results. The request must be in writing and sent by mail or hand-delivered.
Tabulation (Section 209.00594)
A homeowner running in the election must not count or have access to the ballots. This rule also applies to the candidate’s close family members.
Someone who is not a candidate and not closely related to a candidate may count the votes. The association must use a neutral person.
Whoever counts the votes or conducts a recount must not reveal how any specific person voted. Even if that person sees the ballots, they must keep each voter’s vote confidential.
What are HOA Officer Elections?
The HOA election of officers takes place within the board after directors are elected. Typically, the directors conduct an internal election or appointment to assign specific positions, such as president, vice president, secretary, and treasurer. These are known as officer roles.
In a small board with only three to five directors, roles are almost all taken. In a larger board with seven directors, on the other hand, those without an officer role are simply known as directors or board members.
For a Bright Future
The HOA elections determine the course of leadership for the next year. Given the importance of this event, associations must take great care to follow the rules and practices set forth by Texas law and their governing documents. A successful election can give the HOA a good head start.
PAMco offers exceptional HOA management services to communities in Central Texas. Call us today at 512-918-8100 or contact us online to learn more!
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