FAQ
Section 207.006 of the Texas Property Code establishes requirements for any property owners’ association of a subdivision composed of at least 60 lots in making the current version of the association’s dedicatory instruments relating to the association or subdivision and filed in the county deeds records on an internet website available to association members.
Article One Section 1 of the ILOA By-Laws designates “each owner of one or more lots in any section or sections of Indian Lake subdivision as a member of Indian Lake Owners’ Association”. Therefore an property owner may sign up for a username and password by clicking here. Article One Section 3 states that a renter may become an Association Member by the property owner submitting in writing to the Indian Lake Owners’ Association stating owner relinquishes his/her membership to authorize renter membership.
Article Seven Section 1 of the ILOA By-Laws states “These By-Laws, or any part thereof, may be amended, modified or repealed only by the unanimous vote of all members of the Board of Directors plus two-third (2/3) of the members present and voting in an annual membership meeting”.
(a) A property owners’ association by a two-thirds vote of the association’s governing body may submit a procedure for amending restrictions to a vote of the property owners in the subdivision or in the unit or parcel of the subdivision governed by restrictions.
(b) An amendment procedure submitted to a vote under Subsection (a) binds all property owners in the subdivision or the unit or parcel of the subdivision to which the procedure applies if more than two-thirds of the voting property owners vote in favor of the procedure.
(c) Not later than the 30th day before the date a ballot for a vote under this section must be received to be counted, the property owners’ association shall mail to each affected property owner a notice that includes:
(1) the exact wording of the amendment procedure; and
(2) the date by which a property owner’s ballot must be received to be counted.
(d) The property owners’ association shall pay all costs of:
(1) printing and mailing the required notices and ballots; and
(2) canvassing, tabulating, and certifying the vote.
(e) A property owner may not cast more than one vote, regardless of the number of lots the person owns. If more than one person owns an interest in a lot, the owners may cast only one vote for that lot. A person may not vote if the person has an interest in a lot only by virtue of being a lienholder.
(f) A ballot cast under this section is secret and may not be counted unless it is placed inside an unmarked envelope that is placed inside another envelope that bears the signature and printed name of the property owner casting the enclosed ballot.
(g) The presiding officer of the property owners’ association shall appoint an election canvassing committee and a committee chairperson to canvass and count the votes and determine the outcome.
(h) If the amendment procedure receives the number of votes required under Subsection (b), the election canvassing committee chairperson shall certify the result to the presiding officer of the property owners’ association. The presiding officer shall file in the real property records of each county in which all or part of the subdivision is located an instrument that indicates that the procedure was adopted.
(i) If the amendment procedure is not adopted, the property owners’ association may not submit the same amendment procedure to a vote under this section on or before the first anniversary of the date the previous votes on the procedure were certified.
No, as long as you are the only person (owner or tenant if the board has been provided with written proof from the property owner that they are relinquishing their right to vote to you as their tenant) voting for your particular lot. Section 209.0059 of the Texas Property Code reads as follows:
Sec. 209.0059. RIGHT TO VOTE. (a) A provision in the dedicatory instrument that would disqualify a property owner from voting in a property owners’ association election of board members or on any matter concerning the rights or responsibilities of the owner is void.
NO. Section 209.00591(a-3) of the Texas Property Code, entitled Board Membership, reads as follows:
“A person may not serve on the board of a property owners’ association if the person cohabits at the same primary residence with another board member of the association.”