Tex. Prop. Code § 209.0058

Ballots

votingelectionsmeetings

Plain-English summary

When board or member votes must use written signed ballots instead of proxies or electronic voting—frequently cited in election disputes.

Not legal advice. Statute reference is for education only — confirm citations on official sources and consult a Texas attorney familiar with community associations.

Statutory text

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(a) Except as provided by Subsection (d), any vote cast in an election or vote by a member of a property owners’ association must be in writing and signed by the member. (a) Except as provided by Subsection (d), a vote cast by a member of a property owners’ association must be in writing and signed by the member if the vote is cast:

outside of a meeting;

in an election to fill a position on the board;

on a proposed adoption or amendment of a dedicatory instrument;

on a proposed increase in the amount of a regular assessment or the proposed adoption of a special assessment; or

on the proposed removal of a board member. (a-1) If a property owners’ association elects to use a ballot for a vote on a matter other than a matter described by Subsection (a), the ballot must be:

in writing and signed by the member; or

cast by secret ballot in accordance with Subsection (d). (b) Electronic votes cast under Section 209.00592 (Voting; Quorum) constitute written and signed ballots. (c) In a property owners’ association election, written and signed ballots are not required for uncontested races. (d) A property owners’ association may adopt rules to allow voting by secret ballot by members of the association. The association must take measures to reasonably ensure that:

a member cannot cast more votes than the member is eligible to cast in an election or vote; and

the association counts every vote cast by a member that is eligible to cast a vote. (d) A property owners’ association may adopt rules to allow voting by secret ballot by association members. The association must take measures to reasonably ensure that:

a member cannot cast more votes than the member is eligible to cast in an election or vote;

the association counts each vote cast by a member that the member is eligible to cast; and

in any election for the board, each candidate may name one person to observe the counting of the ballots, provided that this does not entitle any observer to see the name of the person who cast any ballot, and that any disruptive observer may be removed. Added by Acts 2011, 82nd Leg., R.S., Ch. 1026 (H.B. 2761 ), Sec. 3, eff. January 1, 2012. Amended by: Acts 2015, 84th Leg., R.S., Ch. 249 (S.B. 864 ), Sec. 1, eff. May 29, 2015. Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168 ), Sec. 11, eff. September 1, 2015. Source: Section 209.0058 — Ballots , https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm#209.0058 (accessed May 26, 2025). 209.001 Short Title 209.002 Definitions 209.003 Applicability of Chapter 209.004 Management Certificates 209.005 Association Records 209.006 Notice Required Before Enforcement Action 209.007 Hearing Before Board 209.008 Attorney’s Fees 209.009 Foreclosure Sale Prohibited in Certain Circumstances 209.010 Notice After Foreclosure Sale 209.011 Right of Redemption After Foreclosure 209.012 Restrictive Covenants Granting Easements to Certain Property Owners’ Associations 209.013 Authority of Association to Amend Dedicatory Instrument 209.014 Mandatory Election Required After Failure to Call Regular Meeting 209.015 Regulation of Land Use: Residential Purpose 209.016 Regulation of Residential Leases or Rental Agreements 209.017 Justice Court Jurisdiction 209.0041 Adoption or Amendment of Certain Dedicatory Instruments 209.0042 Methods of Providing Notices to Owners 209.0051 Open Board Meetings 209.0052 Association Contracts 209.0055 Voting 209.0056 Notice of Election or Association Vote 209.0057 Recount of Votes 209.0058 Ballots 209.0059 Right to Vote 209.0061 Association Policy 209.0062 Alternative Payment Schedule for Certain Assessments 209.0063 Priority of Payments 209.0064 Third Party Collections 209.0065 Credit Reporting Services 209.0091 Prerequisites to Foreclosure: Notice and Opportunity to Cure for Certain Other Lienholders 209.0092 Judicial Foreclosure Required 209.0093 Removal or Adoption of Foreclosure Authority 209.0094 Assessment Lien Filing 209.00505 Architectural Review Authority 209.00591 Board Membership 209.00592 Voting 209.00593 Election of Board Members 209.00594 Tabulation of and Access to Ballots Up to date Verified: May 26, 2025 § 209.0058. Ballots's source at texas.gov Stay Connected Join thousands of people who receive monthly site updates. Subscribe Get Legal Help The State Bar of Texas runs a service for finding an attorney in good standing. Initial consultations are usually free or discounted: Lawyer Referral & Information Service (LRIS) Committed to Public Service We will always provide free access to the current law. In addition, we provide special support for non-profit, educational, and government users. Through social entrepreneurship, we’re lowering the cost of legal services and increasing citizen access. Navigate Find a Lawyer Blog About Us API Contact Us Reports Secondary Sources Privacy Policy California: Codes Colorado: C.R.S. Florida: Statutes Nevada: NRS New York: Laws Oregon: OAR , ORS Texas: Statutes World: Rome Statute , International Dictionary Location: https://texas.public.law/statutes/tex._prop._code_section_209.0058 Original Source: Section 209.0058 — Ballots , https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm#209.0058 (last accessed May 10, 2025). Blank Outline Levels × The legislature occasionally skips outline levels. For example:

A person may apply [...] (4)(a) A person petitioning for relief [...] In this example,

, and (4)(a) are all outline levels, but

was omitted by its authors. It's only implied. This presents an interesting challenge when laying out the text. We've decided to display a blank section with this note, in order to aide readability. Trust but verify. Here is the original source for section 209.0058 Do you have an opinion about this solution? Drop us a line. Close

Synced from the Florida Legislature’s official site. Verify the current version before citing.

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