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(a)
Notwithstanding any provision in a dedicatory instrument, any board member whose term has expired must be elected by owners who are members of the property owners’ association. A board member may be appointed by the board to fill a vacancy on the board. A board member appointed to fill a vacant position shall serve for the remainder of the unexpired term of the position.
(a-1)
At least 10 days before the date a property owners’ association composed of more than 100 lots disseminates absentee ballots or other ballots to association members for purposes of voting in a board member election, the association must provide notice to the association members soliciting candidates interested in running for a position on the board. The notice must contain instructions for an eligible candidate to notify the association of the candidate’s request to be placed on the ballot and the deadline to submit the candidate’s request. The deadline may not be earlier than the 10th day after the date the association provides the notice required by this subsection.
(a-2)
The notice required by Subsection (a-1) must be:
mailed to each owner; or
provided by:
(A)
posting the notice in a conspicuous manner reasonably designed to provide notice to association members:
(i)
in a place located on the association’s common property or, with the property owner’s consent, on other conspicuously located privately owned property within the subdivision; or
(ii)
on any Internet website maintained by the association or other Internet media; and
(B)
sending the notice by e-mail to each owner who has registered an e-mail address with the association.
(a-3)
An association described by Subsection (a-1) shall include on each absentee ballot or other ballot for a board member election the name of each eligible candidate from whom the association received a request to be placed on the ballot in accordance with this section.
(b)
The board of a property owners’ association may amend the bylaws of the property owners’ association to provide for elections to be held as required by Subsection (a).
(c)
The appointment of a board member in violation of this section is void.
(d)
This section does not apply to the appointment of a board member during a development period.
(e)
This section does not apply to a representative board whose members or delegates are elected or appointed by representatives of a property owners’ association who are elected by owner members of a property owners’ association.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1026 (H.B. 2761 ), Sec. 3, eff. January 1, 2012.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1062 (H.B. 3176 ), Sec. 1, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168 ), Sec. 15, eff. September 1, 2015.
Source:
Section 209.00593 — Election of Board Members , https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm#209.00593 (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
§ 209.00593. Election of Bd. Members's source at
texas.gov
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Location:
https://texas.public.law/statutes/tex._prop._code_section_209.00593
Original Source:
Section 209.00593 — Election of Board Members ,
https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm#209.00593
(last accessed May 10, 2025).
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Reference only — not legal advice. Verify the current official text on leg.state.fl.us before citing. Printed from Common Elements (May 22, 2026).