How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask kattorney Your Own Question
kattorney
kattorney, Attorney
Category: Business Law
Satisfied Customers: 1169
Experience:  16 years experience with a concentration in business, corporate and contracts law
50298765
Type Your Business Law Question Here...
kattorney is online now
A new question is answered every 9 seconds

Can a member of a Homeowners Association in Texas cumulate

This answer was rated:

Can a member of a Homeowners Association in Texas cumulate their vote in an election for Directors. The Articles of Incorporation specific "one vote per lot." There is only one class shares.

Kathie Russell :

That depends upon the bylaws of your HOA. If each lot gets to vote once for (for example) five directors, you cannot cast 5 votes for one director unless your bylaws allows it.

Customer:

The Bylaws say "the members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Articles of Incorparation and Restrictions. The persons receiving the largest number of votes shall be elected. The Restrictions say " members...shall be entitled to one vote for each lot owned."

Kathie Russell :

That makes it sound as though the votes may be cumulated


 

Kathie Russell :

However, it depends - if you are entitled to cast votes for a certain number of directors then that would be the number of votes a homeowner could cast for one director.

Customer:

We have five Director vacancies. Thanks for your answer. I have a different question on the same subject.

Customer:

In a Homeowner's Association election of Directors in Texas, can an Special Election Judge restrict voters from cumulating their vote on a single Director?

kattorney and 5 other Business Law Specialists are ready to help you
No. Unless the bylaws or articles of incorporation prohibit cumulative voting, you have the right to do so.

Related Business Law Questions