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kattorney, Attorney
Category: Business Law
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Experience:  16 years experience with a concentration in business, corporate and contracts law
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Can a member of a Homeowners Association in Texas cumulate

Customer Question

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.
Submitted: 1 year ago.
Category: Business Law
Expert:  kattorney replied 1 year ago.

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, Attorney
Category: Business Law
Satisfied Customers: 1142
Experience: 16 years experience with a concentration in business, corporate and contracts law
kattorney and 6 other Business Law Specialists are ready to help you
Expert:  kattorney replied 1 year ago.
No. Unless the bylaws or articles of incorporation prohibit cumulative voting, you have the right to do so.

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