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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 112774
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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If a special meeting is called for the purpose to remove the

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If a special meeting is called for the purpose to remove the current board, what is the percentage of homeowner votes required to remove the board? Is that percentage of all the homeowners, or only the ones who vote on this matter? Thanks
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Unless your bylaws specify a different percentage, the removal of a director or the whole board requires the same percentage of votes that it took to elect the board. Thus, if they were elected by a simple majority of members present at a meeting, then that is all it takes to remove them unless the bylaws state something different.

Here are the Texas Codes:

Business Organization Code, Title 2,Chapter 22 Non Profit, Subchapter E.,
Section.22.211. REMOVAL OF DIRECTOR. (a) A director of a corporation may be removed from office under any procedure provided by the certificate of formation or bylaws of the corporation.
(b) In the absence of a provision for removal in the certificate of formation or bylaws, a director may be removed from office, with or without cause, by the persons entitled to elect, designate, or appoint the director. If the director was elected to office, removal requires an affirmative vote equal to the vote necessary to elect the director.


Vernon's Texas Civil Statutes Chapter 9
Article 1396-2.15
D. A director may be removed from office pursuant to any procedure therefor provided in the articles of incorporation or by-laws. In the absence of a provision providing for removal, a director may be removed from office, with or without cause, by the persons entitled to elect, designate, or appoint the director. If the director was elected to office, removal requires an affirmative vote equal to the vote necessary to elect the director.




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