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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 114029
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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If voting board members and ballots are due by a certain

Customer Question

If voting for new board members and ballots are due by a certain date but voting was allowed at the meeting 8 days after due date is this allowed and ballots were counted that were not signed
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What do the bylaws state, since under the Texas law, voting must be conducted in accordance with the organization bylaws. Please tell us exactly what the voting bylaw says.
Customer: replied 1 year ago.
There is nothing in the bylaws on this just says that you are allowed 1vote per lot. The Vice President said voting was now closed and there is one owner that has 4 lots and has 4 votes. When the lot owner filled out her ballots she failed to show on 2 of then who she was voting for and was found while the votes were being counted and they were given back to her to complete again after voting was closed. This person is also on the board.
Customer: replied 1 year ago.
Also when the ballots were sent out the letter said that they were due back by March 1st.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
The VP cannot just change the terms of the voting without changing the bylaws. If the bylaws say nothing more than 1 vote per lot, then lots must be given notice of the election and date of the election. If there was notice and a date given to owners of the lots then the voting must be conducted within those parameters. If the VP changes that, then the subsequent votes may be void. Also, unsigned votes are void. It the association will not correct this, then you have a right to file suit to vacate any actions taken on that vote.

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