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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118788
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Can you tell me definitively if the new law which went into

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Can you tell me definitively if the new law which went into effect today, 9-1-11 means that you must allow proxy voting. If our association wanted to have ballot voting only; would it be illegal to do so? It is unclear if you must use all methods of voting.

Sec.A209.00593. VOTING; QUORUM.
(a) The voting rights of an owner may be cast or given:
(1) in person or by proxy at a meeting of the property
owners ’ association;
(2) by absentee ballot in accordance with this section;
(3 by electronic ballot in accordance with this
section; or
(4) by any method of representative or delegated
voting provided by a dedicatory instrument.
You also need to read A209.00591, which says Sec.A209.00591. PROXY VOTING. A provision in any dedicatory instrument that provides for a proxy vote in any matter subject to a vote of the members of the property owners ’ association is void.

Thus it is void to allow proxy voting, but you can allow other methods and it says "may be" which means it can be controlled by the bylaws.


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Customer: replied 6 years ago.
Thanks, XXXXX XXXXX appears that the section you cited is outdated and was cut from the bill that passed. Please re-read my original question.
My apology, here is a link to the law just signed by Governor Perry and it says two things:

1) 209.00593, states that a vote MAY be given in person or by proxy.

2) (NNN) NNN-NNNNstates any bylaw that deprives someone of a right to vote is void.

See:http://www.capitol.state.tx.us/tlodocs/82R/billtext/pdf/SB00472F.pdf#navpanes=0

This was signed in July by the Governor.
Customer: replied 6 years ago.
Thanks again. I understand the word "may" does not mean "must". But what I am asking is; if our HOA implementes ballot voting ONLY - excluding voting by proxy - would it be legal or illegal?
It would be questionable by the other part of the law (.0059) that says any bylaw that deprives someone of the right to vote is void. This is a new law, so no case law is available to interpret "deprives someone of the right to vote" is available, since denial of proxy voting is not necessarily depriving someone of the right to vote , since you can allow for absentee balloting and thus their right is preserved.
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