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 Law Educator, Esq. Your Own Question
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.
Type Your Real Estate Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Can you tell me definitively if the new law which went into

This answer was rated:

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.

I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at or beginning your question with “For PaulMJD…”

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.


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.
Law Educator, Esq. and 5 other Real Estate Law Specialists are ready to help you