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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Can H.O.A adopt Texas property code,if there are provision

Customer Question

can H.O.A adopt Texas property code,if there are provision in the original deed restriction that have provision that the board can't act unless there a vote 3/4 of the homeowners
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

If the HOA is altering its governing documents (including CC&Rs, By-Laws, Articles, etc.) and the by-laws require a 3/4 vote to do so - the HOA must get this participation to change the governing documents.

(Note, make sure to check the rules to see both the quorum - i.e. number of homeowners that must participate in the vote, and vote needed to pass - i.e. percent of quorum needed to vote yes/no (some votes may require a majority, while others may require a "super majority" (ex. 66%)).