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 CalAttorney2 Your Own Question
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.
Type Your Real Estate Law Question Here...
CalAttorney2 is online now
A new question is answered every 9 seconds

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%)).