Quick Answer
Texas Property Code § 209.014 says the board of a residential property owners' association "shall call an annual meeting of the members," notwithstanding anything in its governing documents. If the board does not, an owner can send a written demand by certified mail, and if the board still has not called a meeting within 30 days, three or more owners may form an election committee and file notice with the county clerk. The committee may then call meetings for the sole purpose of electing board members, but it is dissolved if it does not hold a successful election within four months of filing.
At a Glance
| Item | Detail |
|---|---|
| Law/citation | Texas Property Code § 209.014, Mandatory Election Required After Failure to Call Regular Meeting (Chapter 209) |
| Effective date | January 1, 2012 (HB 2761, Section 5). The text we read shows no later amendment |
| Applies to | Residential property owners' associations under Chapter 209. Not condominiums (§ 209.003(d)) |
| Key sections | (a) duty to call; (b) owner demand; (c) election committee; (d) to (f) notice contents, signing and county filing; (g) one committee and four-month limit; (h) committee meetings |
| Remedy or penalty | The remedy is the owner-driven election process itself. No fine is stated |
What the Law Says
Duty to call a meeting
Subsection (a): "Notwithstanding any provision in a dedicatory instrument, a board of a property owners' association shall call an annual meeting of the members of the association."
Owner demand
Under (b), if the board does not call an annual meeting, an owner may demand that a meeting be called "not later than the 30th day after the date of the owner's demand." The demand must be in writing and sent by certified mail, return receipt requested, to the association's registered agent and to the association at the address on the most recently filed management certificate. A copy must be sent to each property owner who is a member.
Election committee
If the board has not called a meeting on or before the 30th day after the demand, three or more owners may form an election committee and file written notice with the county clerk of each county where the subdivision lies (c). The notice must state that the committee was formed "to call a meeting of owners who are members of the property owners' association for the sole purpose of electing board members," give each member's name and residential address, and name the subdivision (d). Each member must sign and acknowledge it before a notary (e). The county clerk enters the filing date and records it in the real property records (f).
One committee, four months
Under (g), only one committee per subdivision may operate at a time; the first to file, after complying with the other requirements, has the power to act. A committee that "does not hold or conduct a successful election within four months after the date the notice is filed" is dissolved by operation of law, and an election held by a dissolved committee "is ineffective for any purpose under this section."
Committee meetings
Under (h), the committee may call owner meetings solely to elect board members, and the notice, quorum and voting provisions in the association's bylaws apply.
What This Means in Practice
For boards and managers
The simplest way to avoid this section is to calendar the annual meeting and notice dates at the start of each year. Keep the management certificate address current, because the owner's certified demand is sent to that address. See management certificate filing. Election mechanics (ballots, tabulation, candidate rules) are covered in owner voting and board elections, and electronic meetings in SB 2629.
For owners
The sequence matters: written demand by certified mail with return receipt, a copy to every member, a 30-day wait, then at least three owners sign and notarize the committee notice and file it with the county clerk. Keep the green card and the county filing receipt.
What the section does not say, and open questions
- It does not define "annual meeting" timing. The dedicatory instrument or bylaws typically set when it falls.
- It does not say who pays for the committee's meeting costs. Our reading: the text is silent. Confirm with counsel.
- It does not say what happens to the seats of sitting directors beyond the election purpose. Our reading: the committee's power is limited to calling meetings to elect board members under the bylaws' rules.
- It states no fine or damages remedy against a board that fails to call a meeting.
Timeline
| Date | Event |
|---|---|
| January 1, 2012 | Section 209.014 added by HB 2761 (82nd Leg., Sec. 5) |
| Day 0 | Owner's written demand sent by certified mail |
| Day 30 | Board's deadline to call a meeting; after it, an election committee may form |
| Filing date plus four months | Committee dissolves if no successful election |
Related Texas Law
- Owner voting and board elections (§§ 209.0055 to 209.00594)
- § 209.0051: open board meetings
- SB 2629: electronic meetings and voting
- Management certificate filing
- Business Organizations Code Chapter 22
Board Checklist
- Calendar the annual meeting and its notice dates a year ahead.
- Confirm the management certificate address and registered agent are current.
- Route any certified-mail demand to the board and manager the day it arrives.
- If a demand arrives, call the meeting within 30 days and document the notice.
- Follow the bylaws for notice, quorum and voting.
- Keep copies of the demand, green card, calendar and meeting notice.
Frequently Asked Questions
What can Texas owners do if the HOA never holds an annual meeting?
An owner can send a written demand by certified mail. If the board has not called a meeting within 30 days, three or more owners may form an election committee (§ 209.014(b) and (c)).
How many owners does it take to form an election committee?
Three or more (§ 209.014(c)).
Where is the committee notice filed?
With the county clerk of each county where the subdivision is located, signed and acknowledged before a notary (§ 209.014(c) and (e)).
How long does the committee have?
Four months from the date the notice is filed. A committee that does not hold or conduct a successful election in that time is dissolved (§ 209.014(g)).
Can the committee do anything besides elect directors?
No. Subsection (h) limits its meetings to electing board members.
Does this apply to condominiums?
Chapter 209 does not apply to condominiums (§ 209.003(d)). Check Chapter 82 and your bylaws.
Where This Comes From
We read the current text of § 209.014 and its history note on the Texas.Public.Law mirror, which states it was verified against the official site on May 26, 2025. The official statute site is at statutes.capitol.texas.gov. We did not read any later amendment or court decision.
Where We Stand
Our position: we support § 209.014. Elections are the main way owners hold a board accountable, and a self-help path when a board is dormant protects the community. It rarely applies to boards that keep a calendar. Tip: send the annual meeting notice from the managing agent's system with a delivery record, and keep the registered agent and management certificate address current. This is Association Property Managers' operating view as a management company, separate from the legal summary above, and it is not legal advice.
How APM Helps
Association Property Managers provides remote HOA and condo management for associations in Texas, starting at a flat $99/month per community with no per-door fees or long-term contracts. See remote management in Texas, browse every Texas state-law guide, or request a free proposal, delivered within three business days. Laws and licensing rules differ by state, and we confirm the requirements for Texas when we build your proposal.
Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Texas attorney before acting.
Ready to work with Association Property Managers?
Get a free, itemized proposal for your community — delivered within 3 business days.
Request a Free Proposal
