Texas Property Code 209.0055 to 209.00594: HOA Owner Voting and Board Election Rules

Quick Answer

Texas Property Code §§ 209.0055 through 209.00594 set the rules for owner votes and board elections in subdivision HOAs: notice timing, ballots, recounts, who may run, how board members are elected, and who may count ballots. Since September 1, 2025, owner meetings may be held electronically or by telephone, and an owner must be allowed to vote by at least one of absentee ballot, proxy or electronic ballot.

The 2025 change does not require electronic voting. It requires that at least one of three methods be available, unless the association's documents provide otherwise.

At a Glance

What the Law Says

Notice of an election or vote (§ 209.0056)

• At a meeting (a). The association must give written notice "not later than the 10th day or earlier than the 60th day before the date of the election or vote."
• Not at a meeting (a-1). For a ballot vote outside a meeting, notice goes to all owners entitled to vote "not later than the 20th day before the latest date on which a ballot may be submitted to be counted."
• Supersedes documents (b). The section "supersedes any contrary requirement in a dedicatory instrument."
• 2025 addition (d). S.B. 2629 added a subsection allowing an owner meeting under this section to be held by "any method of communication, including electronic and telephonic means as provided by Section 6.002, Business Organizations Code." We confirmed that wording in the House committee text of the bill. The enrolled text did not load for us, so confirm the final wording.

Voting methods and ballots (§ 209.00592 and § 209.0058)

• Methods (209.00592(a)). An owner's vote may be cast in person or by proxy at a meeting, by absentee ballot, by electronic ballot, or by "any method of representative or delegated voting provided by a dedicatory instrument."
• One method is enough (a-1). "Unless a dedicatory instrument provides otherwise, a property owners' association is not required to provide an owner with more than one voting method. An owner must be allowed to vote by one of the following": absentee ballot, proxy, or electronic ballot. Justia's 2025 text credits S.B. 2629, Section 5, effective September 1, 2025, for this subsection.
• Quorum and supersession (b). An absentee or electronic ballot counts toward quorum "only for items appearing on the ballot," is not counted if the owner attends and votes in person, and is not counted on a final vote if the motion was amended at the meeting. A floor nomination in a board election is not an amendment (b-1).
• Required warning (c). An absentee ballot solicitation must include the ballot, delivery instructions, and a statutory notice beginning "By casting your vote via absentee ballot you will forgo the opportunity to consider and vote on any action from the floor..."
• Electronic ballot defined (d). A ballot given by email, fax or website posting, where the owner's identity can be confirmed and the owner may receive a receipt. If posted on a website, notice with access instructions goes to each owner (e).
• Writing and signature (209.0058). Votes outside a meeting, in board elections, on adopting or amending a dedicatory instrument, on assessment increases or special assessments, and on removing a board member must be in writing and signed, with exceptions. Electronic votes under § 209.00592 "constitute written and signed ballots," and signed ballots are not required for uncontested races. An association may adopt rules for secret ballots, and in board elections each candidate may name one person to observe the counting.

One practical wrinkle: the codified text of § 209.0058(a) and (d) prints two versions of each subsection, from two 2015 bills (S.B. 864 and S.B. 1168). Confirm with counsel how the two read together.

Who may vote and who may serve

• Right to vote (209.0059). A dedicatory-instrument provision that would disqualify an owner from voting in a board election, or on any matter concerning the owner's rights or responsibilities, "is void." For a development with 10 or fewer lots and a declaration recorded before January 1, 2015, a person may not vote unless subject to a governing instrument.
• Narrow rule (209.0055). A separate section bars certain large-county, non-mandatory-membership corporations from blocking a vote solely because of a pending enforcement action or delinquent amounts. It applies only to associations meeting a detailed definition (including incorporation before January 1, 2006), so most associations are outside it.
• Running for the board (209.00591). A provision restricting an owner's right to run is "void" except as the section allows. Bylaws may require some, but not all, board members to reside in the subdivision. A person may not serve if they live at the same primary residence as another board member (with exceptions for associations under 10 residences and the development period). A board member shown by government law-enforcement records to have been convicted of a felony or crime of moral turpitude within 20 years is immediately ineligible and removed. A declarant-control period must hand at least one-third of the board to owner-elected members within 120 days after 75 percent of lots are conveyed to non-declarant owners, or by the 10th anniversary of the declaration if the lot count is not stated.

Electing the board (§ 209.00593 and § 209.00594)

• Elected, not appointed (209.00593(a)). A board member whose term has expired "must be elected by owners," though the board may appoint to fill a vacancy for the remainder of the term. An appointment that violates the section is "void" (c).
• Candidate solicitation (a-1 to a-3). An association of more than 100 lots must give notice soliciting candidates at least 10 days before it sends ballots. The deadline to request a spot may not be earlier than the 10th day after the notice, and every eligible candidate who asked must be on the ballot.
• Exceptions (d, e). The section does not apply to appointments during a development period or to a representative board elected by representatives.
• Tabulation (209.00594). A candidate, a person who is the subject of a vote, or a relative within the third degree may not tabulate or be given access to the ballots. Others may tabulate, and those who tabulate or recount may not disclose how an individual voted.

Recounts (§ 209.0057)

An owner may demand a recount "not later than the 15th day after the later of" the meeting or the announcement of results. The demand goes in writing by verified mail or USPS signature confirmation to the address on the management certificate, or in person to the managing agent or the ballot address. The association must send a cost estimate invoice within 20 days, the owner must pay within 30 days of the invoice or the demand is "considered withdrawn," and the recount must be completed within 30 days after payment by a qualified person (such as a current or former county judge, elections administrator, justice of the peace or voter registrar, or someone the parties agree on). If the recount changes the result, the association reimburses the cost. Board actions between the first tally and the recount are not affected.

What This Means in Practice

For boards

Build the election calendar backward from the meeting or the ballot deadline. For a meeting, owners must receive written notice between 60 and 10 days before. For a ballot vote outside a meeting, notice must go out at least 20 days before the last date a ballot may be submitted. If the association has more than 100 lots, the candidate solicitation must go out at least 10 days before ballots do, so it effectively comes first.

The 2025 amendments give boards flexibility, not a mandate. Our reading: a board may hold an owner meeting online or by phone without amending the bylaws, because § 209.0056(d) is phrased as a permission that applies to meetings under that section. Whether a bylaw that requires an in-person meeting overrides the permission is an open question. Section 209.0056(b) says the section supersedes contrary dedicatory-instrument requirements, but subsection (d)'s own text is what controls the point.

Do not assign ballot tabulation to a candidate or a relative of a candidate within the third degree. Section 209.00594 is written as an absolute rule "notwithstanding any other provision."

For owners

You may be allowed only one voting method, depending on the association's choice and its documents. If the association offers only proxy voting, for example, the statute is satisfied. If you vote absentee and then attend the meeting, your in-person vote prevails.

A recount costs money up front. Calendar the 15-day demand deadline and the 30-day payment deadline, because missing payment withdraws the demand.

What the law does NOT say

• It does not require electronic voting or online meetings.
• It does not set a minimum or maximum term for board members.
• It does not say how many board members an association must have.
• It does not set a quorum percentage. Quorum comes from the governing documents, with the statute only addressing how absentee and electronic ballots count toward it.
• It does not authorize removing a board member by a method other than what the documents provide, apart from the felony and moral turpitude rule.

Timeline

Related Texas Law

• 2025 SB 2629: the electronic meetings and voting bill, including condominium changes.
• § 209.0051: open board meetings and notice.
• 2025 SB 711: architectural review candidate rules for larger subdivisions.
• § 209.005: owner records requests, including voting records.
• Chapter 209 overview and the Texas HOA laws complete guide.

Board Checklist

• Confirm which voting method (absentee ballot, proxy or electronic ballot) the association will offer, and check the bylaws for any instrument that changes the one-method rule.
• Calendar owner notice between the 60th and 10th day before a meeting, or at least 20 days before the ballot deadline for a vote outside a meeting.
• If the association has more than 100 lots, send the candidate solicitation at least 10 days before ballots go out.
• Include the statutory warning language on every absentee ballot solicitation.
• Use signed written ballots where § 209.0058 requires them, and use electronic ballots only if the owner's identity can be confirmed.
• Choose a ballot tabulator who is not a candidate or a relative within the third degree.
• Check each candidate and director for the cohabiting-director rule and, if the board has government record evidence, the felony rule.
• Have a recount procedure ready for the 15-day demand, 20-day invoice and 30-day completion windows.

Frequently Asked Questions

Can a Texas HOA hold its annual meeting online?

Since September 1, 2025, § 209.0056(d) allows an owner meeting held under that section to be held by any method of communication, including electronic and telephonic means as provided by Business Organizations Code § 6.002. Confirm the final text and your documents with counsel.

Does a Texas HOA have to offer electronic voting?

No. Under § 209.00592(a-1), an owner must be allowed to vote by one of absentee ballot, proxy or electronic ballot. The association need not offer more than one unless its documents say otherwise.

How much notice must owners get of an election?

For an election at a meeting, written notice not later than the 10th day or earlier than the 60th day before the election. For a vote outside a meeting, notice not later than the 20th day before the latest date a ballot may be submitted.

Can an HOA board appoint its own members?

Only to fill a vacancy. A board member whose term has expired must be elected by owners, and an appointment that violates § 209.00593 is void. The rule does not apply during a development period.

Can an owner who owes assessments still vote?

Section 209.0059 voids a provision that disqualifies an owner from voting in a board election or on matters about the owner's rights or responsibilities. The separate § 209.0055 rule covers only a narrow class of associations.

Who counts the ballots?

Anyone other than a candidate, a person who is the subject of the vote, or a relative of either within the third degree. People who tabulate or recount may not disclose how an individual voted.

How do owners demand a recount?

In writing within 15 days after the later of the meeting or the announcement of results, by verified mail, USPS signature confirmation, or in person as § 209.0057 describes. The owner pays the estimated cost within 30 days of the invoice or the demand is considered withdrawn.

Do absentee ballots count toward quorum?

Yes, but "only for items appearing on the ballot," under § 209.00592(b). An absentee or electronic ballot is not counted if the owner attends and votes in person.

Where This Comes From

We read the 2025 Texas Statutes text of §§ 209.0055, 209.0057, 209.0058, 209.0059, 209.00591, 209.00592, 209.00593 and 209.00594, the Texas Public Law text of § 209.0056 (current through May 2025, before the 2025 amendment), and the House committee text of S.B. 2629 (89th Legislature) for the § 209.0056(d) addition. The official statute listing is at statutes.capitol.texas.gov. We could not load the enrolled S.B. 2629 text. Interpretations labeled "our reading" are ours.

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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.