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Important legal disclaimer.
HOA Ballot is not a law firm and does not provide legal advice. Nothing
on this page, and nothing HOA Ballot says, does, or generates, is legal
advice or may be relied on as legally valid or sufficient. Your
association and its legal counsel are solely responsible for verifying
the approval threshold, legal compliance, amendment language, filing
requirements, and legal sufficiency of the vote. Please independently
verify all information and consult a licensed attorney. Statute
references on this page are shown for transparency about what we review;
they are not legal advice — confirm every requirement with your
association's attorney.
Texas planned-community HOAs generally fall under the Texas Residential Property Owners Protection Act (Tex. Prop. Code Ch. 209). For most residential subdivisions, a declaration can generally be amended only by 67% of the total votes allocated to owners entitled to vote, but if your recorded declaration sets a lower percentage that lower figure generally controls (Tex. Prop. Code § 209.0041). These default rules generally do not apply during the developer's development period, and the recorded declaration remains the document that ultimately governs your community.
Condominiums (Uniform Condominium Act)
Texas condominiums are governed mainly by the Uniform Condominium Act (Tex. Prop. Code Ch. 82), with regimes created before January 1, 1994 also subject in part to the older Texas Condominium Act (Tex. Prop. Code Ch. 81). A condominium declaration can generally be amended by at least 67% of the votes in the association, or a larger majority if the declaration specifies one (Tex. Prop. Code § 82.067). Certain changes — such as altering unit boundaries, allocated interests, or use restrictions — generally require 100% (unanimous) approval, so the exact change you want matters a great deal.
How the vote can run
For Chapter 209 HOAs, owners may generally vote in person or by proxy at a meeting, by absentee ballot, or by electronic ballot, and an association generally need not offer more than one method so long as owners can use an absentee ballot or proxy (Tex. Prop. Code § 209.00592). Votes to adopt or amend a dedicatory instrument generally must be in writing and signed, and an association may adopt secret-ballot rules with safeguards (Tex. Prop. Code § 209.0058). Condominium voting and proxies run under their own rules, where a board may generally decide whether a given vote is cast electronically, by absentee ballot, in person, by proxy, or by written consent (Tex. Prop. Code §§ 82.102, 82.110).
Before we quote
Texas details that shape your vote
These are the things we check so your quote and timeline are realistic —
not legal advice, just the questions a careful Texas vote has to answer.
Your recorded declaration controls: Texas defaults (generally 67%) apply mainly where the declaration is silent, and a lower percentage written into a planned-community declaration generally governs (Tex. Prop. Code § 209.0041).
Planned-community amendment defaults generally do not apply during the developer's development period, or to commercial, industrial, apartment, or condominium portions of a subdivision (Tex. Prop. Code § 209.0041).
Condominium amendments generally need at least 67% of association votes, but certain changes (unit boundaries, allocated interests, use restrictions, or declarant rights) generally require unanimous 100% consent (Tex. Prop. Code § 82.067).
Off-meeting votes to adopt or amend a dedicatory instrument generally must be in writing and signed by the member, which shapes how ballots are collected and verified (Tex. Prop. Code § 209.0058).
Absentee and electronic ballots can generally count toward quorum for items on the ballot, but a vote cast in person at the meeting generally supersedes a previously submitted ballot (Tex. Prop. Code § 209.00592).
Secret-ballot voting is permitted if the association adopts rules that prevent over-voting and ensure every eligible vote is counted; a candidate may name one observer who cannot see who cast each ballot (Tex. Prop. Code § 209.0058).
To take effect, an amendment generally must be recorded in the real property records of each county where the community sits — a planned-community dedicatory instrument generally has no effect until it is filed, and a condominium amendment's validity is generally only challengeable within one year of recording (Tex. Prop. Code §§ 82.067, 202.006).
Texas associations must also keep a management certificate on file with the county clerk and with the Texas Real Estate Commission via hoa.texas.gov, a separate state-level filing distinct from recording the amendment itself (Tex. Prop. Code §§ 209.004, 207.006).
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