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Online Voting for Texas in 2012
Written by: Scott McKeel
This law goes into effect on January 1, 2012.
Sec.i209.0059.iiRIGHT TO VOTE. (a)iiA provision in a dedicatory instrument that would disqualify a property owner from voting in a property owners .association election of board members or on any matter concerning the rights or responsibilities of the owner is void.
(b)ii This section does not apply to a property owners .association that is subject to Chapter 552, Government Code, by application of Section 552.0036,
Sec.i209.00591.iiBOARD MEMBERSHIP. (a)ii Except as provided by this section, a provision in a dedicatory instrument that restricts a property owner s. right to run for a position on the board of the property owners .association is void.
(b)ii If a board is presented with written, documented evidence from a database or other record maintained by a governmental law enforcement authority that a board member has been convicted of a felony or crime involving moral turpitude, the board member is immediately ineligible to serve on the board of the property owners .association, automatically considered removed from the board, and prohibited from future service on the board.
(c)ii The declaration may provide for a period of declarant control of the association during which a declarant, or persons designated by the declarant, may appoint and remove board members and the officers of the association, other than board members or officers elected by members of the property owners . association. Regardless of the period of declarant control provided by the declaration, on or before the 120th day after the date 75 percent of the lots that may be created and made subject to the declaration are conveyed to owners other than a declarant, at least one-third of the board members must be elected by owners other than the declarant. If the declaration does not include the number of lots that may be created and made subject to the declaration, at least one-third of the board members must be elected by owners other than the declarant not later than the 10th anniversary of the date the declaration was recorded.
Sec.i209.00592.iiVOTING; QUORUM. (a)ii The voting rights of an owner may be cast or given:
(1)i I in person or by proxy at a meeting of the property owners . association;
(2)ii by absentee ballot in accordance with this section;
(3)ii by electronic ballot in accordance with this section; or
(4)ii by any method of representative or delegated voting provided by a dedicatory instrument.
(b)ii An absentee or electronic ballot:
(1)ii may be counted as an owner present and voting for the purpose of establishing a quorum only for items appearing on the ballot;
(2)ii may not be counted, even if properly delivered, if the owner attends any meeting to vote in person, so that any vote cast at a meeting by a property owner supersedes any vote submitted by absentee or electronic ballot previously submitted for that proposal; and 5880 82nd LEGISLATURE . REGULAR SESSION
(3)ii may not be counted on the final vote of a proposal if the motion was amended at the meeting to be different from the exact language on the absentee or electronic ballot.
(c)ii A solicitation for votes by absentee ballot must include:
(1)ii an absentee ballot that contains each proposed action and provides an opportunity to vote for or against each proposed action;
(2)ii instructions for delivery of the completed absentee ballot, including the delivery location; and
(3)ii the following language: "By casting your vote via absentee ballot you will forgo the opportunity to consider and vote on any action from the floor on these proposals, if a meeting is held. This means that if there are amendments to these proposals your votes will not be counted on the final vote on these measures. If you desire to retain this ability, please attend any meeting in person. You may submit an absentee ballot and later choose to attend any meeting in person, in which case any in-person vote will prevail."
(d)ii For the purposes of this section, "electronic ballot" means a ballot:
(1)ii given by:
(B)ii facsimile; or
(C)ii posting on an Internet website;
(2)ii for which the identity of the property owner submitting the ballot can be confirmed; and
(3)ii for which the property owner may receive a receipt of the electronic transmission and receipt of the owner s. ballot.
(e)ii If an electronic ballot is posted on an Internet website, a notice of the posting shall be sent to each owner that contains instructions on obtaining access to the posting on the website.
(f)ii This section supersedes any contrary provision in a dedicatoryinstrument.
(g)ii This section does not apply to a property owners .association that is subject to Chapter 552, Government Code, by application of Section 552.0036,