Homeowners’ associations help maintain community standards and property values. However, there may be times when board members may fail to fulfill their duties or act against community interests.
In these cases, property owners might consider removing these board members for the good of the community. For Texas property owners who want their HOA to operate effectively and fairly, it’s important to understand the removal process and valid grounds for such action.
Texas law on board member removal
Texas law sets out specific rules for removing HOA board members. These rules protect both community interests and individual board members’ rights.
The Texas Property Code outlines the removal procedures. This law requires:
- Proper notice: All owners must receive notice before a removal vote occurs
- Voting thresholds: A certain percentage of votes is needed to remove a board member
- Replacement process: The law explains how to fill vacancies after removal
These legal requirements ensure a fair and transparent removal process.
What might call for their removal?
Several situations might justify starting the removal process. Property owners should think carefully about these reasons before taking action.
Valid grounds for removal may include:
- Breaching fiduciary duty: Not acting in the association’s best interests
- Violating governing documents: Repeatedly ignoring HOA bylaws or rules
- Misusing funds: Improperly handling or taking association money
- Having conflicts of interest: If they benefit personally at the association’s expense
- Neglecting duties: Consistently failing to perform assigned tasks
Property owners may have an easier time deciding if removal is an appropriate solution in their situation if they understand these grounds.
Removing a board member is a major decision that warrants careful thought. Texas property owners worried about their HOA’s leadership should learn about the relevant laws and valid removal reasons. Armed with this knowledge, they can take appropriate action when needed while respecting everyone’s legal rights.