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What the CCRs say in that regard is "2/3 of the votes in the Association" which they (as well as the management company we use) interpret as "2/3 of all eligible votes."
It's almost impossible to avoid sometimes, especially if you're in suburban or semi-rural subdivision. Very few developers would invest in an unrestricted subdivision, where people could trash the place out, bring in rotten mobile homes, junk cars, etc. But often, you don't really know what an...
The procedure for changing the amendment process is not addressed in the CCRs. ALL of the language in this section pertains to changing the amendment process, not to voting for amendments.
That's exactly what's happening in our subdivision. Our CCR's say that for an amendment to pass, it must be approved by "2/3 of the votes in the association." We have 33 lots, owned by about 24 people. One vote per lot owned. 33 possible votes. 2/3 of 33 = 23. What happens is, there are...
Thanks for the replies. This is 211.004(b) of Texas Property Code. Our subdivision meets the requirements of 211.001(4)(A)(i). It is in Kendall County, pop. 49,000.
Adjusterjack: per 211.004(e), only one vote per owner, even if there are multiple owners. What the CCRs say is irrelevant; the...
Texas Property Code 211.004(b):
An amendment procedure submitted to a vote under Subsection (a) binds all property owners in the subdivision or the unit or parcel of the subdivision to which the procedure applies if more than two-thirds of the voting property owners vote in favor of the procedure.
This is in Texas, pertaining to an HOA of a semi-rural subdivision.
Texas Property Code refers to certain proposals requiring approval by - quote - "2/3 of the voting property owners."
Given that each property owner in the subdivision is eligible to vote, does that mean:
1. 2/3 of the...
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