Practice Area

HOA Rule Amendment — When the Board Changes the Rules Without a Homeowner Vote

Texas Property Code Ch. 209

Situation — How This Comes Up

Our HOA board changed a major rule without any homeowner vote and is now enforcing it against us.

What You Need to Know First

Not every governing document change can be made by the board alone. Amendments to the Declaration typically require a supermajority owner vote. A rule change that exceeds the board’s amendment authority can be declared void.

Full Analysis

HOA governing document amendment procedures depend entirely on what the documents say. Declaration amendments typically require owner votes; rule changes may be board-only. A rule adopted through the wrong process — or that exceeds the board’s authority — is vulnerable to challenge.

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