Tex. Prop. Code § 209.00591

(a) 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. (a-1) Notwithstanding any other provision of this chapter, a property owners’ association’s bylaws may require one or more board members to reside in the subdivision subject to the dedicatory instruments but may not require all board members to reside in that subdivision. A requirement described by this subsection is not applicable during the development period. (a-2) Notwithstanding any other provision of this chapter, a property owners’ association that governs a subdivision comprised of multiple sections may designate in an association instrument governing the administration or operation of the association a specified number of positions on the board, each of which must be elected from a designated section of the subdivision. The instrument may require each board member representing a section to reside in that section. (a-3) A person may not serve on the board of a property owners’ association if the person cohabits at the same primary residence with another board member of the association. This subsection does not apply: (1) to an association with fewer than 10 residences; or (2) during a subdivision’s development period to affect the eligibility to serve on the board of: (A) a person who cohabits with a developer of the subdivision regulated by the association; or (B) the developer. (b) 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 was convicted of a felony or crime involving moral turpitude not more than 20 years before the date the board is presented with the evidence, 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) 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 or a builder in the business of constructing homes who purchased the lots from the declarant for the purpose of selling completed homes built on the lots, 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. Added by Acts 2011, 82nd Leg., R.S., Ch. 1026 (H.B. 2761 ), Sec. 3, eff. January 1, 2012. Amended by: Acts 2015, 84th Leg., R.S., Ch. 649 (H.B. 1072 ), Sec. 1, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168 ), Sec. 13, eff. September 1, 2015. Acts 2019, 86th Leg., R.S., Ch. 1056 (H.B. 1025 ), Sec. 1, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 1056 (H.B. 1025 ), Sec. 1, eff. June 14, 2019. Source: Section 209.00591 — Board Membership , https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­209.­htm#209.­00591 (accessed May 26, 2025). 209.001 Short Title 209.002 Definitions 209.003 Applicability of Chapter 209.004 Management Certificates 209.005 Association Records 209.006 Notice Required Before Enforcement Action 209.007 Hearing Before Board 209.008 Attorney’s Fees 209.009 Foreclosure Sale Prohibited in Certain Circumstances 209.010 Notice After Foreclosure Sale 209.011 Right of Redemption After Foreclosure 209.012 Restrictive Covenants Granting Easements to Certain Property Owners’ Associations 209.013 Authority of Association to Amend Dedicatory Instrument 209.014 Mandatory Election Required After Failure to Call Regular Meeting 209.015 Regulation of Land Use: Residential Purpose 209.016 Regulation of Residential Leases or Rental Agreements 209.017 Justice Court Jurisdiction 209.0041 Adoption or Amendment of Certain Dedicatory Instruments 209.0042 Methods of Providing Notices to Owners 209.0051 Open Board Meetings 209.0052 Association Contracts 209.0055 Voting 209.0056 Notice of Election or Association Vote 209.0057 Recount of Votes 209.0058 Ballots 209.0059 Right to Vote 209.0061 Association Policy 209.0062 Alternative Payment Schedule for Certain Assessments 209.0063 Priority of Payments 209.0064 Third Party Collections 209.0065 Credit Reporting Services 209.0091 Prerequisites to Foreclosure: Notice and Opportunity to Cure for Certain Other Lienholders 209.0092 Judicial Foreclosure Required 209.0093 Removal or Adoption of Foreclosure Authority 209.0094 Assessment Lien Filing 209.00505 Architectural Review Authority 209.00591 Board Membership 209.00592 Voting 209.00593 Election of Board Members 209.00594 Tabulation of and Access to Ballots Up to date Verified: May 26, 2025 § 209.00591. Bd. Membership's source at texas​.gov Stay Connected Join thousands of people who receive monthly site updates. Subscribe Get Legal Help The State Bar of Texas runs a service for finding an attorney in good standing. Initial consultations are usually free or discounted: Lawyer Referral & Information Service (LRIS) Committed to Public Service We will always provide free access to the current law. In addition, we provide special support for non-profit, educational, and government users. Through social entre­pre­neurship, we’re lowering the cost of legal services and increasing citizen access. Navigate Find a Lawyer Blog About Us API Contact Us Reports Secondary Sources Privacy Policy California: Codes Colorado: C.R.S. Florida: Statutes Nevada: NRS New York: Laws Oregon: OAR , ORS Texas: Statutes World: Rome Statute , International Dictionary Location: https://texas.public.law/statutes/tex._prop._code_section_209.00591 Original Source: Section 209.00591 — Board Membership , https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­209.­htm#209.­00591 (last ac­cessed May 10, 2025). Blank Outline Levels × The legislature occasionally skips outline levels. For example: (3) A person may apply [...] (4)(a) A person petitioning for relief [...] In this example, (3) , (4) , and (4)(a) are all outline levels, but (4) was omitted by its authors. It's only implied. This presents an interesting challenge when laying out the text. We've decided to display a blank section with this note, in order to aide readability. Trust but verify. Here is the original source for section 209.00591 Do you have an opinion about this solution? Drop us a line. Close