Board elections
Update: please talk me down or Im going to lose the plot. following is my letter to the board following badhoa advice and their response. Its what every petty dictator would say if an election wasnt a guaranteed win for them. What am I looking at here (besides crazy) and fyi my code citing is NOT incorrect. The law is VERY clear and easy to read. 209.058(c) Ballots: In a property owners' association election, written and signed ballots are not required for uncontested races.
Dear Management and Board,
I am writing to formally object to the unilateral rescheduling of the Association’s Annual Meeting from May 30, 2026 to June 27, 2026, and the reopening of the board candidate solicitation process.
Per the Association’s official Candidate Solicitation Notice, the deadline to submit statements of candidacy was April 27, 2026. Upon the close of that noticed solicitation period, the number of qualified candidates did not exceed the number of open board positions, making this an uncontested election.
The Association’s Bylaws are silent regarding election by acclamation; therefore, Texas Property Code provisions governing uncontested elections apply. Under Texas Property Code §209.0058(c), written and signed ballots are not required for uncontested races. As such, the election process concluded upon the close of the noticed candidacy period.
Neither the Board nor management possesses authority under the Bylaws or Texas Property Code to retroactively reopen a closed solicitation period or restart the election process after the noticed deadline has passed.
Accordingly, I request that the Association cancel the June 27, 2026 extension/restart, proceed with the duly noticed May 30, 2026 Annual Meeting, recognize the qualified candidates who met the April 27, 2026 deadline, and address any remaining vacancy appointments separately in accordance with the Bylaws and Texas Property Code §209.00593(a).
Sincerely,
Response :
The Board of Directors acknowledges receipt of your correspondence objecting to the rescheduling of the annual meeting from May 30, 2026 to June 27, 2026 and to the reopening of candidate solicitation following the April 27, 2026 submission deadline. The Board acted within its authority under the Association’s governing documents and applicable law to reschedule the Annual Meeting and to administer the election process to ensure fairness, member participation and compliance. The annual meeting has been rescheduled to June 27, 2026, with proper notice to be provided in accordance with the governing documents and statutory requirements. The rescheduling was undertaken for notice, quorum, and administrative reasons to facilitate an orderly and compliant meeting.
You have cited Texas Property Code §209.0058(c) regarding ballot requirements for uncontested elections and §209.00593(a) concerning vacancy appointments. At a high level, §209.0058(c) addresses when ballots may not be required if an election is uncontested; however, it does not eliminate the Association’s obligation or authority to hold an annual meeting, provide proper notice, or otherwise administer an election that is consistent with the governing documents. Your assertion that the election “concluded” as of April 27, 2026 is incorrect. The Association may continue or reopen candidate solicitation, or accept additional candidate declarations, as appropriate to ensure member participation and compliance with noticed procedures and statutory notice requirements. Accordingly, the Board has declined your demand to revert the annual meeting date to May 30, 2026 and to seat candidates by acclamation at this time. The annual meeting will proceed on June 27, 2026 (as rescheduled), subject to quorum and all applicable procedures. The Association will follow the governing documents and the Texas Property Code notice requirements for the meeting and election process.
well they did it. After trying to work with this board for 2 years I finally ran. Followed the rules. Then we all got an email this morning saying the annual meeting was rescheduled (cant do that after properly noticed) and that the election process would start over from the begining due to not enough candidates (also cant do that). our texas 209 codes are similar to the sterling...our bylaws are silent on acclamation so by texas code it was an uncontested election. They would rather break the law with full cooperation from management than seat me on the board lmao Beyond that we havent had a board quorum because 3 people quit since jan. No meetings to appoint yet contracts are being signed and extended and paid. Its like a 3rd world dictator saying they have legal elections then always get elected. Sorry had to rant Im so pissed off.