Legal Question in Real Estate Law in Texas
removing board members and replacing them
I would like to know how to remove board members from a small land/ property association. Our bylaws say we are to hold a speical meeting to vote them out. But they say we cannot do that. This is how it reads:
Article V1 Section 2 Special Meetings
Special meetings of the members may be called by the President, the board of directors, or by the members holding the voting rights to not less than 1/10th of the total votes outstanding as defined in Article V, Section 2. ( below)
Voting rights of members. Each member of the corporation shall be granted one vote for each lot owned not to exceed four votes for any one owner.
1 Answer from Attorneys
Re: removing board members and replacing them
It is clear that a petition signed by 10% of those entitled to vote is sufficient to hold a special meeting for the purpose of removing and installing board members by majority vote.
How one enforces this is another matter, and may require court action.
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