San Antonio, TX asked in Election Law for Texas

Q: Can an HOA Board inform of opening seats establishing the years of service for each to maintain the staggered terms?

HOA Elections are coming. 3 seats will be available. Because 1 person is stepping down, some recommend new person elected should just work to complete the term. Does new members' right to a 3-year service prevail or should staggered terms be prioritized?

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1 Lawyer Answer
Tammy L. Wincott
Tammy L. Wincott
  • San Antonio, TX
  • Licensed in Texas

A: The by-laws typically control how board members serve so they would control. Usually if a member resigns mid-term then the person replacing them would only serve out the remainder of that term. Staggered terms are in the best interest of the HOA.

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