Texas HOA Election Challenge Demand Letter

If you believe your Texas HOA election was rigged, mishandled, or violated the rules, state law gives you specific tools to fight back. The Texas Residential Property Owners Protection Act (Chapter 209 of the Property Code) sets strict requirements for how board elections must be conducted, including secret ballots, absentee voting rights, and tabulation by people unrelated to candidates. When an HOA ignores these rules, homeowners can demand a recount, an audit, or a new election. A well-drafted demand letter citing the exact statute often resolves the dispute before litigation. This page explains your rights, the deadlines that apply, and how to put your association on notice that you intend to enforce Texas law.

Texas regulates HOA elections more tightly than most states. Under Texas Property Code § 209.00592, any HOA election or vote on a recall must be conducted by secret ballot, and absentee or electronic voting must be allowed. Owners cannot be required to identify themselves on the ballot, and the association must use a tabulation method that protects ballot secrecy while allowing verification.

Section 209.00593 governs who can serve on the board: in most associations, board members must be elected by the membership rather than appointed, and developer control must transition to homeowner control within statutory timelines. Section 209.0058 requires associations to count votes properly and keep voting records.

A homeowner who suspects irregularities has two main statutory remedies. First, under § 209.00594, any owner may demand a recount of any election within 15 days after the vote tally is announced. The recount must be performed by a neutral third party (a CPA, attorney, or election service), and if the recount changes the outcome, the association pays the cost; otherwise the requesting owner pays. Second, under § 209.0059, an owner may demand an audit of association records, including ballots, sign-in sheets, and proxies.

If the HOA refuses to comply, homeowners may sue under § 209.0057 (deed restriction enforcement) or general Chapter 209 enforcement provisions. Courts can void the election, order a re-vote, and award attorney's fees to the prevailing party. Common violations include counting ballots in secret, refusing absentee ballots, allowing board members to tabulate their own re-election, denying access to the membership list before the vote, and failing to give proper notice of the meeting under § 209.0051.

A demand letter is the most cost-effective first step in a Texas HOA election challenge. Boards and their management companies routinely back down when a homeowner cites specific Property Code sections rather than vague complaints, because attorneys for the HOA know that Chapter 209 allows fee-shifting and that judges take election irregularities seriously.

An effective Texas letter should: (1) identify the specific election and date; (2) describe the irregularity in factual detail (for example, 'ballots were not secret' or 'the board president personally counted votes for his own re-election'); (3) cite the exact statute violated, such as § 209.00592(c) for secret ballot violations; (4) make a clear demand—typically a recount under § 209.00594, an audit under § 209.0059, or a new election; (5) set a reasonable deadline, usually 15 to 30 days; and (6) preserve the right to sue, recover fees, and seek injunctive relief.

Send the letter by certified mail, return receipt requested, to both the HOA's registered agent and the management company. Keep copies of all attachments. Many disputes settle at this stage because the HOA's insurance carrier or attorney advises compliance rather than risk an attorney-fee award. If the board ignores the letter or denies wrongdoing, the documented demand becomes powerful evidence in court that the association was on notice and chose not to cure.

In Texas, election disputes can be filed in justice court (small claims, up to $20,000), county court at law, or district court depending on the relief sought. Injunctive relief such as voiding an election generally requires district court. Filing fees range from about $54 in justice court to $350+ in district court. Texas requires a recount demand within 15 days of the vote tally. Before suing, owners must usually send written notice and may need to attempt the alternative dispute resolution required by some HOA bylaws. Attorney's fees are recoverable by the prevailing party in deed restriction and Chapter 209 cases under § 5.006 and § 209.0057. Statute of limitations for contract-based HOA claims is generally four years.