Guides · How the association is run
Who controls the board, and until when?
Until the tenth anniversary of the day the Covenant was recorded, the Declarant (the developer) has the sole right to appoint and remove every Board member. By then, or sooner if the Declarant chooses, the Board must hold a meeting where owners elect one-third of the Board. Only owners other than the Declarant can vote in that election.
After that, the Declarant keeps the sole right to appoint and remove the other two-thirds until the Development Period ends. That period lasts thirty years from the day the Covenant was recorded, unless the Declarant ends it sooner in a recorded document.
While the Development Period lasts, the Declarant also gets four extra votes for every one vote held by anyone else. It does not need to own any part of the community to use them.
That is a summary in plain words. The passages below are what the documents actually say, and they are the authority.
What the documents say
until the 10th anniversary of the date this Covenant is Recorded, Declarant shall have the sole right to appoint and remove all members of the Board. No later than the 10th anniversary of the date this Covenant is Recorded, or sooner as determined by Declarant, the Board shall hold a meeting of the Members of the Association for the purpose of electing one-third of the Board
Master Covenant, §3.4Read page 19 in the documentscan
At such meeting, the Board member(s) may only be elected by Owners other than the Declarant. Declarant shall continue to have the sole right to appoint and remove two-thirds of the Board
Master Covenant, §3.4Read page 19 in the documentscan
"Development Period" means the period of time beginning on the date when this Covenant has been Recorded, and ending thirty (30) years thereafter
Master Covenant, DefinitionsRead page 9 in the documentscan
unless earlier terminated by Recorded instrument executed by the Declarant
Master Covenant, DefinitionsRead page 9 in the documentscan
for every one (1) vote outstanding in favor of any other person or entity, Declarant shall have four (4) additional votes until the expiration or termination of the Development Period. Declarant may cast votes allocated to the Declarant pursuant to this Section 3.5.2 and shall be considered a Member for the purpose of casting such votes, and need not own any portion of the Development as a pre-condition to exercising such votes.
Master Covenant, §3.5.2Read page 20 in the documentscan
Related
This guide was written from the copies in this archive. Documents can be amended after they are recorded, and this is not legal advice; the recorded instruments at the Comal County Clerk are the authoritative versions.