[red-beard]

Originally Posted by icemann427

There may be more current legislation than what I just read on the internet (an October, 2017 publication), but as of that date, Texas did not have legislation in place that addressed when the Declarant (the developer) must hand over the HOA to its residents. As such, the Declarant can keep control for as long as it deems necessary to protect its interest(s), unless successfully sued by the residents for control.

Many other States have laws in place that dictate how and when control transfer to the residents is to take place. As previously stated, it appears Texas is not one.

If the "terms" of such transfer in the Declaration (the Bylaws and/or C,C,&R's of the association) are not spelled out, then the Declarant can decide for itself when that transfer will take place, if ever (if you, indeed, reside in Texas as your information suggests).

In our HOA, that was spelled out in the HOA document at 50% of the houses at completed build.