This section sets rules for how timeshare votes may be cast, including by one present owner, by proxy, by mail ballot, and limits on delinquent owners voting.
Sec. 221.087. VOTES. (a) If only one of the multiple owners of a timeshare interest is present at a meeting of the association, that owner may cast all votes allocated to that timeshare interest. If more than one of the multiple owners are present, the votes allocated to that timeshare interest may be cast only in accordance with the agreement of a majority of the timeshare interest held by the multiple owners unless the timeshare instrument expressly provides otherwise. For purposes of this subsection, there is a majority agreement if any one of the multiple owners casts the votes allocated to that timeshare interest and no protest is made promptly to the person presiding over the meeting by any of the other owners of the timeshare interest. (b) Votes allocated to a timeshare interest may be cast under a proxy duly executed by an owner. A proxy must expressly state the dates of execution and termination. An owner may only revoke a proxy given under this section by actual notice of revocation to the person presiding over a meeting of the association. A proxy is revoked on presentation of a later dated proxy or other written revocation executed by the same owner. A proxy terminates the 25th month after the date the proxy is executed, unless the proxy specifies a shorter period or states that the proxy is coupled with an interest and is irrevocable. (c) The project instrument for a timeshare plan may authorize votes of members of an association to be cast by mail only if: (1) mail ballots are mailed or sent to each member in the manner prescribed for a notice of a special meeting under Section 221.089; (2) the period for return of mail ballots is not later than the 30th day after the date the ballots are mailed or sent to members; and (3) the required minimum number of ballots that must be returned by members for the vote to be effective represents at least the percentage of voting interests required for a quorum as prescribed by Section 221.086(a). (d) Only timeshare interests included in the timeshare plan have voting rights. (e) Unless the project instrument provides otherwise, owners who are delinquent in assessments do not have the right to cast a vote. The right to cast a vote is also subject to any additional limitations provided in the project instrument. Added by Acts 2013, 83rd Leg., R.S., Ch. 1352 (S.B. 1372), Sec. 2, eff. September 1, 2013.