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there is another side to this issue, you understand the deed restrictions, you have lived in the same house for 25 years, a new board President takes over (not elected appointed) all of a sudden "harmony and consistensy" appear out of thin air, like magic a new standard. How much money would/should a homeowner spend to defend their rights to live by the deed restrictions as written? The deed restrictions you signed up to honor and obey...like magic...smoke and mirrors..a new standard, not defined, not written, a standard never mentioned in 25 years. How can an Association, a board of elected upstanding members of your community, enforce the unwritten deed restriction.? The answer is in the Texas Property Code not the CCRs
§ 204.010. POWERS OF PROPERTY OWNERS' ASSOCIATION.
(6) regulate the use, maintenance, repair,
replacement, modification, and appearance of the subdivision;
(21) exercise other powers necessary and proper for
the governance and operation of the property owners' association.
The rules and laws do not protect your home, the American Dream is a cash cow for Association attorneys
Robin, who appoints the new board president? I have only heard of elections by the homeowners. I am only familiar with California and it might be different in Texas. Just curious.
Board members are elected, if there are two candidates. If you are an "outsider" your name will be on the bottom of the ballet, there is no publicity, the board members and the management company run the election and count the votes. It is quite a system.
We have a newsletter published by the board members, censored by the board members with articles by the board members and the Ladybugs Garden Club. During litigation over a garden dispute, Garden Club articles were censored, for words like butterfly, cottage garden, along with phrases like "drought tolerant alternative for St. Augustine grass"
While it doesn't sound like the easiest thing to do, if the majority of homeowners were not happy it sounds like they certainly could take control of the board. I'm guessing there is only so much "creative" ballot counting the current board could do.
The only time that has happened is when there is a stand up vote, at the annual homeowners meeting, people will come out and give the board a thumbs down. All elections are counted by secret ballet.
Typically they are hand-selected and appointed by the management company for the developer at first, and then appointed by the board. These rules were written into the contracts by the HOA managers (more on this later).
There are some HOAs that later have "elections" but these are not "elections" that resemble any state election code nor do they reflect the democratic, free-to-run-for-office-by-any-owner, American sense of the word. All candidates must pass the "nominating committee" (usually made up of HOA lawyer, manager, and existing board members) before their name will appear on a ballot. Then there's an annual meeting where proxies marking the ballots can be mailed in, and people can sometimes be nominated from the floor at the meeting if they are in good standing. People with any violations are prohibited from voting or running for office, so weed violations peak about a week before the elections. What do we call the form of government where the leaders get to choose who runs against them in elections? What country is this again?
These "elections" are done by the rules - rules drafted by the HOA management lawyers with intent to protect the circle of trust (board) from allowing anyone in that might turn his banana republic into a democratic republic.
This protects the perpetual liens they have on all the houses ever built in Mandatory HOA land. Liens that are never paid off, and never expire. EVER. Even if the HOA stops providing services, the money stream continues from consumer's wallet to the HOA management if you miss a payment they charge 1000% interest payable in 30 days and put a gun to your head called "foreclose on your homestead".
Hopefully you understand this has nothing to do with a mortgage - this is a perpetuity (which is banned by the constitution so why are these allowed?)
You still have not answered the question regarding "what should we do when HOA turns bad?". At the risk of repeating myself, I'll rephrase here.
When HOA can't support a quorum nor get enough participation to fill all the board positions and have people besides the board show up to vote themselves back into office at the "elections", the "silent majority disease" has set in. It is at this juncture we need a common law to intervene and test the will of the people with this democratic YES or NO test. (yes continue it as is, no=dissolve it.)
What do you think of this? idea?
Please, I'm doing research and need honest feedback on this specific question - can you please?
To clarify - If HOA is rotten to the core (and assume the people will democratically say NO if it is), then the HOA "contract" (the one people agree to when they buy their house, the contract that grants all these super-government powers that are not subject to the constitution because this is a CONTRACT) is canceled (rendered null and void by law) and thrown out. HOA is then, by law, converted to a voluntary HOA with no lien rights, no ARC power to fine or deny home improvement projects, and generally exists to promote good will and neighborliness. There are many, many voluntary HOAs just like this out there - some over 40 years old.
Silent majority disease? Not buying it. People need to stand up for what they want. If that entails puttimg time and effort in to kicking out the current board then that is what they need to do.
It certainly sounds like this is no easy task. But it also sounds like it is possible. Now if the majority try and are being thwarted by fraud in the voting that is certainly another thing. Don't know where you would go from there.
So I guess that is my answer to the question. Try everything possible to remove the members of the HOA.
Perhaps some kind of watchdog group if board elections seem shady? They would come in and run the election. Make it a public vote so there is no question at all.
Question: Can the board and president dissolve the HOA?
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Ahhhhh the "election" question!
Even if the HOA stops providing services, the money stream continues from consumer's wallet to the HOA management if you miss a payment they charge 1000% interest payable in 30 days and put a gun to your head called "foreclose on your homestead". 
