Annual Meetings - Money Talks and So Do We
What is the required notice period for an annual HOA meeting for single family?
At least 10 days but no more than 60 days.
What is the required notice period for a Texas HOA board meeting under Chapter 209?
At least 144 hours for regular meetings,.
What is the primary purpose of a special meeting in an HOA?
To discuss urgent or specific issues outside of regular board meetings.
Name 5 of the 15 items that require an open board vote in a Texas HOA.
(1) fines;
(2) damage assessments;
(3) initiation of foreclosure actions;
(4) initiation of enforcement actions, excluding temporary restraining orders or violations involving a threat to health or safety;
(5) increases in assessments;
(6) levying of special assessments;
(7) appeals from a denial of architectural control approval;
(8) a suspension of a right of a particular owner before the owner has an opportunity to attend a board meeting to present the owner’s position, including any defense, on the issue;
(9) lending or borrowing money;
(10) the adoption or amendment of a dedicatory instrument;
(11) the approval of an annual budget or the approval of an amendment of an annual budget;
(12) the sale or purchase of real property;
(13) the filling of a vacancy on the board;
(14) the construction of capital improvements other than the repair, replacement, or enhancement of existing capital improvements; or
(15) the election of an officer.”
What law governs condominiums in Texas regarding meetings and governance?
TUCA (Texas Uniform Condominium Act).
Who can call an annual meeting, and what must be included in the notice?
The HOA board must call it, and the notice must include date, time, location, and agenda.
Who is allowed to attend an open board meeting?
All homeowners
How much notice is required for a special meeting for single family?
72 hours notice is required for special meetings in Texas.
What are the valid voting methods for Texas HOA members?
In-person, proxy, absentee ballot, electronic voting, or a mix of these.
Can homeowners sue an HOA for violating open meeting laws?
Yes, if the HOA fails to follow state-mandated transparency rules.
What happens if quorum is not met at an annual meeting?
The meeting cannot proceed, and another meeting may be scheduled with adjusted quorum requirements.
What role does the board president play in meetings?
Leads discussions, enforces order, and ensures agenda items are addressed efficiently.
Can homeowners call for a special meeting?
Yes, if they meet the minimum petition requirement outlined in the governing documents.
Can a board make financial decisions without a vote?
No, financial matters require a public vote and must be recorded in meeting minutes.
What is required to amend HOA governing documents?
A homeowner vote, often requiring a supermajority approval based on the bylaws.
Why is the annual meeting important for homeowners?
It's the primary opportunity for members to review HOA finances, elect board members, and discuss community concerns.
What are the typical agenda items in a board meeting?
Financial reports, committee updates, maintenance projects, and new business.
What happens if quorum is not met in a special meeting?
The meeting is adjourned and may need to be rescheduled.
What happens if a board votes on an issue without proper notice?
The decision may be challenged or invalidated under Texas HOA laws.
What happens if an HOA enforces a rule that contradicts state law?
If an HOA rule conflicts with Texas state law, the state law overrides the HOA rule, and the HOA may be required to amend its governing documents to comply.
Can annual meetings be held virtually?
Yes, state law allows for all property types to conduct virtual annual meetings.
What is an executive session?
An executive session is a closed portion of a board meeting where confidential matters are discussed.
Can a special meeting be used to remove a board member?
Yes, if the HOA's bylaws allow for a recall vote during a special meeting.
What is a proxy vote?
A vote cast by someone authorized to vote on behalf of another homeowner.
Can an HOA fine a homeowner without holding a hearing?
No, under Chapter 209 of the Texas Property Code, a homeowner must be notified in writing and given the opportunity for a hearing before fines or penalties can be imposed.