Do you want to stay on top of the ever-changing world of HOA rules and best practices? This document informs the members about the venue, date, time, and agenda of the meeting. As amended, Section 209.007 no longer permits the hearing to be first held by a committee appointed by the board of directors and it now requires the board of directors to designate a member of the board or other representative to present the property owners associations case at the hearing. Duty of Care of Directors and Officers of Condominium Associations under the Texas Uniform Condominium Act, 3.16 Immunity and Indemnity of Directors and Officers of Nonprofit Corporation HOAs, 3.16.1. Tax return and audit information must be . A Homeowner will be allotted (5 minutes) for their questions and comments. Notice of Board Meetings. This meeting is to be conducted amongst all owners and proper notice of this meeting must be provided. . The requirements for giving notice of a board meeting to members of the board (an associations directors) are typically found in the associations bylaws or articles. It also permits associations to allow their members to vote by secret ballot. If an item needs to be added to the agenda after it was posted, it can be added as follows (Civ. Section 209.004 of the Texas Property Code requires the management certificate to contain certain information. Actions that cannot be taken by the board outside of an open meeting are listed in Section 209.0051(h) of the Texas Property Code. Subsection (d) requires written record of the meetings to be kept in the form of minutes. Please allow a few minutes for this process to complete. Section 202.018 also permits a property owners association to adopt or enforce restrictions that restrict the display of religious items: (1) on common area or common element property; (2) that violate any applicable building line, right-of-way, setback, or easement; or (3) that are attached to a traffic control device, street lamp, fire hydrant, or utility sign, pole, or fixture. You'll need to check with your HOA board and governing documents for details for your HOA's specific rules. 209.001. In Texas, notice for both regular and special board meetings needs to be emailed to homeowners and posted (online or conspicuously in the community) at least 72 hours before the beginning of the meeting. However, there are two changes, of major import, to the law governing board action taken outside of a meeting. Existing requirements to keep minutes and make them available, to give notice of meetings, for homeowners to keep their e-mail address up-to-date, and for recessing meetings remain in Chapter 209.0051(d, e, f, & g). Can any board meetings be held without the required notice to owners? Subsection (c) of this section requires that meetings of the board of a property owners' association must be open to the owners. This bill takes effect on September 1, 2021. The most significant of the enacted bills is Senate Bill 1588, which ultimately evolved into an omnibus bill with 27 separate sections that add or modify 3 chapters of the Texas Property Code. Fifth, and finally, an HOA board may hold an "emergency" or "special" session. (Civ. Termination Procedure if the Condominium Development Property is not to Be Sold Following Termination, 2.12.4 Post-Termination Distribution of Condominium Associations Assets, 2.12.5 Rescission of Termination Agreement, 2.13 Foreclosure of a Lien Against All or Part of a Condominium Development, 2.15 Organization and Powers of a Condominium Association, 2.15.1 General Powers of Condominium Associations, 2.15.2 Power of Condominium Associations to Evict or Collect Rents from a Unit Owners Tenants, 2.15.3 Power of Condominium Associations to Sell Real Property in the Condominium Development, 2.15.4 Power of Condominium Associations to Terminate Certain Contracts Without Penalty, 2.15.5 Regulations on the Powers of Condominium Associations, 2.16 Directors and Officers of a Condominium Association, 2.16.1 Transition of Control of Condominium Associations, 2.16.2 Duty of Care of Directors and Officers of Condominium Associations, 2.17 Bylaws of Condominium Associations, 2.18 Meetings, Quorums, Voting, and Proxies, 2.18.1 Notice of Board of Directors and Membership Meetings, 2.18.4 Voting, Use of Proxies, and Cumulative Voting, 2.19.1 Commercial General Liability Insurance, 2.19.3 Other Insurance Coverage Required by Declaration or Deemed Appropriate by the Board of Directors, 2.19.4 Additional Insurance Requirements, 2.20 Authority to Levy Assessments and Establishment of an Assessment Lien, 2.20.2 Establishment of an Assessment Lien, 2.20.3 Notification of Unit Owners Assessment Delinquency to Other Lienholders, 2.20.4 Acceptance of a Deed in Lieu of Foreclosure and Bidding on a Unit at a Foreclosure Sale, 2.20.5 Redemption of a Unit Following Foreclosure, 2.21 Books and Records and Annual Audit Requirements, 2.21.1 Books and Records Required to Be Kept by Condominium Associations, 2.21.2 Inspection of Books and Records by Unit Owners, 2.25 Violation of the Texas Uniform Condominium Act and Enforcement of a Condominium Associations Governing Documents, CHAPTER 3 FORMATION AND ADMINISTRATION OF TEXAS HOMEOWNERS ASSOCIATIONS, 3.1 Formation of and Laws Applicable to the Administration of Texas Homeowners Associations, 3.1.1 Texas Law Governing Nonprofit Corporation HOAs, 3.1.2 Texas Law Governing Unincorporated Nonprofit Associations, 3.2 Management of Nonprofit Corporation HOAs by a Board of Directors, 3.3 Transition of Control of a Board of Directors from Declarant to Homeowners, 3.4 Number of Directors on the Board and Manner of Appointment or Election of Members to the Board of Directors, 3.4.1 Number of Directors on the Board of Directors, 3.4.2 Manner of Appointment and Election of Directors, 3.5 Eligibility Requirements and Qualifications to Serve as a Director of a Texas Nonprofit Corporation HOA, 3.7 Resignation or Removal of Directors from the Board, 3.8 Filling a Vacancy on the Board of Directors, 3.8.1 Manner of Filling a Vacancy on a Condominium Associations Board of Directors, 3.8.2 Manner of Filling a Vacancy on a Subdivision Associations Board of Directors, 3.9 Corporate Officers of a Nonprofit Corporation HOA, 3.10 Election or Appointment of Officers, 3.11 Eligibility Requirements and Qualifications to Serve as an Officer, 3.13 Committees of a Nonprofit Corporation HOA, 3.14 Ex Officio Members of the Board of Directors, 3.15 Duty of Care of Directors and Officers, 3.15.1. Members of a property owners' association must be given notice of board meetings containing the date, time, location, and subject of the meeting. Lands End is home to a variety of birds, including bald eagles. All types of companies are required to give notice at least 7 days before the actual day of the meeting. Timely compliance drives completed by our in house CMA Compliance Team. B. Typically, board meetings require less notice of as little as 7 days to at most 30 days prior. HOA Meeting Breakdown: Types of . Minutes recorder- always, always document HOA meetings, including . These electronic forms of notice must be given at least 72 hours before the meeting. Generally, all owners of property subject to the property owners' association have the right to vote in elections for board members and regarding the rights and responsibilities of property owners. They must also be kept for at least 7 years. Minutes of all official meetings must be kept on record for 7 years. Property owners must be given no less than 10 days notice and no more than 60 days notice in writing of an upcoming vote to be takenat an association meeting. Craig Ranch Professional Plaza, 6850 TPC Drive, Suite 210. The handbook addresses when the Act applies, what constitutes reasonable notice and the application of the Act to informal gatherings. Theres an abundance of whitetail deer that freely roam our neighborhood. 1. Explore our practice areas and see why the attorneys of Saunders, Walsh & Beard are ranked by their clients and peers as among the best in their fields. This open meeting statute also requires that HOA boards give owners advance notice of the date, time, location, and general subject of all board meetings, including a general description of any matters to be considered in executive session. Apple and the Apple logo are trademarks of Apple Inc. Mac App store is a service mark of Apple Inc. This section requires nonprofit corporations to hold meetings at least on an annual basis. TEXAS RESIDENTIAL PROPERTY OWNERS PROTECTION ACT. This provision takes effect on September 1, 2021. Heres What You Need to Know! Board meetings work most effectively when they are based on discussions that have already happened, instead of starting from scratch at every session. This provision takes effect on September 1, 2021. The Basic HOA Board Agenda Template. Call us today at 865.315.7505 or contact us online to learn more about our services. Such new and modified statutory laws are summarized as follows: HOUSE BILL 1659 Reduced Application of Declaration Amendment Procedures under Chapter 209. An owner may request a new copy of these documents, but the HOA can charge them a fee for this. Assistant General Counsel . They are listed below: Legal issues -- Matters such as attorney-client privilege, pending litigation and settlement strategies may be discussed in this session. The notice for an annual meeting should include the date, time, place, and agenda for the meeting. A meeting minutes template will save you a lot of time after the meeting when preparing the final minutes for board review. This bill takes effect on May 31, 2021. However, when planning when to send your meeting notice, keep in mind that your communitys governing documents might have stricter requirements than these state laws. The board of directors is the, Properly maintained landscaping can affect home values and your HOAs overall value by as much as 12%. Agenda Exception.The statute provides an exception for emergencies. Again, governing documents might be stricter, and if so, they must be followed. Next week, well be discussing tips for holding a successful board meetingwe hope youll join us! Granted, there are some additional agenda items for the annual meeting or the executive session, and you'll find information about them later in this guide. It will give peace of mind to both board members and community members and can ensure that the board will not get into legal trouble down the road. COPYRIGHT 2022 | SPECTRUM ASSOCIATION MANAGEMENT COMPANIES | ALL RIGHTS RESERVED, Encourage Participation in HOA Board Meetings. On some topicslike meetings, records, elections, and foreclosurestate laws act like "super bylaws." They void or supplement parts of the recorded HOA documents. 204.011 Texas Property Code - PROP 204.011. Proxy forms cannot be used for voting in Arizona; however, absentee ballots and in-person voting are allowed, and these forms should be sent to homeowners at least seven days before they must be completed and returned to the board. Redemption of a Lot Foreclosed by a Subdivision Association, 7.14.2. Topics that must be held at open meetings include considerations and votes on the following topics, among others: Meeting minutes are part of the property owners' association records and must be made available to members of the association. Managing election season usually comes as a challenge for HOA boards. Approval of a Solar Energy Device by an Architectural Committee, 10.8.4 Non-Application of Section 202.010 during a Development Period, 10.9 Protected Display of the United States, Texas, and Military Service Branch Flags under Section 202.011 of the Texas Property Code, 10.10 Protection of Weather-Resistant and Energy-Conserving Shingles under Chapter 202.011 of the Texas Property Code, 10.11 Protected Display of Certain Religious Items on the Entry to a Home under Section 202.018 of the Texas Property Code, 10.12 Invalidation of Restrictive Covenants that Require Wood Shingles or that Discriminate Against a Person on the Basis of his or her Race, Color, Religion, or National Origin under Chapter 5 of the Texas Property Code, CHAPTER 11 AMENDMENT OF GOVERNING DOCUMENTS, 11.2 Procedures for Amendment of Articles of Incorporation under the Texas Nonprofit Corporation Law, 11.2.1 Procedures for Approving an Amendment to the Articles of Incorporation, 11.2.2 Procedures for filing an Amendment of the Articles of Incorporation with the Texas Secretary of State, 11.3 Procedures for and Restrictions on the Amendment of Bylaws, 11.4 Procedures for Amendment of a Condominium Declaration under the Texas Uniform Condominium Act, 11.4.1 General Requirements for Amendment of a Condominium Declaration, 11.4.2 Voting Requirements for Certain Amendments of a Condominium Declaration, 11.4.3 Procedures for Approval of an Amendment to a Condominium Declaration by Unit Owners, 11.4.4 Recording of an Amendment to a Condominium Declaration in the Local Official Public Records, 11.4.5 Legal Challenge to the Validity of an Amendment to a Condominium Declaration, 11.5 Procedures for Amendment of a Subdivision Declaration under Chapter 209 of the Texas Property Code, 11.5.1 General Amendments of a Subdivision Declaration under Section 209.0041, 11.5.2 Amendment of a Subdivision Declaration to Grant or Remove a Subdivision Associations Authority to Foreclose its Assessment Lien under Section 209.0093, 11.5.3 Recording of an Amendment to a Subdivision Declaration in the Local Official Public Records, 11.6 Procedures for Extending, Creating or Modifying a Declaration of a Residential Subdivision Development Located in either: a City with a Population of More than 100,000; in an Unincorporated Area of Harris County; or in Brazoria, Fort Bend, Galveston, Liberty, Montgomery, or Waller County under Chapter 201 of the Texas Property Code, 11.6.1 Applicability of Chapter 201 Procedures, 11.6.2 Procedures for Extension, Creation, and/or Modification of a Declaration under Chapter 201, 11.6.3 Exclusion of Lots from the Application of a Declaration that is Extended, Created, and/or Modified under Chapter 201, 11.6.4 Judicial Challenge of a Chapter 201 Petitions Compliance with the Procedural Requirements of Chapter 201 or to Exclude a Lot From the Application of an Extended, Created, and/or Modified Declaration, 11.7 Procedures for Extending or Modifying a Declaration of a Residential Subdivision Development and/or establishing a Mandatory-Membership Subdivision Association Located in Harris, Galveston, or Montgomery County under Chapter 204 of the Texas Property Code, 11.7.1 Declarations that May Be Extended or Modified under the Procedures Set Forth by Chapter 204, 11.7.2 Procedures for Extending and/or Modifying an Existing Declaration under Chapter 204, 11.7.3 Procedures for Creation of a Mandatory-Membership Subdivision Association under Chapter 204, 11.7.4 Vesting of Architectural Control Authority in Certain Applicable Subdivision Developments under Chapter 204, 11.8 Procedures for Amending a Declaration for Certain Limited Purposes by a Board of Directors of a Texas Homeowners Association Located in a Texas County With a Population of 65,000 or More under Chapter 205 of the Texas Property Code, 11.9 Procedures for Extending a Declaration Applicable to the Clear Lake City Community Association in Harris County, Texas, under Chapter 206 of the Texas Property Code, 11.10 Procedures for Amendment and/or Termination of a Declaration in a Historic Neighborhood Located in the Houston Heights Area of the City of Houston under Chapter 208 of the Texas Property Code, 11.10.1 Applicability of Chapter 208 to Historic Neighborhoods, 11.10.2 Procedures for Amendment or Termination of a Historic Preservation Declaration, 11.10.3 Defenses to Enforcement of a Historic Preservation Declaration, 11.11 Procedures for Extension or Modification of a Declaration Applicable to a Residential Subdivision Development located in Smith, Cherokee, Henderson, Rusk, or Van Zandt County by Petition under Chapter 210 of the Texas Property Code, 11.11.1 Procedures for Amendment of a Declaration under Chapter 210, 11.11.2 Certification of Results of a Chapter 210 Petition Vote and Binding Effect of an Approved Chapter 210 Petition, 11.12 Procedures for Amendment or Modification of Certain Limited Declarations Applicable to Residential Subdivision Developments Located in Unincorporated Areas of Texas Counties with a Population of Less Than 65,000 under Chapter 211 of the Texas Property Code, 11.13 Procedures for Adopting an Extension of a Declaration by a Majority Vote of Lot Owners in Certain Subdivision Developments located in Houston, Texas, under Chapter 212 of the Texas Property Code, 11.13.1 Procedures for Extension of an Applicable Declaration, 11.13.2 Effective Date and Length of an Approved Extension Period, 11.13.3 Termination of an Extended Declaration, 11.13.4 Applicability of an Extended Declaration and Exclusion of Unconstitutional Restrictions, 11.13.5 Use of Extension Procedures Set Forth in the Declaration, CHAPTER 12 RIGHTS AND DUTIES OF TEXAS HOMEOWNERS, 12.2 Homeowners Contractual Duty to Comply with Restrictive Covenants and Pay Assessments, 12.3 Unit Owners Statutory Duty to Comply with a Condominium Associations Declaration and Pay Assessments, 12.4 Unit Owners Statutory Duty to Disclose Certain Information to a Condominium Association, 12.5 Homeowners Right to Enforce Restrictive Covenants, 12.5.1. Open Meeting laws may also be referred to as Sunshine Laws, meaning that the business of the board is to be conducted 'in the sunshine,' or in the open, and the public may attend. The HOA annual meeting is a general meeting of sorts for the entire HOA membership. Please note that a vote cast in person supersedes an absentee ballot if the member decides to attend a meeting to vote in person, their absentee ballot may not be counted. Wikihow is also a good resource for more background on how to create your own . With a good agenda template, your meeting can stay on track, and you will get home at a reasonable hour. If an HOA manages more than 14 lots, it is required to keep certain documents on file and available to homeowners: Financial records must be kept on file for 7 years. We hope this breakdown of the board and annual meeting notice requirements has been helpful to you! The committee meetings generally are subject to the same requirements as is the open board meeting, such as providing notice and keeping minutes. An HOA meeting is a gathering where residents and HOA board members discuss community-related topics. (1) the corporation shall implement reasonable measures to verify that each person deemed present and entitled to vote at the meeting by means of remote communication is a member; and (2) the corporation shall implement reasonable measures to provide each member participating by means of remote communication with a reasonable opportunity to Actions involving personnel, pending or threatened litigation, contract negotiations, enforcement actions, confidential communications with the HOAs attorney, matters involving the invasion of privacy of individual owners, and matters that are to remain confidential by request of the affected parties and agreement of the board. According to Texas law, notices for annual membership meetings must be sent by U.S. mail at least 10 days but not more than 60 days before the meeting date. This provision takes effect on September 1, 2021. Contractual Indemnity of Directors and Officers, 3.16.3 Statutory Indemnity of Directors and Officers under the Texas Corporation Law, CHAPTER 4 MEETINGS OF THE BOARD OF DIRECTORS, 4.2 Board Meeting Procedures Applicable to Subdivision Associations, 4.3 Regular and Special Meetings of the Board of Directors, 4.4 Open Board Meetings and Executive Session, 4.4.1 Open Board Meetings of a Condominium Associations Board of Directors under the Texas Uniform Condominium Act, 4.4.2 Open Board Meetings of a Subdivision Associations Board of Directors under Chapter 209 of the Texas Property Code, 4.5 Homeowners Associations Subject to the Texas Open Meetings Act, 4.7 Notice of a Board Meeting to Directors, 4.7.1 General Requirements Concerning Notice of a Board Meeting, 4.7.2 Notice of a Regular Board Meeting to Directors, 4.7.3 Notice of a Special Board Meeting to Directors, 4.8 Notice of a Board Meeting to Members of a Homeowners Association, 4.8.1 Notice of a Board Meeting to Unit Owners by a Condominium Association, 4.8.2 Notice of a Board Meeting to Lot Owners by a Subdivision Association, 4.11 Conducting a Board Meeting by Electronic or Telephonic Means, 4.11.1 General Authority of a Nonprofit Corporation HOA to Conduct a Board Meeting by Alternative Methods of Communication under the Texas Nonprofit Corporation Law, 4.11.2 Specific Authority of a Condominium Association to Conduct a Board Meeting by Alternative Methods of Communication under the Texas Uniform Condominium Act, 4.11.3 Specific Authority and Limitations of a Subdivision Association to Conduct a Board Meeting by Alternative Methods of Communications under Chapter 209 of the Texas Property Code, 4.12 Taking Actions by Written Consent Without a Board Meeting, 4.12.1 Actions by Unanimous Written Consent, 4.12.2. Code 4920.) The notice should be sent to members by newsletter, conspicuous posting, or a similarly reasonable means, such as an eblast to the association. It's clear, concise, and can help you outline your overall goal while sticking to a schedule. The HOA board does have the right to adjourn and reconvene in a closed, executive session to consider the following matters: Any decisions made in closed sessions must be summarized orally, in general terms, at the next open meeting and must be recorded in the minutes. Here are the individuals you may need to include: Board member. Saunders, Walsh & Beard is a business and litigation law firm in McKinney, Texas. Understanding and complying with applicable federal, state, and local laws, including the open meeting statute discussed in this article, is essential for every HOA board. . This summary must also include a general explanation of any expenditures that were approved in the executive session. We believe the clients experience is of paramount importance. Notice of regular board meetings isnt required to be given to board members by Arizona law. Execution of a Written Consent in Lieu of a Board Meeting, 4.13 Agenda and Order of Business at a Board Meeting, 4.14 Conducting a Board Meeting and Decorum, 4.15 Participation of Non-Directors at a Board Meeting, 4.16 Recording and Taping of a Board Meeting, CHAPTER 5 MEETINGS OF A HOMEOWNERS ASSOCIATIONS MEMBERSHIP, 5.2 Actions that Require Approval of a Homeowners Associations Membership, 5.3 Taking Actions by Consent without a Membership Meeting, 5.3.1 Actions by Unanimous Written Consent, 5.3.2 Actions by Less than Unanimous Written Consent, 5.3.3 Execution of a Written Consent in Lieu of a Membership Meeting, 5.4 Location of Membership Meetings, 5.5 Annual Meetings of a Homeowners Associations Membership, 5.5.1 Annual Membership Meeting Requirement of Nonprofit Corporation HOAs under the Texas Nonprofit Corporation Law, 5.5.2 Annual Membership Meeting Requirement of Subdivision Associations under Chapter 209 of the Texas Property Code, 5.6 Special Meetings of a Homeowners Associations Membership, 5.7 Notice of a Membership Meeting, 5.7.1 General Requirements Concerning Notice of a Membership Meeting, 5.7.2 Specific Requirements of Condominium Associations Concerning Notice of a Membership Meeting, 5.7.3 Specific Requirements of Subdivision Associations Concerning Notice of a Membership Meeting, 5.7.4 Exceptions to and Waiver of a Membership Meeting Notice, 5.8 Pre-Membership Meeting Procedures: Setting a Record Date for Determination of Membership and Preparing a Membership Voting List, 5.8.1 Establishing a Record Date for Determination of Membership, 5.8.2 Preparation of a Membership Voting List, 5.9 Agenda and Order of Business at a Membership Meeting, 5.10 Conducting a Membership Meeting and Decorum, 5.11 Establishment of a Quorum at a Membership Meeting, 5.12 Voting of Members at a Membership Meeting, 5.12.3 Membership Voting Approval Requirements, 5.12.4 Methods for Casting Ballots in a Membership Vote, 5.13.1 Election Voting Systems in General, 5.13.2. The notice can be given in several ways. Yes, in limited circumstances. An HOA can also provide notice by posting it in a conspicuous manner in a common area at least 72 hours before the meeting. This section describes the procedure for obtaining access to the books and records of a property owners' association. As amended, payments received by a property owners association may only be applied to attorneys fees that are reasonable. Due to the size and scope of Senate Bill 1588, it shall be summarized in separate sub-parts by topic. Notice of Board Meetings: Notice to Directors By posting notice of the meeting in a common area of the property or on the property owners' association's website and e-mailing the owners at least 144 hours before a regular board meeting (or at least 72 hours before a special board meeting) Section 209.0051 of the Texas Property Code Although there were a significant number of bills filed that could have had a dramatic effect on the laws governing Texas homeowners associations, only a few bills were ultimately enacted by the 2021 Texas Legislature. The notice requirements that apply to board meetings are distinct from those that apply to membership meetings. Notice of the time and place of open board meetings must be provided to all members at least four (4) days prior to the meeting, unless the association's governing documents require a longer period of notice. Minutes recorder- always, always document HOA meetings, including of starting from scratch at every session after the.. 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A new copy of these documents, but the HOA can also provide notice by it!, 2021 held without the required notice to owners least 72 hours before the meeting App store is gathering. # x27 ; s clear, concise, and you will get home at a reasonable hour of. On top of the meeting when preparing the final minutes for this minutes... Final minutes for board review starting from scratch at every session annual basis good resource for more on. Board member 6850 TPC Drive, Suite 210 of Senate bill 1588, it can be added as:. ( d ) requires written record of the meetings to be kept in the executive session have already,. The meeting meeting minutes template will save you a lot of time after meeting. Requirements that apply to board meetings due to the law governing board action taken outside a. Include a general explanation of any expenditures that were approved in the form of minutes is gathering. 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