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Ely
Ely, Counselor at Law
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My HOA just had an election, and while our by-laws state that

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My HOA just had an election, and while our by-laws state that the first meeting of a new board does not require notice to the newly elected members, does the same hold true for notice to the homeowners of a board meeting? The current treasurer says that no notice is required, but I don't see the difference between this board meeting and any other board meetings.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

In Texas, HOA matters are codified under Tex. Prop. Code Chapter 209 - here.

Under Sec.(NNN) NNN-NNNNe):

Members shall be given notice of the date, hour, place, and general subject of a regular or special board meeting, including a general description of any matter to be brought up for deliberation in executive session. The notice shall be:
(1) mailed to each property owner not later than the 10th day or earlier than the 60th day before the date of the meeting; or
(2) provided at least 72 hours before the start of the meeting by:
(A) posting the notice in a conspicuous manner reasonably designed to provide notice to property owners' association members:
(i) in a place located on the association's common property or, with the property owner's consent, on other conspicuously located privately owned property within the subdivision; or
(ii) on any Internet website maintained by the association or other Internet media; and
(B) sending the notice by e-mail to each owner who has registered an e-mail address with the association.


Considering that the newly elected members are MEMBERS OF THE HOA regardless of their role, ALL members in the Association should be given notice per the rules above. In sum, notice is required. There is no difference between this board meeting and other board meetings. The law is clear - notification should be given.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86599
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Customer: replied 1 year ago.


Are the rules the same since this is a condo association?

Expert:  Ely replied 1 year ago.
Frank,

No, they are slightly different. You stated "HOA" so I assumed you mean a standard HOA. Condominiums are governed by Chapter 82 - UNIFORM CONDOMINIUM ACT - here.

However, the answer is the SAME because exactly the same statute is in Chapter 82 - Sec.(NNN) NNN-NNNN The very same thing applies.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86599
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Customer: replied 1 year ago.


I'm sorry but I can't find(NNN) NNN-NNNNin chapter 82...can you point it out for me?

Expert:  Ely replied 1 year ago.
Sure, please see here:

Sec.(NNN) NNN-NNNN OPEN BOARD MEETINGS. (a) This section does not apply to a property owners' association that is subject to Chapter 551, Government Code, by application of Section(NNN) NNN-NNNN Government Code.
(b) In this section:
(1) "Board meeting":
(A) means a deliberation between a quorum of the voting board of the property owners' association, or between a quorum of the voting board and another person, during which property owners' association business is considered and the board takes formal action; and
(B) does not include the gathering of a quorum of the board at a social function unrelated to the business of the association or the attendance by a quorum of the board at a regional, state, or national convention, ceremonial event, or press conference, if formal action is not taken and any discussion of association business is incidental to the social function, convention, ceremonial event, or press conference.
(2) "Development period" means a period stated in a declaration during which a declarant reserves:
(A) a right to facilitate the development, construction, and marketing of the subdivision; and
(B) a right to direct the size, shape, and composition of the subdivision.
(c) Regular and special board meetings must be open to owners, subject to the right of the board to adjourn a board meeting and reconvene in closed executive session to consider actions involving personnel, pending or threatened litigation, contract negotiations, enforcement actions, confidential communications with the property owners' association's attorney, matters involving the invasion of privacy of individual owners, or matters that are to remain confidential by request of the affected parties and agreement of the board. Following an executive session, any decision made in the executive session must be summarized orally and placed in the minutes, in general terms, without breaching the privacy of individual owners, violating any privilege, or disclosing information that was to remain confidential at the request of the affected parties. The oral summary must include a general explanation of expenditures approved in executive session.
(c-1) Except for a meeting held by electronic or telephonic means under Subsection (h), a board meeting must be held in a county in which all or part of the property in the subdivision is located or in a county adjacent to that county.
(d) The board shall keep a record of each regular or special board meeting in the form of written minutes of the meeting. The board shall make meeting records, including approved minutes, available to a member for inspection and copying on the member's written request to the property owners' association's managing agent at the address appearing on the most recently filed management certificate or, if there is not a managing agent, to the board.
(e) Members shall be given notice of the date, hour, place, and general subject of a regular or special board meeting, including a general description of any matter to be brought up for deliberation in executive session. The notice shall be:
(1) mailed to each property owner not later than the 10th day or earlier than the 60th day before the date of the meeting; or
(2) provided at least 72 hours before the start of the meeting by:
(A) posting the notice in a conspicuous manner reasonably designed to provide notice to property owners' association members:
(i) in a place located on the association's common property or, with the property owner's consent, on other conspicuously located privately owned property within the subdivision; or
(ii) on any Internet website maintained by the association or other Internet media; and
(B) sending the notice by e-mail to each owner who has registered an e-mail address with the association.


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Ely, Counselor at Law
Category: Legal
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Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Customer: replied 1 year ago.


I'm sorry to keep being a pest, but I still don't see a section 209 in chapter 82...does it reference something else?

Expert:  Ely replied 1 year ago.
You are not "being a best" - do not worry!

Copy and paste the following into your browser in a new window:

http://www.statutes.legis.state.tx.us/SOTWDocs/PR/htm/PR.209.htm

Or simply click here.

Then scroll down until you see "Sec. 209.0051. OPEN BOARD MEETINGS." It is about one-fourth down the page.

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Customer: replied 1 year ago.


Thanks! And if the bylaws are silent on owner notifications, does this still apply to condo associations?

Expert:  Ely replied 1 year ago.
Friend,

Indeed - this matter stays true even if the bylaws are silent. The Code applies to all condo associations and cannot be "waived" by lack of bylaws, or bylaws attempting to waive this.

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Customer: replied 1 year ago.

Ok...last time I hope...


 


Sec. 209.003. APPLICABILITY OF CHAPTER.



(d) This chapter does not apply to a condominium development governed by Chapter 82.



Does this mean the notice requirements don't exist??

Expert:  Ely replied 1 year ago.
My friend,

Please, forgive the confusion. I had linked you to the WRONG link the second time, and we simply went into a confused discussion from there. Please, allow me to settle this once and for all:

1) If this is a condominium association, then it is governed by the Uniform Condominium Act which is Chaptrer 82 of the Tex. Prop. Code - here.

2) Under this, under Sec. 82.108(d) and (e), it states:

(d) Notice of a meeting of the association must be given as provided by the bylaws, or, if the bylaws do not provide for notice, notice must be given to each unit owner in the same manner in which notice is given to members of a nonprofit corporation under Section A, Article 2.11, Texas Non-Profit Corporation Act (Article 1396-2.11, Vernon's Texas Civil Statutes).
(e) Notice of a meeting of the board must be given as provided by the bylaws, or, if the bylaws do not provide for notice, notice must be given to each board member in the same manner in which notice is given to members of the board of a nonprofit corporation under Section B, Article 2.19, Texas Non-Profit Corporation Act (Article 1396-2.19, Vernon's Texas Civil Statutes).


Which means in summary:

"Sec. 22.156. NOTICE OF MEETING. (a) A corporation other than a church shall provide written notice of the place, date, and time of a meeting of the members of the corporation and, if the meeting is a special meeting, the purpose or purposes for which the meeting is called. The notice shall be delivered to each member entitled to vote at the meeting not later than the 10th day and not earlier than the 60th day before the date of the meeting. Notice may be delivered personally, [mailed, faxed, or emailed.]"

My apologies for the confusion.
Customer: replied 1 year ago.


Ok, so last time for real, hopefully. Are the boards of a condo association required to give notice to owners of board meetings, and if so, how much notice?

Expert:  Ely replied 1 year ago.
Are the boards of a condo association required to give notice to owners of board meetings, and if so, how much notice?

Yes, and at minimum 10 days notice for each member who can vote, with notice being delivered by mail, fax, or email.
Customer: replied 1 year ago.


But what about notice that a board meeting is going to occur to non board member owners?

Expert:  Ely replied 1 year ago.
Same thing. ANY member of the association, even if not a board member, has this right.

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