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What do the bylaws state about notice of meetings and did they follow the bylaws procedure? Executive session is not legal for deciding an assessment in Texas. Texas Code(###) ###-####states in pertinent part:
"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."
They cannot go and pass an assessment in closed executive session, it must be in an open meeting.
If they did not follow the bylaws or the open meeting laws, the owners can file a petition for declaratory judgment in the court and get the court to invalidate the assessment and any improper actions taken in the closed session. The law also says they cannot pass any special assessment except at an open meeting with minimum 72 hour notice. So the actions of the board in closed session were improper.
So, the owner's next step is to obtain an attorney, because this action requires legal representation, and file suit against the board/association in court to have the assessment invalidated as it was not properly passed. The owners can also seek damages
personally from each of the board members for the cost of going to court to invalidate their actions if the new board will not invalidate the action in a board meeting for that purpose.