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ConchoP (Texas)
Posts: 208
Posted:
In Texas you are allowed to cast electronic votes. TPC 209 state that a notice of the election or vote must be given to property owners no later than the 20th day before the latest date on which a ballot may be submitted to the Subdivision Association to be counted.

We are trying to save money and mail one time with our dates set in accordance to the 10 day notice.

IF our election is on July 1, and you state that if a quorum is not present,a reconvene meeting will be on July 11th, and if a quorum is not present at the reconvene meeting a second reconvene will be held July 22nd. Couldn't one time notice be sent on June 1 and still meet our late date on which a ballot is submitted or should it go out June 20th?
RichardP13 (California)
Posts: 3,868
Posted:
First, we don't have access to your Bylaws. Generally, members present at the meeting determine whether or not a meeting should be adjourn to a later date. Your Bylaws would also state whether of not quorum would be reduced. It is not the Board would decides whether the meeting is adjourned, but the Members present, as this is a Member, not Board meeting.
ConchoP (Texas)
Posts: 208
Posted:
I understand you don't have access to our bylaws, however, I'm just looking for interpretation.

We have not board, and no money... to long of a story.... so sending out one mailing, with all the different dates seems to be a good solution, each date still meets TCP 10 requirement and TCP doesn't say anything about homeowners have to notified by mail for each individual reconvene.

The bylaw don't address anything on ballots except who can turn in proxy ballot.

We have to majority to get the first quorum and then it goes to 35%, then a board makes a quorum, which we don't have, so in the end it ends up being a vote among who come to the last meeting.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Concho ... Is this the section you are referencing???

Sec. 209.0056. NOTICE OF ELECTION OR ASSOCIATION VOTE. (a) For an election or vote taken at a meeting of the owners, not later than the 10th day or earlier than the 60th day before the date of the election or vote, a property owners' association shall give written notice of the election or vote to:
(1) each owner of property in the property owners' association, for purposes of an association-wide election or vote; or
(2) each owner of property in the property owners' association entitled under the dedicatory instruments to vote in a particular representative election, for purposes of a vote that involves election of representatives of the association who are vested under the dedicatory instruments of the property owners' association with the authority to elect or appoint board members of the property owners' association.
(a-1) For an election or vote of owners not taken at a meeting, the property owners' association shall give notice of the election or vote to all owners entitled to vote on any matter under consideration. The notice shall be given not later than the 20th day before the latest date on which a ballot may be submitted to be counted.
(b) This section supersedes any contrary requirement in a dedicatory instrument.
(c) This section does not apply to a property owners' association that is subject to Chapter 552, Government Code, by application of Section 552.0036, Government Code.

In your Original Post when you reference 20th day that is only referenced above in (a-1) for election not taken at a meeting.

Please clarify if you are wanting to have elections held at a meeting or mailed ballots to be returned without any meeting. The way I am reading you would have a choice because (2)(b) states that this section of law supersedes documents.

ConchoP (Texas)
Posts: 208
Posted:
Janet,

Our section about elections in our bylaws do not address a method of voting as in: in person meeting, absentee or proxy. Only that election of a board is done at the annual meeting. -Because we have no board, we are electing a board out side of the annual meeting.

That being said the only item we do have address state only: Proxies. Voting Members may vote by written proxy.

We are wanting to have elections held by electronic/absentee vote. and as you stated this section in TPC supersedes any contrary requirement in dedicatory instrument. So we are not required to do proxies.

We would meet to count electronic/absentee votes to determine if a quorum was met. IF a qourum is not met,how can we pre-date reconvene in our letter to meet the required quorum?

JanetB2 (Colorado)
Posts: 4,219
Posted:
Concho ... How many positions do you have vs how many running for office?

Potentially the easiest if everyone is working together to straighten out your HOA stuff would be to utilize the following::

(c) In a property owners' association election, written and signed ballots are not required for uncontested races.

Work together and ahead of the annual meeting if you have three BOD positions and only three people would like to volunteer. As long as you do not have more people seeking positions than what is available, it would be uncontested election and no voting required. It would just need to be noted as such in the meeting minutes and move forward. If you have someone at the meeting last minute volunteering if one other steps down it would be same scenario of only three (as example). Unless someone reads following differently ...

Sec. 209.0058. BALLOTS.

Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 249 (S.B. 864), Sec. 1

(a) Except as provided by Subsection (d), any vote cast in an election or vote by a member of a property owners' association must be in writing and signed by the member.

Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 11

(a) Except as provided by Subsection (d), a vote cast by a member of a property owners' association must be in writing and signed by the member if the vote is cast:
(1) outside of a meeting;
(2) in an election to fill a position on the board;
(3) on a proposed adoption or amendment of a dedicatory instrument;
(4) on a proposed increase in the amount of a regular assessment or the proposed adoption of a special assessment; or
(5) on the proposed removal of a board member.
(a-1) If a property owners' association elects to use a ballot for a vote on a matter other than a matter described by Subsection (a), the ballot must be:
(1) in writing and signed by the member; or
(2) cast by secret ballot in accordance with Subsection (d).
(b) Electronic votes cast under Section 209.00592 constitute written and signed ballots.
(c) In a property owners' association election, written and signed ballots are not required for uncontested races.

Text of subsection as added by Acts 2015, 84th Leg., R.S., Ch. 249 (S.B. 864), Sec. 1

(d) A property owners' association may adopt rules to allow voting by secret ballot by members of the association. The association must take measures to reasonably ensure that:
(1) a member cannot cast more votes than the member is eligible to cast in an election or vote; and
(2) the association counts every vote cast by a member that is eligible to cast a vote.

Text of subsection as added by Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 11

(d) A property owners' association may adopt rules to allow voting by secret ballot by association members. The association must take measures to reasonably ensure that:
(1) a member cannot cast more votes than the member is eligible to cast in an election or vote;
(2) the association counts each vote cast by a member that the member is eligible to cast; and
(3) in any election for the board, each candidate may name one person to observe the counting of the ballots, provided that this does not entitle any observer to see the name of the person who cast any ballot, and that any disruptive observer may be removed.

Added by Acts 2011, 82nd Leg., R.S., Ch. 1026 (H.B. 2761), Sec. 3, eff. January 1, 2012.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 249 (S.B. 864), Sec. 1, eff. May 29, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168), Sec. 11, eff. September 1, 2015.

ConchoP (Texas)
Posts: 208
Posted:
having a uncontested vote would be wonderful, but we have to still send out letters 20 days before the election- if voting not in a meeting. And 30 days before a vote if we do have a meeting.
Nominations are due 5 days before the elections. So all we still have to send out letters.

ConchoP (Texas)
Posts: 208
Posted:
I was told by an lawyer...if a quorum is not met, can we keep the absentee ballot for the next quorum. I'm correct to assume that would still hold true for ballots done electronically?
JanetB2 (Colorado)
Posts: 4,219
Posted:
How many positions are you needing to fill?

If you send letters 20 days before if voting not in a meeting, but nominations are due 5 days before ... how are owners to know who is nominated???
ConchoP (Texas)
Posts: 208
Posted:
we have 5 positions.... yea our bylaws are extremely poorly written. In the letter that we send to homeowners it state when the nominees names will be posted on the website. Unfortunately paper ballot goes with out names on them.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Well ... Hopefully you have 5 or less nominees initially which would make quorum a moot point. Good luck!
ConchoP (Texas)
Posts: 208
Posted:
I know right that is what I'm hoping for.

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