Texas Special Members Meeting Requirements

I would say yes. You need a reason to call a Special Meeting and you failed to state that in your petition for people to sign. .

Start over. Be specific as to why you are meeting.

Fair enough. So shall it be done.

Thanks!

Jared

Some questions and advice:

What's going on that a Special Meeting has to be called, usually there is an adversarial situation taking place. Are you on the Board, is this meeting taking place at the direction of the Board? If so, why is the Board not just calling the meeting which they are empowered to do?

If the Board is not calling this Special Meeting, are you certain the PM will work with you? Typically, if this Special Meeting requires PM time outside the terms and conditions of the contract, the management company will bill the Association for the time and materials required. Has the Board approved this?

Before you set the date, time, and location for the meeting make certain you look at the paragraph entitled Notice of Meetings in your Bylaws. It will describe a 'notice window' which has to be adhered to.

Do your Bylaws allow the 25% to call the meeting or can the 25% petition the Board to call a Special Meeting of the Association. If the latter, the Board will be responsible for the process of calling the meeting and the 25% will not have to go through the administrative process and expense of calling the meeting. Regardless, read on--

If you will be voting on something, I recommend you review Section 209 of the Texas Property Code. I did not conduct an exhaustive search but pay close attention to paragraphs 209.0056, 209.0058, and 209.00592. What this boils down to is, again, if something will be voted on, the notice package to the owners will have to include documents for absentee ballots, proxies, and, if offered, electronic voting, in addition to the agenda and a document describing the reason for calling the meeting.

If you are recalling one or more directors, you should have replacement candidates lined up and on a ballot.

Your Bylaws probably have an example of an agenda to be used for the Annual Meeting, just use that as a template and modify as necessary. For example, you probably will not have Old Business.

You should determine if an Owner's Forum must be provided.

Also, pay close attention to the quorum requirements.

You mentioned you will work with the PM on the processes, he or she should be familiar with the foregoing.

Good luck

Jared, you seem to have everything covered. Please let us know how this works out.

John, we don't have the number of votes necessary to remove her yet so attempting to have a special meeting to accomplish that task, at this point in time, would be the waste of time.

The purpose of this meeting is to inform homeowners what this lunatic is doing. The hope is that if it comes out of the mouth of our attorney and property management company our words will hold more weight with them. As a direct result of her actions our HOA has lost 15% of the last 12 months worth of income and as a result we don't have the funds to perform basic maintenance. She blames it on the other board member and lies by omission by not mentioning the last three (3) years of audits that found no such thing! Worse yet she wants to absolve the debt owed by several homeowners who vote for her! I'm not talking about a few dollars of debt here... think $45,000. No joke. The entire story is actually more bizarre and surreal than you could imagine.

Furthermore her actions have one homeowner suing her personally as well as the HOA. For my part I am already suing HOA for yet something else that this fruitcake promised to fix more than six (6) months ago. Wasted legal fees over something the HOA will be forced to remedy in the end.

I am unclear that logic and reason will appeal to my neighbors but I have to try. At the very least I'm hoping they will pressure her into doing the right thing but I'm also not holding my breath. At least I will be able to sleep at night knowing I tried, again, the help the community.

Sound advice.

Topics such as discipline or accusations against a board member belong in Executive Session. Thats step 1.

Was that done?

Then it goes to a regular meeting where a motion to remove the officer status takes place.

Was that done?

Then a special meeting of the members can be called to remove the directorship/ board member status of this individual.
If you can’t meet the petition threshold from the members that mandates the board to call a special meeting, then drop it.