not following the agenda

The agenda could have been amended, but that would have taken a vote. (Majority) to make that happen.

You could have made a Point of Order objecting to the motion, but that had to be done when the motion was made.

The motion can still be amended or recinded but it doesn’t sound like you have support from other board members to make that happen.

It sounds like you had a full board there, so the “notice” requirement could have been waived with a vote.

You voted no, the president and the one board member voted yes and the other three abstained, so it appears to me there's no majority to put the man on the board - you can and should note this at the next meeting (in front of everyone, but be professional about it - anger will only get you in trouble and you need to keep your head to deal with this).
It may be everyone on the board needs to speak up and say if they want this guy back, meaning the three who abstained will have no place to hide and will have to say what they think. All of you are adults and should be able to express concerns about the man's previous conduct and ask him what he will do to prevent ethics shortfalls and other mayhem should he return to the board. Then take the vote and see what happens.

How all this ends, I don't know, but you may want to ask your neighbors to attend and listen to the proceedings. If they feel as you, they may want to express their concerns during the resident forum and then the matter can be address during the business portion of the meeting. The homeowners will have to keep quiet during that time, but having to act in front of people may prompt the president to behave this time.

As for the discussion itself, this could have gone under new business, but depending on the issue, new business isn't subject to a vote at that time. Usually, some research is done and then the matter discussed at the next meeting where a motion can be made. However, HOA boards aren't required to operate under Robert's Rules of Order, so once you get past this, you may want to suggest setting some rules as to when items should be placed on the agenda for upcoming meetings and what will generally happen when new business is introduced.

Do your bylaws require that only items on the agenda can be voted on at a board meeting? Or does TX statutes? If so, the prez shouldn't have brought up the topic.

But you probably have no recourse and you don't seem to have the support of the board majority. But tell us the exact vote count, please. Are there 7 on your board?

Until you can get more support, you'll have to drop the president's behavior, as augustin advises.

Without knowing TX law or Laska's bylaws, which would supersede Robert's rules, Sue, we don't know if the board could have voted to amend the agenda.

In addition, if in the bylaws or state laws, the board cannot waive the notice requirement.

Finally, some bylaws give the appointee a full term and some allow them to serve only till the next election. the latter is not universal.

Depends on the definition of “ majority “ - Based on Number of members present and voting ? Or number of members?

johnc46... believe me ,, i dont get upset at everything.. it's just that lately every meeting it seems like the bylaws of our hoa are being manipulated and ignored to suit what the president wants,, .

It is a losing battle for sure.. The 4 board members who abstained ,, should have been courageous enought to actually vote no.. however,,, you know how ti goes.. noone wants to offend the president, and they want ot avoid at all costs voting in a way that opposes what he wants..
i'm so over this bs.. i really am,,

life is too short to continue to dedicate time and energy necessary to make sure things are done in accordance with our docuements.. I sometimes read other posts on these boards,,and It's so sad,, there are tons of stories that sound way worse than our situation.. but still ,theres so much dysfunction!
I realize that the large majority of posts on sites likes his will be concerning problems with hoa's..

Here's what i would like to know from some of you who have been on on hoa boards for many years..

have you ever been on a volunteer hoa board that was made up of mostly new board members and it was run effectively?? In particular,, an hoa board that was dealing with a lot of upcoming or exisitng mainteance issues.. ??

or is the very nature of having volunteers trying to make decisions for hundreds of people going to result in infighting and acrimony. ?

Different opinions plus politics leads to acrimony in groups.

Expected and must be overcome by everyone who understands the need for cooperation and collaboration.

HOA/Condo member apathy is often blamed for incompetent and corrupt boards. In the mid-term 2018 national elections, 53% of the voting-age eligible population voted (and not by proxy). If the voter turnout was similar at HOAs/condos, I think there would be fewer problems. Why isn't it similar? I think it's because people either feel lucky not to have to be an unpaid hoa/condo board member, or they are beaten down because of the lack of accountability.

This mean absolutely nothing. Look at how people vote in Presidential, Governorship, state and local elections. There is where you'll find your answer.

Yikes, AugustinD, I apologize.

I will be more cognizant of my punctuation and lack of proper sentence structure. I don't know where I picked up the terrible habit of not bothering with capital letters or proper punctuation. But, you are correct. It makes my posts hard to read. Point taken.

how was that? :-)

And, Laska, I have seen well-intentioned folks on boards working to try and make their neighborhood work per their governing docs and state law - fitting this labor between the various other parts of their lives. Have only been on four - pres on three, secretary and treasurer on two, helpful on all.

Further, I have heard and seen enough ankle biters to know they twist much into weird stories of intent - that simply aren’t true, but are destructive of getting anything done.

Augustin,

Florida has worked to tighten rules for HOA/POAs, and COAs over the last few years.

FS 720 requires Board members per this partial excerpt:

“ Chapter 720 HOMEOWNERS' ASSOCIATIONS

720.3033 Officers and directors.—
(1)(a) Within 90 days after being elected or appointed to the board, each director shall certify in writing to the secretary of the association that he or she has read the association’s declaration of covenants, articles of incorporation, bylaws, and current written rules and policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members. Within 90 days after being elected or appointed to the board, in lieu of such written certification, the newly elected or appointed director may submit a certificate of having satisfactorily completed the educational curriculum administered by a division-approved education provider within 1 year before or 90 days after the date of election or appointment.”

People without solutions and just complaints offer nothing but air....