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MaddyS (Texas)
Posts: 28
Posted:
So we had our first virtual board meeting through GoTo. Afterwards, I learned the management company did not include the log in instructions in the meeting notice sent to homeowners. The board received a prelim email that would be sent as the notice that DID include the instructions. So a different one was sent out as the official notice.

Doesn’t this lack of complete info on how to participate in an open meeting breach TX 209 in required notice?

ND (PA)
Posts: 792
Posted:
Maybe . . . now what?

Bring it to the attention of Management. Ask what happened. Ensure it doesn't happen next time.

I assume Board Members would have received the same notice that went out to membership as they too are members. It could have been discovered at that point and corrected.

Did any homeowners speak up ahead of time and bring attention to fact that there was no instructions to connect?

Did anything significant occur that would be objectionable by membership? If so, decide what to do. Does that decision need to be reconsidered? If so, agree to revisit at next meeting.

Set up another meeting if this one was improperly conducted.
BenA2 (Texas)
Posts: 1,273
Posted:
I think it clearly violates 209 if they didn't at least have the website and meeting id so owners could "attend." Considering that virtual meetings are new to a lot of us, I think it's forgivable if it was an honest mistake.

If the decisions made were of a routine nature, I would acknowledge the mistake at the next meeting for the minutes. If any significant decisions were made, I would reconsider and have another vote at the next open meeting.

If it were ever challenged, I don't think any judge were rule against the board if it was an honest mistake, and major decisions weren't made.

BillH10 (Texas)
Posts: 1,217
Posted:
Maddy, I agree with the other posts. This could have been a simple clerical error on the part of the management company.

If you have not had previous issues with open meetings and notifications, I recommend suggesting to the Board or MC an email be sent to the owners apologizing for the mix-up, state it will not happen again, and, as suggested, make some kind of note of what occurred in the minutes of the meeting as a footnote or as an agenda item for the next meeting.

If there have been previous issues, it may be appropriate to take a different course of action.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Maddy,

With the other responders.

Simple mistake, probably.

BUT, as noted, if you received a Board member notice of what was going to be sent by the MC, but didnt get it yourself as a property owner, wouldn't you notice that?
MarshallT (New York)
Posts: 414
Posted:
This could be an honest mistake. I think everyone will be a little more understanding right now. Perhaps the board can talk with the company to find out what went wrong, and find a way to ensure this mistake does not happen again.
MaddyS (Texas)
Posts: 28
Posted:
I don't have any doubt this was an honest oversight. I don't think there was any ill intent involved - more of a lack of attention to detail.

We have had various ongoing issues with our management company. They are not the worst by far, but there is much room for improvement.

For the most part, the community members have been understanding (thus far). My main concern was the lack of proper legal notice of an open meeting to legally comply.

The resolution we reached for this situation is to offer an apology to community, re-ratify decisions during the meeting, note the minutes, and additional review procedures within the Board for any communications going to the community (yes, this should have been in place before, but we got a little too comfortable).

Thank you all for the suggestions. As you can see, many of them were implemented in our solution.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Quote:
Posted By MaddyS on 04/23/2020 5:58 AM
So we had our first virtual board meeting through GoTo. Afterwards, I learned the management company did not include the log in instructions in the meeting notice sent to homeowners. The board received a prelim email that would be sent as the notice that DID include the instructions. So a different one was sent out as the official notice.

Doesn’t this lack of complete info on how to participate in an open meeting breach TX 209 in required notice?


Treat it as an honest mistake and make the correction for the next meeting.

Zoom meetings should never replace in-person meetings so everything is working from a compromised position.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Maddy,

Looking for some clarification - you note the Board received notice of what was going to be in the notice to the community. Are you, as a member of the community supposed to get this email notice? If so, and you didn't, did you or the other Board members note it had not gone out?

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