budget vote outside of open meeting

Hello,

Texas Trista again . HOA run under TPC 209. This post is about TPC 209.0051.

Our budget meeting is supposed to be tomorrow.

Just got this e-mail from our PM:

"BOD,

Please find attached packet for tomorrow’s meeting. This is the last opportunity to approve the budget so if the board does not want the 9% increase please advise so we can have a budget ready for approval tomorrow."

So I replied "I thought we were not to vote on budget stuff outside of an open meeting?"

PM response: "It should be under old business on page 10-11 of the attached."

I had asked our association attorney last week about the budget meeting and his response below.

"Good morning,

No, the Association’s board cannot meet to determine a budget outside an open board meeting. The Association’s board cannot consider or vote on increasing assessments, and cannot consider or vote on approving or amending an annual budget, except in an open and properly-noticed board meeting."

So I am confused why our PM is asking about approval before the meeting? What am I getting wrong? The way I read it, we're not allowed to discuss the budget outside of an open meeting.

TPC 209.0051 says to me that the vote for approval must occur at an open board meeting. If this vote will in fact take place at an open board meeting, then I would drop this.

To help assuage your concerns: Recognize that a board majority could still choose not to approve the budget at the open board meeting. This of course is as it should be.

Recognize that getting together the numbers for the budget is not a small chore.

So far from the facts presented, I would cut the MC (management company) some slack here.

I am more curious about whether the board's policy is to let an individual director contact the HOA attorney any time a director feels like it. You want the board to follow the rules. Are you? Just checking in on the point.