election re-do

i would double check. almost all docs i've read state who elections are to be read and what is done without quorum. if not best to assume to run it just like first election procedures.

Trista

First of all typically when a Quorum cannot be reached no business (including an election) can be done and the existing BOD Members stay in place until the next Annual Meeting election. Some Bylaws allow for the Annual Meeting to be adjourned and a later date set (typically 30 days) to reconvene with a lesser Quorum needed. In many case 50% less. When this is done all election rules/procedures must be adhered to.

If a membership is properly adjourned, the only notice required is at the meeting.

To the OP, were there people to vote for at the first meeting?

Look it up under Corporation Code and also Roberts Rule of Order, as membership meetings are run under a set of parliamentary procedures.

we did not meet quorum. out of 84 units, we had I think 20 votes.

Right?! It's so backwards!

Texas statute BO 22 applies to your HOA and requires notice for any meeting of the owners. Your bylaws are clear that at a meeting where quorum is not met, the members present (even though not a quorum) may vote to "adjourn" (meaning effectively "postpone") the meeting

Please understand that "adjourned meeting" does not mean what many people think. The "adjourned meeting" is the meeting of the owners that happens after the first attempt to achieve quorum fails and those members present vote to adjourn (meaning "delay") the meeting. (Don't even try to explain what "adjourning" and "adjourned meeting" means to owners. You can google and confirm that an "adjourned meeting" is as I wrote. Just announce a new annual meeting because quorum was not met at the first attempt at an annual meeting. Give notice as your Bylaws and BO 22 require.

Your bylaws have this verbiage:

"Those members holding a majority of all the votes of the
members present in person or by proxy, may also adjourn any
annual or special meeting from time to time without notice,
other than by announcement at the meeting, until the
transaction of any and all business submitted or proposed to be
submitted to such meeting or any adjournment or adjournments
thereof shall hove been completed."

The "without notice" part does not mean the subsequent meeting should not be noticed. In other words, just because the bylaws say the meeting //may// be adjourned without notice does not mean notice is prohibited. Notice is not prohibited. The subsequent meeting should be noticed, per BO 22.

At the first attempt to have the annual meeting, like Max is saying, someone should have properly motioned to adjourn the meeting, explaining that this means they were asking for the meeting to be postponed, all in an effort to achieve quorum. But if they did not, then I would not worry about it. Just re-do the meeting.

If possible under your bylaws, consider absentee ballots.

Some people read TPC 209 to be saying that the HOA has to allow absentee ballots, regardless of what the bylaws say. If your board wants to try absentee ballots, quote the section of TPC 209 to the board and go for it.

Hi Bill,

We are TPC 209. We were formed in 1978.

One of the first things our BOD did a turnover was hold a vote to lower Quorum from 51% to 20%. Some say no Quorum is they way to go. I say 20% is a happy medium.