TristaJ
Posts: 96
Posts: 96
Posted:
I'm in Texas. Our annual meeting and board vote will be November 2nd. We have gotten no ballots yet from management company. How many days in advance should we have them? No, nothing in our bylaws about time.
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annual meeting and ballots
Started by TristaJ • 16 replies • 392 views
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SheliaH
Posts: 6,967
Posts: 6,967
Posted:
Have you asked the management company (better yet the board, since the property manager works at its direction)? If so,what was the response? If not, why not?
I did some googling and suspect the usual texas posters will chime in, but it appears homeowners should get notice of the annual meeting at least 10 days in advance so I would think the ballots would have shown up at the same time. I didn't see anything about mandating that, so if people want to vote, they should show up at the meeting or give a proxy to someone to vote on their behalf (another long conversation I won't get into).
If you want more information on texas HOA law, go to your state legislative website - current statutes are usually posted somewhere - look at tge links and click away. I know there are a few new ones that were passed this year that may be of special interest to your community, so educate yourself accordingly.
As for tge lack of ballots,, it's also possible there are no ballots because no one is running against the current board. If no one announced and no one`s nominated from the floor during the meeting, the current group stays until they're voted out, resign or are recalled. Read your documents to see what they say about all this.
I did some googling and suspect the usual texas posters will chime in, but it appears homeowners should get notice of the annual meeting at least 10 days in advance so I would think the ballots would have shown up at the same time. I didn't see anything about mandating that, so if people want to vote, they should show up at the meeting or give a proxy to someone to vote on their behalf (another long conversation I won't get into).
If you want more information on texas HOA law, go to your state legislative website - current statutes are usually posted somewhere - look at tge links and click away. I know there are a few new ones that were passed this year that may be of special interest to your community, so educate yourself accordingly.
As for tge lack of ballots,, it's also possible there are no ballots because no one is running against the current board. If no one announced and no one`s nominated from the floor during the meeting, the current group stays until they're voted out, resign or are recalled. Read your documents to see what they say about all this.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnC46
Posts: 14,230
Posts: 14,230
Posted:
In SC we must give 30 days notice of an Annual Meeting and that mailing also contains a Proxy naming the BOD as the holder. Some states have less then a 30 day notice. Seems it might be 10 days in TX. Also the count begins the day the notice is postmarked, not when it it is received.
MarkM19
Posts: 1,454
Posts: 1,454
Posted:
Trista,
I am not going to be able to give you the exact timeline, but this will be close.
1st an announcement stating that this election is schedule for x date and in that same packet a qualification sheet and a date that candidates need to submit to be on the ballot. This needs to happen with 45 days before the election date.
2nd I believe it is 30 days before the election that people running for an open seat must turn in their informational sheet that gets mailed out to All owners of record as of a certain date.
3rd Ballots must be mailed to the Inspector of Elections (Typically this is Management) by a date close to the Annual meeting usually 3 days, I think.
4th The ballots can also be dropped off on election day prior to the opening of the ballots at the annual meeting.
Sounds like they missed most of these dates and may need to postpone the election until the first action takes place.
I am not going to be able to give you the exact timeline, but this will be close.
1st an announcement stating that this election is schedule for x date and in that same packet a qualification sheet and a date that candidates need to submit to be on the ballot. This needs to happen with 45 days before the election date.
2nd I believe it is 30 days before the election that people running for an open seat must turn in their informational sheet that gets mailed out to All owners of record as of a certain date.
3rd Ballots must be mailed to the Inspector of Elections (Typically this is Management) by a date close to the Annual meeting usually 3 days, I think.
4th The ballots can also be dropped off on election day prior to the opening of the ballots at the annual meeting.
Sounds like they missed most of these dates and may need to postpone the election until the first action takes place.
JohnC46
Posts: 14,230
Posts: 14,230
Posted:
Quote:
Posted By MarkM19 on 10/20/2023 2:17 PM
Trista,
I am not going to be able to give you the exact timeline, but this will be close.
1st an announcement stating that this election is schedule for x date and in that same packet a qualification sheet and a date that candidates need to submit to be on the ballot. This needs to happen with 45 days before the election date.
2nd I believe it is 30 days before the election that people running for an open seat must turn in their informational sheet that gets mailed out to All owners of record as of a certain date.
3rd Ballots must be mailed to the Inspector of Elections (Typically this is Management) by a date close to the Annual meeting usually 3 days, I think.
4th The ballots can also be dropped off on election day prior to the opening of the ballots at the annual meeting.
Sounds like they missed most of these dates and may need to postpone the election until the first action takes place.
Trista,
I am not going to be able to give you the exact timeline, but this will be close.
1st an announcement stating that this election is schedule for x date and in that same packet a qualification sheet and a date that candidates need to submit to be on the ballot. This needs to happen with 45 days before the election date.
2nd I believe it is 30 days before the election that people running for an open seat must turn in their informational sheet that gets mailed out to All owners of record as of a certain date.
3rd Ballots must be mailed to the Inspector of Elections (Typically this is Management) by a date close to the Annual meeting usually 3 days, I think.
4th The ballots can also be dropped off on election day prior to the opening of the ballots at the annual meeting.
Sounds like they missed most of these dates and may need to postpone the election until the first action takes place.
Mark
Is that TX law/rules or just how your docs read?
MarkM19
Posts: 1,454
Posts: 1,454
Posted:
John,
It is a close estimate. I have been through many in Texas and just completed my last in September. Unfortunately, I do not go into all of the detail some do to spoon feed poster with exact information. it is my estimate that is very close to accurate.
It is a close estimate. I have been through many in Texas and just completed my last in September. Unfortunately, I do not go into all of the detail some do to spoon feed poster with exact information. it is my estimate that is very close to accurate.
BillH10
Posts: 1,215
Posts: 1,215
Posted:
Mark
In my experience, meaning the 50+ TPC 209 HOA bylaws I have read, all have stipulated the annual meeting notification package is to be sent not less than X days nor more than Y days prior to the meeting. The OP does not say the notification package was not sent or received, only that ballots have apparently not been received. BTW, we encourage the use of an emailed Save the Date notice well in advance of mailing the official notification package.
Rarely is a qualification sheet included which stipulates anything other than that the candidate must be an owner and, presumably, an air breathing mammal. If a spouse is on an association committee, he or she may have to resign from the committee if the candidate is elected. Thanks to the legislature a session or two or three ago, an owner candidate does not even have to be current on assessment payments. The 30 day date you mention is arbitrary, it can be 10, 15 or 25 days or whatever, depending on the needs/wants/desires of the MC and association.
The 3 day timeline for receipt of the ballot is arbitrary as well; 3 days works as well as any other deadline.
I'm not certain the OP's association/MC has missed a critical date or dates. I do not believe receipt of ballots in advance is a show stopper. What if there are no candidates? Or, what if the candidate was late in their submission? I personally do not think it a good idea to exclude a late candidate from the ballot during the meeting, although he or she may, of necessity, be a write-in. Then there is the matter of nominations from the floor during the meeting.
In my experience, meaning the 50+ TPC 209 HOA bylaws I have read, all have stipulated the annual meeting notification package is to be sent not less than X days nor more than Y days prior to the meeting. The OP does not say the notification package was not sent or received, only that ballots have apparently not been received. BTW, we encourage the use of an emailed Save the Date notice well in advance of mailing the official notification package.
Rarely is a qualification sheet included which stipulates anything other than that the candidate must be an owner and, presumably, an air breathing mammal. If a spouse is on an association committee, he or she may have to resign from the committee if the candidate is elected. Thanks to the legislature a session or two or three ago, an owner candidate does not even have to be current on assessment payments. The 30 day date you mention is arbitrary, it can be 10, 15 or 25 days or whatever, depending on the needs/wants/desires of the MC and association.
The 3 day timeline for receipt of the ballot is arbitrary as well; 3 days works as well as any other deadline.
I'm not certain the OP's association/MC has missed a critical date or dates. I do not believe receipt of ballots in advance is a show stopper. What if there are no candidates? Or, what if the candidate was late in their submission? I personally do not think it a good idea to exclude a late candidate from the ballot during the meeting, although he or she may, of necessity, be a write-in. Then there is the matter of nominations from the floor during the meeting.
TristaJ
Posts: 96
Posts: 96
Posted:
Our bylaws state that there doesn't have to be a notice of the annual meeting given it's in the bylaws as the first Thursday of November. I know there is one person running that is not on the board so votes need to go out. I haven't read anything in our bylaws that state ballots/proxies need to be sent by a certain time. I've only read that they have to be turned in to the secretary/MC two days prior, unless the person comes to the meeting.
Oh, I've asked our PM and he ignores me. I've asked the president all week to ask and I'm not getting a response. Our election is Nov 2, so I was curious. I will have to check TX law again about how soon they need to be sent out. I just didn't remember seeing anything in TX law.
We are 209 property code and not condos.
Oh, I've asked our PM and he ignores me. I've asked the president all week to ask and I'm not getting a response. Our election is Nov 2, so I was curious. I will have to check TX law again about how soon they need to be sent out. I just didn't remember seeing anything in TX law.
We are 209 property code and not condos.
SheliaH
Posts: 6,967
Posts: 6,967
Posted:
Just saw this article on what some say are the best and worst days to mail anything. It may not help Trista this time but others may want to think about this as time approaches for annual meetings, budget ratification and all that. People should also remember mail delivery everywhere has slowed down over the last 5 years.
https://finance.yahoo.com/news/don-t-mail-check-other-210054554.html
https://finance.yahoo.com/news/don-t-mail-check-other-210054554.html
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
BillH10
Posts: 1,215
Posts: 1,215
Posted:
Trista, if your Bylaws do not stipulate ballots with the candidate names must be distributed prior to the meeting, then there is no requirement to do so. What you are describing is Absentee Ballots. I am not certain absentee voting must be offered but admittedly I am not current on the changes to TPC on this subject which may have taken place in the last few years.
Even if they are distributed, what do your Bylaws say about nominations from the floor during the meeting, or, a space for write in candidates on the ballots if they are distributed in advance?
Even if they are distributed, what do your Bylaws say about nominations from the floor during the meeting, or, a space for write in candidates on the ballots if they are distributed in advance?
JulieH4
Posts: 75
Posts: 75
Posted:
Hello,
As a property manager of a self managed association in Texas, I send out ballots and proxies 30 days in advance of the annual meeting. I then send a reminder a week before the meeting with the proxy form attached again to make sure I have enough proxies and attendees to make quorum.
Not sure if that helps but that's what I do.
As a property manager of a self managed association in Texas, I send out ballots and proxies 30 days in advance of the annual meeting. I then send a reminder a week before the meeting with the proxy form attached again to make sure I have enough proxies and attendees to make quorum.
Not sure if that helps but that's what I do.
TristaJ
Posts: 96
Posts: 96
Posted:
Julie, can we hire you? lol.
JulieH4
Posts: 75
Posts: 75
Posted:
Quote:
Posted By TristaJ on 10/24/2023 12:55 PM
Julie, can we hire you? lol.
Julie, can we hire you? lol.
I would love to! I actually live in the neighborhood that I am the property manager for in Houston but I am not an owner so I am not biased. That being said, my parents have lived here since 1980 and I want things to be like they were when I was young.
Have a great day!!!
TristaJ
Posts: 96
Posts: 96
Posted:
Is it allowed for me to share contact info? We really are looking for a new management company.
JulieH4
Posts: 75
Posts: 75
Posted:
Hi Trista,
I don't even see a place to send you a private message!
There is a management company based in Sugar Land that my friend works for but I am not sure I'm allowed to put the name of the company.
My neighborhood is self managed, we do not use a management company and it works great for us with 140 homes.
If anyone knows how to connect with each other, do tell!
I don't even see a place to send you a private message!
There is a management company based in Sugar Land that my friend works for but I am not sure I'm allowed to put the name of the company.
My neighborhood is self managed, we do not use a management company and it works great for us with 140 homes.
If anyone knows how to connect with each other, do tell!
TristaJ
Posts: 96
Posts: 96
Posted:
Tristacsr at iCloud . Com
If that works
If that works
JulieH4
Posts: 75
Posts: 75
Posted:
Hi Trista,
Did it work?
Did it work?
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