In Texas, would it be valid to vote on something from the floor, completely unreleated to the agenda, at an annual meeting of a POA?

I always thought it was fair game that it would be valid to vote on anything that came from the floor at an annual meeting. For example, someone, recognized from the floor brings up an unrelated topic, then proposes a vote on it, someone seconds it, and then everyone votes, and if it passes that would be a valid action. I found something in the Texas Property Code Chapter 209*, that gives me pauses on that idea.

So a question please, in Texas, if a member proposed something from the floor, and it went through the proper actions of being seconded and thrown to vote, would that vote, if it passed, be valid? Or would that vote topic not being part of the agenda given in the general annual meeting notice make that vote invalid?

*Sec. 209.0056. NOTICE OF ELECTION OR ASSOCIATION VOTE. (a) For an election or vote taken at a meeting of the owners, not later than the 10th day or earlier than the 60th day before the date of the election or vote, a property owners' association shall give written notice of the election or vote to:

(1) each owner of property in the property owners' association, for purposes of an association-wide election or vote; or

(2) each owner of property in the property owners' association entitled under the dedicatory instruments to vote in a particular representative election, for purposes of a vote that involves election of representatives of the association who are vested under the dedicatory instruments of the property owners' association with the authority to elect or appoint board members of the property owners' association.

Very unlikely. Aside from the agenda problem, what assurance is there that the proposal is even legal or doable? In addition, except for a few specific situations with specific legal hoops to jump through, a homeowner vote would not be binding. They can voice their opinions, but the board would not be obligated to act on them.

I do not know about TX but in SC the item must be on the Agenda before being motioned, discussed, and voted on. All that said, the requirements for an Amendment must still be met as in % of owners required for it to pass.

Something like amendments to the governing documents. I think it would be better to have a separate meeting for that, but there may be good reasons to do it at the annual meeting (improve the attendance numbers or something like that). If the agenda includes both items, it should be legal.

No, this is incorrect. One of the main purposes of "notice" is to give owners a chance to decide whether they want to attend or not. When all topics to be voted on are not included on whatever was sent out to tell owners about the meeting, then whatever was sent out is not lawful notice.

The vote would not be valid.

FWIW, good job. I reviewed TPC 209 and agree this is the proper legal authority to cite.

In addition from BO22.156, for special meetings of the owners, the notice must provide "the purpose or purposes for which the meeting is called."