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Minimal valid agenda?

Started by BillD16 • 11 replies • 75 views

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BillD16 (Texas)
Posts: 974
Posted:
We got a notice for our Annual Meeting later this month. The agenda says

VI. Election of Three Directors

VII. Any Unfinished or New Business

VIII. Adjournment

This seems a bit 'sparse' to me - I thought there was supposed to be a list of actual business, so that someone who was interested in that business would know it was being discussed, and thus would put the meeting on their schedule?

Bill
HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
KellyM3 (North Carolina)
Posts: 2,239
Posted:
It's very minimal so I don't know if the annual meeting is where your HOA ratifies the annual operations budget. If not, then your annual meeting exists to elect or re-elect board members and that's it.

It could be possible that a "regular" business meeting will be called immediately following adjournment of the annual meeting.
MichaelS56 (Minnesota)
Posts: 859
Posted:
Please review your governing documents which may have what the annual meeting needs to have. The second source would be your state HOA laws that may require certain topics that an annual meeting must have. Minnesota has a law that requires certain topics to be covered, hopefully your state does.
JackS20 (North Carolina)
Posts: 271
Posted:
well what do you want on the agenda is the big question? If you don't want anything why does it matter?
BillD16 (Texas)
Posts: 974
Posted:
Quote:
Posted By JackS20 on 06/05/2026, 6:55 AM

well what do you want on the agenda is the big question? If you don't want anything why does it matter?

Well, again: I was under the impression that the agenda was supposed to list all of the business to be discussed. That way, someone can look at the agenda and see that (say) fence guidelines are on the list, and if they’ve got some interest in fence guidelines, they’ll know to attend the meeting to take part.

However, and strangely, leaving the list blank doesn’t imply that *no* business will be discussed; it more implies that *anything* can be discussed.

I’ll check our governing docs etc again, but I don’t recall anything that explicitly speaks to this.
HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
ElleN (Idaho)
Posts: 1,339
Posted:
Quote:
Posted By BillD16 on 06/05/2026, 10:49 AM

I was under the impression that the agenda was supposed to list all of the business to be discussed. That way, someone can look at the agenda and see that (say) fence guidelines are on the list, and if they’ve got some interest in fence guidelines, they’ll know to attend the meeting to take part.

However, and strangely, leaving the list blank doesn’t imply that *no* business will be discussed; it more implies that *anything* can be discussed.

One thing speaks loudly to this: The rights that are exclusive to the owners. These rights are highly limited. Remember that typically the only things that owners can lawfully do at meetings is:

-- Vote for directors.
-- Vote for amendments to the Declaration or Bylaws.
-- Vote to approve the annual budget.

If at the annual meeting, under "Unfinished Business or New Business," an owner brings up something for which the governing documents require a vote, then the vote will be illegal.

If there is just general chatter about XYZ issue at the owners' meeting, then I would not worry about either this general chatter or the agenda format. Why? Because no lawful vote will occur.

Whoever wrote the agenda should not have wrote "business," since "business" means votes.

For board meetings, TPC 209 expressly requires that the board meeting notice state the "general subject" of the board meeting. This is for the reasons you give.
BillD16 (Texas)
Posts: 974
Posted:
Quote:
Posted By ElleN on 06/05/2026, 3:44 PM


--------------------------------------
Quoted Post:
Posted By BillD16 on 06/05/2026

, 10:49 AM

I was under the impression that the agenda was supposed to list all of the business to be discussed. That way, someone can look at the agenda and see that (say) fence guidelines are on the list, and if they’ve got some interest in fence guidelines, they’ll know to attend the meeting to take part.

However, and strangely, leaving the list blank doesn’t imply that *no* business will be discussed; it more implies that *anything* can be discussed.
--------------------------------------

One thing speaks loudly to this: The rights that are exclusive to the owners. These rights are highly limited. Remember that typically the only things that owners can lawfully do at meetings is:

-- Vote for directors.
-- Vote for amendments to the Declaration or Bylaws.
-- Vote to approve the annual budget.

If at the annual meeting, under "Unfinished Business or New Business," an owner brings up something for which the governing documents require a vote, then the vote will be illegal.

If there is just general chatter about XYZ issue at the owners' meeting, then I would not worry about either this general chatter or the agenda format. Why? Because no lawful vote will occur.

Whoever wrote the agenda should not have wrote "business," since "business" means votes.

For board meetings, TPC 209 expressly requires that the board meeting notice state the "general subject" of the board meeting. This is for the reasons you give.

I get what you're saying. But what I suspect will happen is that the Board will bring up several topics and perhaps even vote on them, all without putting them on the agenda. An owner might not be able to vote, but aren't they at least supposed to be able to watch and wail and gnash their teeth while the Board discusses and votes on the matter?

Bill
HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
ElleN (Idaho)
Posts: 1,339
Posted:
Quote:
Posted By BillD16 on 06/05/2026, 3:44 PM

what I suspect will happen is that the Board will bring up several topics and perhaps even vote on them, all without putting them on the agenda. An owner might not be able to vote, but aren't they at least supposed to be able to watch and wail and gnash their teeth while the Board discusses and votes on the matter?

Why are you saying the board is voting at a meeting of the owners?

This is the annual meeting of owners. The board should not be presiding.

For properly noticed agenda items for the annual meeting, Directors vote only in their capacity as owners.

The President of his/her designee presides at the annual meeting.
ElleN (Idaho)
Posts: 1,339
Posted:
Quote:
Posted By ElleN on 06/05/2026, 4:42 PM

The President of his/her designee presides at the annual meeting.

Correction: "or" not "of"
BillD16 (Texas)
Posts: 974
Posted:
Quote:
Posted By ElleN on 06/05/2026, 5:42 PM


--------------------------------------
Quoted Post:
Posted By BillD16 on 06/05/2026

, 3:44 PM

what I suspect will happen is that the Board will bring up several topics and perhaps even vote on them, all without putting them on the agenda. An owner might not be able to vote, but aren't they at least supposed to be able to watch and wail and gnash their teeth while the Board discusses and votes on the matter?
--------------------------------------

Why are you saying the board is voting at a meeting of the owners?

This is the annual meeting of owners. The board should not be presiding.

For properly noticed agenda items for the annual meeting, Directors vote only in their capacity as owners.

The President of his/her designee presides at the annual meeting.

> Why are you saying the board is voting at a meeting of the owners?

Hmmm … I guess because at the previous Open Meeting, there was a topic that was left unresolved, and one of the Board members - who is falling off of the Board at the next Annual Meeting - fussed that the matter wouldn’t be resolved before they left. And the PM said “it’s okay, we can take care of it at the Annual Meeting.”

Bill
HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
ElleN (Idaho)
Posts: 1,339
Posted:
Quote:
Posted By BillD16 on 06/05/2026, 5:36 PM

I guess because at the previous Open Meeting, there was a topic that was left unresolved, and one of the Board members - who is falling off of the Board at the next Annual Meeting - fussed that the matter wouldn’t be resolved before they left. And the PM said “it’s okay, we can take care of it at the Annual Meeting.”

Sounds like incompetence to me.
BillD16 (Texas)
Posts: 974
Posted:
Quote:
Posted By ElleN on 06/05/2026, 6:49 PM


--------------------------------------
Quoted Post:
Posted By BillD16 on 06/05/2026

, 5:36 PM

I guess because at the previous Open Meeting, there was a topic that was left unresolved, and one of the Board members - who is falling off of the Board at the next Annual Meeting - fussed that the matter wouldn’t be resolved before they left. And the PM said “it’s okay, we can take care of it at the Annual Meeting.”
--------------------------------------

Sounds like incompetence to me.

It may well be. Or maybe they lied, just to move past it. I just checked the agenda, and for what little it’s worth, there’s no “approval of actions outside of board meeting” at the beginning. So - I guess I’ll have to wait and see.

Thanks,

Bill
HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”

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