Agendas in Meeting Notices and Voting

Hi Mark,

According to the Texas Property Code Section 209.0051(e), members must receive notice of the date, hour, place, and general subject of a regular or special meeting, including a general description of what will be deliberated on during an executive session. This may mean a detailed agenda is not required. However, it’s best to check the governing documents to see whether they require the HOA to send an agenda.

In addition, Section 209.0051(h) states that boards may take action outside of a meeting without prior notice under Subsection (e) if each board member is given reasonable opportunity to express their opinion to all other board members and to vote. However, there are exceptions as the board may only consider or vote on the following topics in an open meeting with prior notice:

• Fines
• Damage assessments
• Initiation of foreclosure actions
• Initiation of enforcement actions
• Increases in assessments
• Levying of special assessments
• Appeals from a denial of Architectural Control approval
• Suspension of rights of an owner before they have an opportunity to attend a meeting to present their position and defense
• Lending or borrowing money
• Adoption or amendment of a dedicatory instrument
• Approval of an annual budget or an amendment to an annual budget
• Sale or purchase of real property
• Filling of a board vacancy
• Construction of capital improvements other than enhancement, replacement, or repair of existing capital improvements
• Election of an officer

For further guidance, kindly consult a lawyer.