Question:
Can the HOA and management company in Texas vote through e-mail to raise our assessments and then approve it again in the open meeting? I know that Tx property code 209.0051 says that it must be done in open meeting, but can, or is it allowed to be approved via e-mail by the board first through e-mail?
– Trista
Answer:
Hi Trista,
Board meetings must be open to all owners, except those held in executive session. Texas Property Code allows board meetings to be held by electronic or telephonic means with a few conditions. Section 209.0051(c) of the Texas Property Code talks about this specifically.
“(c) Regular and special board meetings must be open to owners, subject to the right of the board to adjourn a board meeting and reconvene in closed executive session to consider actions involving personnel, pending or threatened litigation, contract negotiations, enforcement actions, confidential communications with the property owners’ association’s attorney, matters involving the invasion of privacy of individual owners, or matters that are to remain confidential by request of the affected parties and agreement of the board. Following an executive session, any decision made in the executive session must be summarized orally and placed in the minutes, in general terms, without breaching the privacy of individual owners, violating any privilege, or disclosing information that was to remain confidential at the request of the affected parties. The oral summary must include a general explanation of expenditures approved in executive session.
(c-1) Except for a meeting held by electronic or telephonic means under Subsection (c-2), a board meeting must be held in a county in which all or part of the property in the subdivision is located or in a county adjacent to that county.
(c-2) A board meeting may be held by electronic or telephonic means provided that:
(1) each board member may hear and be heard by every other board member;
(2) except for any portion of the meeting conducted in executive session:
(A) all owners in attendance at the meeting may hear all board members; and
(B) owners are allowed to listen using any electronic or telephonic communication method used or expected to be used by a board member to participate; and
(3) the notice of the meeting includes instructions for owners to access any communication method required to be accessible under Subdivision (2)(B).”
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