All,
We have had a lot of interest in the annual meeting this year. We have more people than ever wanting to be a board member. With so much interest it is only natural that we have more questions and concerns about the election procedures especially with regard to the new laws put in place by the Texas legislature.
I would like to address some of those questions here.
Question 1.
Can’t we vote by secret ballot at the annual meeting? Article V, Section 2 of the by-laws states in part “Members present in person, or Members present by
proxy, at the annual membership meeting, may cast their votes by secret written ballot at
the Annual Meeting of the Membership.”
Answer 1.
This was invalidated by the Texas legislature in SB472 – Sec. 209.0058 that states:
“Sec. 209.0058. BALLOTS. (a) Any vote cast in an election
or vote by a member of a property owners’ association must be in
writing and signed by the member.”
Question 2.
Did we appoint three people at the annual meeting to count the ballots? Article V, Section 2 of the by-laws states in part “At the Annual Membership Meeting, the Board
of Directors shall appoint a committee of at least three (3) Members from the audience to
serve as an election committee to tabulate all votes and to report the election results to the
membership in attendance.”
Answer 2.
I requested volunteers to count the number of votes to see if we had a quorum. We had two people from the audience and one board member who was not on ballot. This was not to tally the votes but to see if we had a quorum to hold the annual meeting. Some have questioned if a board member should be allowed to count or tally the ballots.
During the meeting I was referred to the section of the new laws below which does not have a restriction on board members tabulating the ballots as long as they are not on the ballot or related to someone on the balllot:
“Sec. 209.00594. TABULATION OF AND ACCESS TO BALLOTS. (a) Notwithstanding any other provision of this chapter or any other law, a person who is a candidate in a property owners’ association election or who is otherwise the subject of an association vote, or a person related to that person within the third degree by consanguinity or affinity, as determined under Chapter 573, Government Code, may not tabulate or otherwise be given access to the ballots cast in that election or vote except as provided by this section.
(b) A person other than a person described by Subsection (a) may tabulate votes in an association election or vote but may not disclose to any other person how an individual voted.”
I have referred this question to the association attorney for his opinion.UPDATE 11/2/2012 – A board member that is not on the ballot and is not the subject of some other vote on this agenda is eligible to count votes. Of course no one is allowed to disclose how a home owner voted.
Question 3.
At the meeting on October 27th the members voted to try and have the annual meeting on November 13 before the regular board meeting since we did not have a quorum.
Article III, Section 4 of the by-laws states in part “If, however, such quorum shall not be present or represented at any
meeting, the Members entitled to vote thereat shall have power to adjourn the meeting
from time to time, without notice other than announcement at the meeting, until a quorum
shall be present or be represented. Relative to any such reconvened or adjourned meeting,
the same notice requirements shall apply as for the original meeting, but the Quorum
requirement for the reconvened or adjourned meeting shall be fifty percent (50 %) of that
for the original meeting.”
Answer 3.
While we followed the same procedures used in last years annual meeting we may not be able to have the annual meeting on 11/13/12 as planned and we may have to mail the same notice about the new meeting date. I have referred this questions to the association’s attorney for an opinion.UPDATE 11/2/2012 – Our bylaws require that we send the 30 day notice for a reconvened annual meeting because of a lack of quorum. The board of directors will discuss a new date for the annual meeting at the November 13, 2012 board meeting. The notice for the reconvened annual meeting will likely be a simple post card with some language suggested by the attorney.
Question 4.
Can a proxy used for the meeting on October 27 be used for the postponed annual meeting on 11/13/12 or on whatever future date it is held?
Article III, Section 5 of the by-laws states in part “Every proxy shall be revocable and shall specify the meeting or action to which it applies.
General proxies (i.e., those intended for use at more than one meeting) shall not be
permitted.”
Answer 4.
I have referred this question to the association’s attorney for an opinion.UPDATE 11/2/2012 – The language in the proxy is specific that is applies to the Oct 27th meeting and “and any adjournment or rescheduled meeting thereof “. This is not considered to be a general proxy. A general proxy would not specify a meeting.The proxy would be usable at the rescheduled meeting unless the person granting the proxy shows up in person.
Regards,
Greg Gillis
Vice President – Oakwood Glen Association
