QUESTION: How can HOA members vote, and are there any restrictions on HOA voting procedures?
ANSWER: In 2011 the Texas Legislature adopted several laws that directly addressed HOA procedures and standards. Those laws included new conditions and permissions for voting by HOA members, and were subsequently incorporated into the Springs HOA Bylaws:
3.06 Quorum
Members voting by absentee or electronic ballot may be counted as an owner present and voting for the purpose of establishing a quorum only for items appearing on the ballot [Note: this article means that if an HOA member meeting does not achieve quorum as a result of the number of members attending in person or by proxy, but the number of absentee and electronic ballots, added to the number of members attending in person or by proxy, equals or exceeds the quorum requirement, then the meeting's quorum is achieved for those voting items included on the absentee and electronic ballots - but only for those items]
3.07 Voting.
A. Owners may not be disqualified from voting for any reason.
B. Secret ballots are prohibited; all votes must be in writing and signed by the owner or his proxy.
C. An owner’s vote shall be cast or given in person or by proxy at a meeting of the Association, by absentee ballot, by electronic ballot, or by mail.
These monthly "Test Your Knowledge" Discussion topics intend to remind Springs residents of the provisions in our Covenants, Conditions, and Restrictions (CCR’s) and in our HOA's governing provisions (Bylaws) that apply to all Springs residents solely by our election to live in this community.
The Bylaws are "the guidelines for the operation of the Homeowner's Association. The bylaws define the duties of the various offices of the Board of Directors, the terms of the Directors, the membership's voting rights, required meetings and notices of meetings, and the principal office of the association, as well as other specific items that are necessary to run the homeowner's association as a business."*
If you are a Springs resident who has misplaced your copy of the CCR’s or Bylaws, or are a new resident who wasn’t provided a copy by the previous owners or your realtor, you can view (and download in Adobe Reader [.pdf] format) the complete Springs CCR’s and By-Laws at the Consolidated Bylaws and CCRs section of this website, located in the Pages & Links tab.
*Definition from "Homeowners Association Law Frequently Asked Questions," Hatch, Little, & Bunn, LLP, Raleigh, NC
