KurtG1 (Texas)
Posts: 30
Posts: 30
Posted:
Finally, the time has come for our annual meeting of the members. Recent changes to Texas law will go into effect on January 1. Lots of simple things like a requirement to post notification of board meetings and having to enter actions taken outside a meeting into the minutes of the following face-to-face meeting.
What I need help with is interpreting this addition in HB2761 to section 209.00593.
Sec. 209.00593. ELECTION OF BOARD MEMBERS.
(a) Notwithstanding any provision in a dedicatory instrument, any
board member whose term has expired must be elected by owners who
are members of the property owners' association. A board member may
be appointed by the board only to fill a vacancy caused by a
resignation, death, or disability. A board member appointed to
fill a vacant position shall serve the unexpired term of the
predecessor board member.
Our Bylaws state the following:
At each annual meeting of the members, the members shall elect the number of directors equal to the number of directors whose terms expire at such time for a term of two(2) years.
We currently have one board member that recently resigned (moved out of the hood) and to my knowledge they have not appointed anyone to fill her position. I think they are going to wait until the annual meeting in 30 days. I don't have a problem with waiting until the annual meeting to fill the vacant position. The problem I have is that the meeting notice only listed election of a single director and a different directors term is expiring. Since we have not held an annual meeting in 3 years, all of the directors are serving in expired positions.
1) Can the board appoint someone to fill a position when a director resigns from an expired position?
2) Does 209.00593 allow or require all expired positions to be up for election at this annual meeting? (I already know what the HOA attorney will say and that is the bylaws only allow electing 1 board member this year because only a single seat would be expiring this year, that is if elections had been held 2 years ago.)
What I need help with is interpreting this addition in HB2761 to section 209.00593.
Sec. 209.00593. ELECTION OF BOARD MEMBERS.
(a) Notwithstanding any provision in a dedicatory instrument, any
board member whose term has expired must be elected by owners who
are members of the property owners' association. A board member may
be appointed by the board only to fill a vacancy caused by a
resignation, death, or disability. A board member appointed to
fill a vacant position shall serve the unexpired term of the
predecessor board member.
Our Bylaws state the following:
At each annual meeting of the members, the members shall elect the number of directors equal to the number of directors whose terms expire at such time for a term of two(2) years.
We currently have one board member that recently resigned (moved out of the hood) and to my knowledge they have not appointed anyone to fill her position. I think they are going to wait until the annual meeting in 30 days. I don't have a problem with waiting until the annual meeting to fill the vacant position. The problem I have is that the meeting notice only listed election of a single director and a different directors term is expiring. Since we have not held an annual meeting in 3 years, all of the directors are serving in expired positions.
1) Can the board appoint someone to fill a position when a director resigns from an expired position?
2) Does 209.00593 allow or require all expired positions to be up for election at this annual meeting? (I already know what the HOA attorney will say and that is the bylaws only allow electing 1 board member this year because only a single seat would be expiring this year, that is if elections had been held 2 years ago.)