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Subject: question now that there are no longer covid protocols
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LaskaS
(Texas)

Posts:494


06/01/2021 3:49 AM  
quick question.

as a result of the covid pandemic, many hoa and condo association boards were forced to hold meetings via zoom only.

I can certainly see that calling into a meeting is a lot more convenient to move board members who don't live in the community.

My question is this. Now that mandated covid protocols are lifted.

does texas 82.108 C
C) Unless the declaration, bylaws, or articles of incorporation of the association provide otherwise:

(1) a meeting of the board may be held by any method of communication, including electronic and telephonic, if:

(A) notice of the meeting has been given in accordance with Subsection (e);

(B) each director may hear and be heard by every other director; and

(C) the meeting does not involve voting on a fine, damage assessment, appeal from a denial of architectural control approval, or suspension of a right of a particular association member before the member has an opportunity to attend a board meeting to present the member's position, including any defense, on the issue; and


does this mean the board can continue to meet remotely if they want unless the meeting involves issues in c...
For meetings that involved anything in c. the meetings need to be at the normal location..if there is one. i.e. our meetings of the condominium have always been at the club house on the 3rd wednesday of the month.

While remote zoom meetings are useful.. they can not replicate some of the nuances of in person meetings ,in my opinion.
BillH10
(Texas)

Posts:712


06/01/2021 4:53 AM  
Laska

Unless there is language in the Declaration, Bylaws, or Articles of Incorporation of your condominium association to the contrary, yes, the Board may continue to meet via Zoom, telephone conference call, in person, or any combination thereof except to consider those subjects described in c.

However, you stated: " . . . the meetings need to be at the normal location.". I do not see language in 82.108 which requires in-person meetings to be held at the "normal location", or on any particular day of the week, regardless of past practices.

Do not infer requirements which are not stated as 'black letter law' or on 'the four corners of the page'. What would you do if the club house could not be used as it was damaged in the freeze, or the Board found the meeting must be moved to another day of the week?
JohnC46
(South Carolina)

Posts:11059


06/01/2021 7:34 AM  
Personally, I want face to face meetings to return. We are suppose to have our Annual Meeting on or before April 15. We have notified owners we are delaying our Annual Meeting until Oct or Nov. Nobody has bitten our ankles on this.
ND
(PA)

Posts:600


06/01/2021 8:55 AM  
I'd say, yes, this does mean that the board can continue to meet remotely if they want. And I would say (contrary to your and other interpretations) that it also means they can meet remotely on items/issues in paragraph (C), as long as "the member has an opportunity to attend a board meeting to present the member's position, including any defense, on the issue" prior to the remotely-held meeting when the vote/decision is made.

As an example . . . if a certain Zoom Board meeting proposes to vote on issuing a fine to an alleged violator, then the alleged violator must be given an opportunity to meet with the Board (which could also be via Zoom) to present their position/defense prior to the meeting when the Board plans to vote on issuing the fine.
LetA
(Nevada)

Posts:1244


06/01/2021 10:50 AM  
I kind of feel that some of these covid protocols are not going away. It may very well be that people want face to face meetings, but good luck trying to find a venue to accommodate you. We held our meetings in a community room of a car dealership. I don't think they will be welcoming back any outside meetings. I don't know what library meeting rooms will accommodate. I think HOA's are going to be painted into a corner and have to reserve a banquet room for their annual meetings at an additional cost just to satisfy your state laws.

The biggest downside to zoom meetings in my opinion are sealed bids. In face to face meetings The board opens the bids and can quickly review vendor bids and vote on the spot. Now bid reviews are postponed to the next meeting so all board members can receive a copy of the bid to review.
AugustinD


Posts:601


06/01/2021 10:57 AM  
Posted By LaskaS on 06/01/2021 3:49 AM
quick question.

as a result of the covid pandemic, many hoa and condo association boards were forced to hold meetings via zoom only.

I can certainly see that calling into a meeting is a lot more convenient to move board members who don't live in the community.

My question is this. Now that mandated covid protocols are lifted.

does texas 82.108 C
C) Unless the declaration, bylaws, or articles of incorporation of the association provide otherwise:

(1) a meeting of the board may be held by any method of communication, including electronic and telephonic, if:

(A) notice of the meeting has been given in accordance with Subsection (e);

(B) each director may hear and be heard by every other director; and

(C) the meeting does not involve voting on a fine, damage assessment, appeal from a denial of architectural control approval, or suspension of a right of a particular association member before the member has an opportunity to attend a board meeting to present the member's position, including any defense, on the issue; and


does this mean the board can continue to meet remotely if they want unless the meeting involves issues in c?
If your COA's declaration, bylaws and articles are silent about meetings by phone or other electronics, then by my reading of 82.108, my answer to your question is yes, absolutely.
BillH10
(Texas)

Posts:712


06/01/2021 12:19 PM  
ND, I agree with your assessment--if the owner involved has had the opportunity to appear before the Board, I believe the subsequent meeting does not have to be held in person.
LaskaS
(Texas)

Posts:494


06/01/2021 11:22 PM  
Thanks all.

..
Zoom it is.


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