PROPER PROCEDURES FOR SUBMITTING AN AGENDA ITEM FOR MEMBERSHIP CONSIDERATION
In a recent revision to the Texas Property Code, all actions require that the WPOA give notice not later than the 10th day before or earlier than the 60th day before the date of an election or vote.
Given that a vote of action impacts all member of the association then it is only fair and just that every property owner in the association who may want to vote or voice an opinion about a particular action is notified and given an opportunity to vote or be heard on an issue.
The best tool of notification for action of the association is an agenda item posted on the agenda for the general membership meeting. Accordingly, a vote on a motion from the floor on a subject not duly noticed via posting on the general membership meeting agenda is not a viable vote.
The remedy for members is to ask a Board Member to put the item on the agenda for the general membership meeting for a vote.
The item must be clearly articulated in a Discussion and Possible Action to…… format so that all members of the association know exactly what the requested action will be and that a vote may be taken.