(a) A meeting of the board of directors of a property owners’ association must be conducted in accordance with the association’s dedicatory instruments.
(b) Unless otherwise provided by a dedicatory instrument, elected directors who represent the commercial and residential membership attend and conduct the business of the property owners’ association at a meeting under this section.
Terms Used In Texas Property Code 215.007
- Contract: A legal written agreement that becomes binding when signed.
- Executive session: A portion of the Senate's daily session in which it considers executive business.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Property: means real and personal property. See Texas Government Code 311.005
- Quorum: The number of legislators that must be present to do business.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Venue: The geographical location in which a case is tried.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) In this section, a board meeting has the meaning assigned by a dedicatory instrument. Notwithstanding this subsection, the term does not include the gathering of a quorum of the board at any other venue, including at a social function unrelated to the business of the association, or the attendance by a quorum of the board at a regional, state, or national convention, workshop, ceremonial event, or press conference, if formal action is not taken and any discussion of association business is incidental to the social function, convention, workshop, ceremonial event, or press conference.
(d) Unless otherwise provided by a dedicatory instrument, the board shall keep a record of each regular, emergency, or special board meeting in the form of written minutes or an audio recording of the meeting. A record of a meeting must state the subject of each motion or inquiry, regardless of whether the board takes action on the motion or inquiry, and indicate each vote, order, decision, or other action taken by the board. The board shall make meeting records, including approved minutes, available to a member for inspection and copying, at the member’s expense, during the normal business hours of the association on the member’s written request to the board or the board’s representative. The board shall approve the minutes of a board meeting not later than the next regular board meeting.
(e) Unless otherwise provided by a dedicatory instrument, before the board calls an executive session, the board shall convene in a regular or special board meeting for which notice has been given as provided by this section. During that board meeting, the presiding board member may call an executive session by announcing that an executive session will be held to deliberate a matter described by Subsection (f) and identifying the specific subdivision of Subsection (f) under which the executive session will be held. A vote or other action item may not be taken in executive session. An executive session is not subject to the requirements of Subsection (d).
(f) Unless otherwise provided by a dedicatory instrument, a property owners’ association board may meet in executive session to deliberate:
(1) anticipated or pending litigation, settlement offers, or interpretations of the law with the association’s legal counsel;
(2) complaints or charges against or issues regarding a board member or an agent, employee, contractor, or other representative of the association;
(3) all financial matters concerning a specific property owner;
(4) a payment plan for an association member who has a financial obligation to the association;
(5) a foreclosure of a lien;
(6) an enforcement action against an association member, including for nonpayment of amounts due;
(7) the purchase, exchange, lease, or value of real property, if the board determines in good faith that deliberation in an open board meeting may have a detrimental effect on the association;
(8) business and financial issues relating to the negotiation of a contract, if the board determines in good faith that deliberation in an open board meeting may have a detrimental effect on the position of the association;
(9) matters involving the invasion of privacy of an individual owner;
(10) an employee matter; and
(11) any other matter the board considers necessary or reasonable to further assist the association’s operation.