Open Board Meetings and Raising HOA Dues in Texas

Question:

Can an HOA call a “Board Meeting” whereby they are raising assessments without a 30 day notice?
The HOA is stating that owners can attend, however no questions or comments allowed. Is this legal?

– Stephanie

 

Answer:

Hi Stephanie,

The HOA board must provide notice at least 10 days (but no more than 60 days) prior to a board meeting. The board may also post the notice of the meeting in a common area of the property or on the website and emailing the owners at least 144 hours prior to the board meeting (72 hours prior to a special board meeting).

As per theĀ Texas Property Code, all regular and special board meetings must be open to all members. There are certain actions the board cannot take outside of an open meeting, including increases in assessments or dues. However, the Texas Property Code is silent on whether or not homeowners must be given the opportunity to comment during the meeting. Check your governing documents to see if they provide such a requirement.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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