At our Annual Meetings, we, the members, have our meeting (we can also call Special Meetings of the Members, per the HOA bylaws).

It is a Meeting of the Members.

In the past years it has seemed that the members of the HOA Board of Directors believe that the annual meeting is actually another one of their Meetings of the Board, to run as they please, but it is not the case. It is okay that one of the HOA officers acts as chairman of the annual meeting, but there is no reason any other HOA member could be chosen to perform this role. The annual meeting is mandated by law (TNPCA Art 1396-2.10 A (2)) and specified in the bylaws (Art III Sec 1) to occur on the anniversary of HOA incorporation, July 9 or 10. In 2007 the annual meeting was not held when required; this year, the same. This is a breach of contract, twice.

The annual meeting is a business meeting of the members of a Texas non-profit corporation. There is no reason to exclude a social function associated with the meeting, but the meeting itself is a mandated business activity, and it needs to be conducted appropriately. Members who attend an annual meeting expecting a social event hopefully will recognize this difference.

Elsewhere suggested agenda topics have been identified. Any member is free to offer suggested topics for discussion at this meeting, as it is a meeting of the members, and not a board of director?’s meeting. The board has had and will have its own meetings.

This year it seems as good as any year to introduce for discussion and decision a number of issues which seem to have been repeated in the past and not recognized or acted upon. The minutes of the previous meetings have been substandard. Minutes are not meeting summaries wherein the Board chooses what is the content of the activities of the meeting. Minutes are well defined (you can even read what Neighborhoodlink.com suggest (Taking Minutes?… under Association Articles under Resource Guide at this web site) and need to accurate and completely address at least the substance of actions of the meeting, particularly motions, seconds on motions, summary of discussions, vote on motions.

To better organize activities of a meeting an agenda provides a roadmap. To better define actions and decisions of the meeting motions are made, debated, and voted on. The motions should be binding on the HOA, as these convey the ?“mind of the membership?” at the annual (or special) meetings, all in accord with the rules set out in the law, bylaws, and covenants (declarations).

To that point, here are suggested motions to be made and debated at this annual meeting.

Any member is solicited and invited to consider these as well as to post additional suggested motions to present at our meeting.

Suggested Motions for Meeting

Here are some suggestions:

The board shall present a written annual report reflecting activities, decisions, and financial report of the prior fiscal year, distributed with the notice of the annual meeting, which is incorporated in the meeting minutes.

The board shall present a written proposed activities and financial budget for the subsequent fiscal year with rationale, distributed with the notice of the annual meeting, which is incorporated in the meeting minutes.

Any board member failing to remedy any breach of contract upon written notice (registered mail) by any member within a reasonable time (usually not to exceed 30 days) shall immediately resign the post and not accept appointment (but may accept re-election). The Secretary shall advise the membership within 5 days of any such individual?’s resignation or appointment.

The board shall respond in writing to any member?’s written request or inquiry within a reasonable time (usually not to exceed 15 days) and shall provide written status reports thereof when a complete response requires an additional 15 days to fulfill.

The board shall reduce to writing all its operating policies and make them available via email (or web site posting) to all members within 15 days of creation or exercise of same policies.

The board shall provide full competitive opportunities for bidding on neighborhood maintenance work to entities which employ neighborhood residents.

The board, in its fiscal year annual report, shall report complete qualitative, quantitative, and statistical information about its activities and decisions, to include summaries of all committee activities. This report may include activities of the current year to the annual meeting for presentation at the annual meeting; this information would also appear in the subsequent fiscal year annual report of the year. Key here are the reasons for expenditures, costs of accomplishing covenant compliance, performance in accord to the bylaws, issues facing the board, the HOA and/or neighborhood, opportunities for the HOA and neighborhood. Useful lessons learned would be an excellent addition to the report.

The board shall provide copies of all draft and approved meeting minutes of the HOA within 15 days of each respective event.

The board shall henceforth make all HOA books, records, and papers (to include notices) available in electronic form and easily and timely distributable via email (or posting on its web site) in accord the law, bylaws, and covenants (declarations) when members shall request document copies or when the HOA publishes them.

The board shall make timely available to all committees use of the HOA marquee to communicate with members.

The board shall comply with COSA code and ordinances without demand.

Some Motions for Meeting

Some additional motions to be considered at the annual meeting might include:

SUGGESTED REVISION (changing one of the motions mentioned earlier):
CHANGE: The board shall provide copies of all draft and approved meeting minutes of the HOA within 15 days of each respective event.
TO: The board shall provide to all members copies of all draft and approved meeting minutes of the HOA within 15 days of each respective event via email or posting on its web site.

And some new ones:

In the current fiscal year the board shall install additional adequate lighting and physical controls of access to parking lot.

Upon opening of the Community/Recreation Center in the current fiscal year the board shall arrange for the daily presence of a HOA/neighborhood representative at the center on a scheduled basis.

The board shall establish this current year and sustain on a continuing basis a Community/Recreation Center Committee whose charter is the timely formulation, update, and publication of all board-approved operating policies and procedures for the Center.

Some Motions for Meeting

Some added:

The board shall fund a beautification program of wildflowers for the entire walking trail area.

The board shall incentivize, as necessary, and sponsor full committee staffing and a robust program of activities so as to further the mutual benefit of the HOA and the neighborhood.

The board shall formulate and commence this year and maintain a rolling biannual metrics program to show the trends and current status of covenant enforcement activities, and shall report quarterly to the members its performance.