The end of the year is quickly approaching and for many POAs that means the annual meeting is upcoming. The annual meeting provides members the opportunity to come together, hear from their directors on the board and typically elect new directors. But for some, hiccups can appear in the process. In this article, we offer a few tips to help you avoid some of those hiccups that can quickly derail the annual meeting.

Send a Proper Notice

The foundation for a successful annual meeting is laid down by ensuring members are given a properly issued notice. Sec. 209.0056 of the Texas Property Code outlines the requirements POAs must meet for the notice. The notice must be sent out at least 10 days and no more than 60 days prior to the meeting. If there is an election or vote outside of the meeting, the notice must be sent no less than 20 days before the meeting. Sec. 209.0056 supersedes any contrary requirements in the dedicatory instruments.

Since Chapter 209 of the Property does not apply to condominium associations, condominium associations should look to their bylaws for the notice requirements on meetings. If there is not a notice provision, the condominium board should consult with its legal counsel on what process should be followed to ensure proper notice goes out to members.

What should be included in the annual meeting notice? While Sec. 209.0056 does not offer any specific requirements regarding what should be included in the notice, board members and community managers should use the Texas Property Code provision on open board meetings, Sec. 209.0051 as a guide for what to include in the notice. The annual meeting notice should include the date, time and place of the annual meeting and general description of what is to occur. For POAs hosting their annual meeting virtually, details on how members can access the meeting must also be included.

Failure to meet the notice requirements can result in delays to the original planned meeting date or time, or if the notice requirements are not met and the annual meeting still occurs, potential litigation or being forced to conduct the meeting again.

Finalize the Agenda Before the Day of the Meeting

Organization is a key component to the success of any POA meeting, but especially the annual meeting. Ensuring everyone involved in the meeting knows and understands their role before the meeting begins is crucial. Misunderstood roles can lead to chaos and an unhappy membership as a result.

In the days and weeks leading to the annual meeting, the management company team and board should be collaborating closely on all aspects of the meeting and the agenda. They will need to answer questions about when and where the meeting should take place. Will there be virtual components to the meeting? Is there a board position up for vote this year? If so, how will the vote be held and managed? The answers to some of these questions may be outlined in the POA’s bylaws. For others, a consensus needs to be reached and reflected in the agenda before the day of the meeting.

An organized and final agenda allows the meeting to run more smoothly and helps garner trust amongst the membership.

Embrace Technology, Not Debate

A positive aspect to come out of COVID was the rise in virtual meetings. Virtual meetings have helped to improve the efficiency of annual meetings and allow more members to attend and participate in the POA process.

POAs should consider moving their annual meetings to a virtual meeting platform. The platforms provide more efficiency in tracking attendees, as well as providing forums for the members to more efficiently ask questions of the board and management company staff. The platforms also help those who might be hesitant or shy about asking questions to type their questions, ensuring their voice is heard. In addition, should issues arise during the meeting due to disruptions from the audience, the platforms provide the ability to mute members of the audience and, if necessary, safely remove the person from the meeting.

As technology options increase and become more cost effective, POAs should embrace the options available to improve their services for their members and avoid the debate and unnecessary disruptions that can arise from an in-person meeting.

The annual meeting should be a smooth process for all POAs. By ensuring that a proper notice has been sent, the agenda is finalized, and today’s technology is embraced, the annual meeting can be a highlight of the year. For questions relating to the laws governing the annual meeting process or for clarification on what is in the POA’s bylaws related to the annual meeting, it is recommended to contact the POA’s legal counsel for further information.