Here, we’re going to dig into the particular notice requirements for the two most common, and important, meetings: your board meetings and annual member meetings. Please note that each state has different requirements for how meetings should be noticed, and that your association might have additional rules that you will need to follow when holding meetings. However, the following information will give you a good overview of the statutorily mandated requirements for Texas and Arizona.
Board Meeting Notice Requirements for Texas
In Texas, notice for both regular and special board meetings needs to be emailed to homeowners and posted (online or conspicuously in the community) at least 72 hours before the beginning of the meeting. This means that if it’s 3:00 p.m. on Monday, and your board wants to send a notice for a meeting at 2:00 p.m. on Thursday, it’s too late. You’ll have to reschedule! The board also has the option to mail the meeting notice more than 10 days, but fewer than 60 days, before the date of the meeting.
However, when planning when to send your meeting notice, keep in mind that your community’s governing documents might have stricter requirements than these state laws. For instance, if the governing documents require notices to be sent by email 96 hours before the meeting or by mail 14 days before the meeting, these rules will need to be followed. However, if the governing documents are less strict than the state law (such as by providing a seven-day mailing rule), the minimum state requirements (10 days) will need to be followed instead.
A board meeting notice should include the time, date, location, and general subject matter of the open session and executive session. This requirement can be met by including the meeting agenda with the notice.
While not required by state law, noticing regular board meetings to board members might be required by the association’s governing documents, so it’s always important to check! Additionally, note that special meetings do need to be noticed to board members because they are not held according to a predetermined, reoccurring schedule.
Board Meeting Notice Requirements for Arizona
In Arizona, board meeting notices must be sent at least 48 hours before the start time of the meeting. The notice should be sent to members by newsletter, conspicuous posting, or a similarly reasonable means, such as an eblast to the association.
A board meeting notice must include the date, time, and place of the meeting. Notice of executive sessions is also required, and should identify the specific paragraph(s) of the statute that allows the board to meet in executive session. This can be done by including an agenda with the meeting notice.
Notice of regular board meetings isn’t required to be given to board members by Arizona law. However, the HOA’s governing documents might make this a requirement! Like in Texas, special board meetings need to be noticed to both the membership and the board.
Annual Meeting Notice Requirements for Texas
According to Texas law, notices for annual membership meetings must be sent by U.S. mail at least 10 days but not more than 60 days before the meeting date. Again, governing documents might be stricter, and if so, they must be followed.
The notice for an annual meeting should include the date, time, place, and agenda for the meeting. If allowable, the proxy form and/or absentee ballot should also be included. If board members will be elected during the meeting, the candidate solicitations should be sent to the association 10 days before the annual meeting notice is sent, which should also be 20 days before the annual meeting date.
Annual Meeting Notice Requirements for Arizona
According to Arizona law, an annual meeting notice should be sent by U.S. mail (or hand delivery) at least 10 days but not more than 50 days before the annual meeting. The notice should include the date, time, and location for the meeting, as well as the meeting agenda and any accompanying forms.
Proxy forms cannot be used for voting in Arizona; however, absentee ballots and in-person voting are allowed, and these forms should be sent to homeowners at least seven days before they must be completed and returned to the board.
While there is no state statute that requires board candidate solicitations to be sent at a particular time, your association’s governing documents might dictate distribution practices. If not, keep in mind that solicitations for candidates should be sent in plenty of time for homeowners to respond to the call for candidates, for candidate names to be listed on the absentee ballot, and for their biographies to be sent to the membership. A good rule of thumb is to send board candidate solicitations approximately 60 days before the day of the meeting.
We hope this breakdown of board and annual meeting notice requirements has been helpful to you! As always, if you have any additional questions, you can contact your community manager. Next week, we’ll be discussing tips for holding a successful board meeting—we hope you’ll join us!