Meeting/Voting

 

You will need your Access Key to vote. If you don't have a key, contact your organization's election administrator.

 

(a) notice of any Annual or Special meeting of the Association shall be given to each registered Owner or Owner of record at least twenty (20) days, but not more than sixty (60) days prior to an Annual or Special meeting in accordance with the requirements of  Article XV, Section 8 herein. 

 

(b) an Annual or Special meeting shall be held to :

 

(1)   accept and hear from any candidates declaring for open seats on the Board of Directors,

 

(2)   discuss and debate any planned expenditures, ballot referendums, initiatives, proposed changes to governing documents and to

 

(3)   hear motions to add additional ballot items.

 

(c)   a polling period will follow with such polling period to be completed and votes counted no later than 6 weeks after the Annual or Special meeting in accordance with the requirements of  Section 11 herein. 

The notice must specifically include the following elements for a vote to be valid:

 

(a)   the meeting date location and time;

 

(b)  the polling start and end date.

 

(c) a preliminary list showing all matters to be voted on and the voting options ;

 

(d)  instructions on how unregistered members can register or and how registered members can update their registration;

 

(e)   In addition:

 

(1)      if the ballot is to include the Election of Directors, the notice must include the number of vacant director seats to be filled, a call for volunteers and nominations, the names and addresses of the directors that are still in office , and the names and addresses of any initial volunteers or nominates, and a link or a copy to any candidate statements provided by the candidates;

 

(2)      if the ballot is to include budget or spending approval, the notice must a link or a copy of the proposed budget or spending and the proposed assessment rate, a copy of the actual spending for the prior two years, and a year to date spending for the current year;

 

(3)      if the ballot is to include capital improvement expenditure, the notice must include a link or a copy of the proposed capital improvement, specifications, the costs, locations, and bids;

 

(4)      if the ballot is to include Amendment of the Bylaws or C&R, Building Standards, Design Requirements, or Community Rules, the notice must include a link or a copy to the proposed amendment or changes showing the original and proposed text. 

 

The communication of a notice in the manner provided in this Article shall be considered notice served.

All candidates and all points of view are entitled to equal access to the Members in order to ensure fair campaigning.   Any Member may submit a position paper or letter to the board of directors prior to a meeting or a vote notice and this document will be presented along with any others, in an orderly fashion.

 

 

Section 9: Ballots

 

code sent to e-mail on vile with Mgmt company.  Voting starts 3/1/2022-3/15/2022.   https:secure.electionbuddy.com/1234-ABCD-5678-EFGH.

 

Members will be provided with the option to vote by electronic ballot and by mail. Electronic ballot means a ballot  given by e-mail, facsimile, or posting on an Internet website for which the identity of the property owner submitting the ballot can be confirmed; and for which the property owner may receive a receipt of the electronic transmission and receipt of the owner's ballot.  If an electronic ballot is posted on an Internet website, a notice of the posting shall be sent to each owner that contains instructions on obtaining access to the posting on the each owner that contains instructions on obtaining access to the posting on the website.

 

All votes cast must be in writing and signed by the Member.  Electronic votes cast constitute written and signed ballots (as per Texas Property Code Sec. 209.0058).

 

 

Section 11: Tabulation, Confidentiality and Access to Ballots, and Archiving

 

Ballots shall be tabulated by one or more independent tabulators, individuals who are not a candidate in a contested election or who are otherwise the subject of an association vote, or related to a candidate within the third degree by consanguinity or affinity.

 

The tabulators shall not disclose to any other person how any individual voted.   A person other than an individuals who tabulates votes may be given access to the ballots cast in the election or vote only as part of a recount process authorized by law.

 

All ballots shall be archived in a sealed enveloped in the Association record and may only be opened as part of a recount process authorized by law.

 

 

Section 5: Winner Determined by Plurality

 

Except as provide in Section 7, once a quorum is constituted, a plurality of votes shall determine the winners. A majority is not required.  In the event of a tie, a coin toss will determine the winner.  

 

Section 6: Sixty-seven percent (67%) Majority Required to Determine Winner

 

For any action by the Association regarding the following matters,  approval of sixty-seven percent (67%) of the owners will be required to approve an action allowing the Association :

 

(a) to dedicate or transfer all or any part of the Common Properties to any public agency, authority or utility as provided in Article VI, Section 3;

 

(b)  to levy a Special Assessment as provided in Article VII, Section 5;

 

(c) to operate without a managing agent;

 

(d)  to materially amend the Declaration of Covenant and Restrictions. An addition or amendment to the Declaration shall not be considered material if it is for the purpose of correcting technical errors or for clarification only.  An eligible mortgage holder who receives written notice to approve additions or amendments to the Declaration who does not deliver or mail to the requesting party a negative response within three (3) days of receipt shall hereby be deemed to have approved such requests.

 

(e)   to amend a Design Requirement in Article VIII or a Community Covenants  in Article IX.