Texas Property Code 209.0051: HOA Board Meeting Rules

Quick answer: Texas Property Code 209.0051 requires HOA board meetings to be open to owners. Owners must get notice of the date, hour, place and general subject of each meeting in one of two ways. The first is mailed notice 10 to 60 days before the meeting. The second is notice posted in the community or on the association's website, plus an email to every owner who has registered an email address, at least 144 hours before a regular meeting or 72 hours before a special meeting. The board can meet in a closed executive session only for a short list of topics, and certain decisions, including fines, assessment increases and foreclosures, can't be made outside an open meeting.

This guide walks through notice, executive session, meetings by phone or video, decisions made without a meeting, and what goes in the minutes. It's written for Texas boards that run their own meetings.

Does 209.0051 apply to your association?

Section 209.0051 applies to property owners' associations governed by Chapter 209 of the Texas Property Code, the Texas Residential Property Owners Protection Act. That generally means residential subdivisions where membership in the association is mandatory. It doesn't apply to an association subject to the Texas Open Meetings Act (Government Code Chapter 551). During the developer control period, only certain parts of the section apply. Confirm with your attorney if your developer still controls the board. Condominiums fall under different chapters of the Property Code. Confirm your association's status with your governing documents / your attorney.

A board meeting under the section is a deliberation between a quorum of the voting board (or a quorum of a committee acting in the board's place) where association business is considered and the board takes formal action. A social gathering where no formal action is taken isn't a board meeting.

Notice: two ways to do it

Every notice must state the date, hour, place and general subject of the meeting. You can deliver it either way:

Most self-managed associations use Method B because it's faster and cheaper. The statute makes it each owner's duty to keep an updated email address registered with the association. Keep a dated screenshot of the website posting or a copy of the email as proof. Confirm the exact wording with the statute / your attorney; the text was last significantly amended in 2021 (S.B. 1588), and it's worth checking for anything newer.

For setting the date and time, see how to schedule an HOA board meeting. For the agenda, see how to create an HOA meeting agenda.

Meetings must be open, with limited exceptions

Regular and special board meetings are open to owners. The board can adjourn into a closed executive session only to discuss:

• personnel matters;
• pending or threatened litigation;
• contract negotiations;
• enforcement actions;
• confidential communications with the association's attorney;
• matters involving the invasion of privacy of individual owners;
• matters that are to remain confidential by request of the affected parties and agreement of the board.

After the executive session, the board must return to open session. Any decision made in the executive session has to be summarized orally and recorded in the minutes in general terms, without breaching owners' privacy. For how to record that, see HOA executive session minutes.

Meetings by phone or video

A board meeting can be held by phone, video conference or similar technology if:

• each board member can hear and be heard;
• owners can hear the discussion, except during an executive session;
• the notice explains how owners can join.

Decisions without a meeting, and what can't be decided that way

The board can take some actions without a meeting, including by email or electronic vote, if every board member has a chance to express an opinion. Any action taken this way must be summarized in the minutes of the next board meeting.

The statute bars certain decisions from being made that way. They must be made at an open meeting with proper notice:

Confirm the current list with the statute / your attorney. In short, anything that costs an owner money or takes away a right belongs in an open meeting.

What to put in the minutes

Good Texas board minutes should show:

1. How notice was given. State the method (mail, or posting plus website or email) and the date.
2. Who attended, including how each director participated (in person, phone or video).
3. Each motion and vote, with the result. See how to record a motion and vote.
4. A general summary of executive-session decisions, without private details.
5. Actions taken without a meeting since the last meeting, summarized.

Sample minutes entry: Notice of this regular board meeting, stating the date, hour, place and general subject, was posted at the community mailbox kiosk and on the association website on [date], at least 144 hours before the meeting, as required by Texas Property Code 209.0051. The board met in executive session from [time] to [time] to discuss pending litigation. On returning to open session, the president reported that the board authorized counsel to [general description]. Since the last meeting, the board approved by email vote on [date] a contract with [vendor] for [service] (vote: 4-0).

For a full template, see what to include in HOA meeting minutes, and for the broader picture, HOA open meeting laws by state.

Quick checklist for Texas boards

1. Decide on your notice method and stick to it.
2. Post regular meetings at least 144 hours ahead, or mail 10 to 60 days ahead.
3. Include the date, hour, place and general subject.
4. Put fines, assessment increases, foreclosure, the budget, officer elections and similar items on an open-meeting agenda, never an email vote.
5. Keep executive sessions to the listed topics, and report decisions in general terms.
6. Record email votes in the next meeting's minutes.

Self-managing a Texas HOA? HOA Fiscal's guide to self-managing an HOA covers the accounting and owner-communication side.

This is not legal advice. Confirm your association's obligations with the current Texas Property Code, your governing documents and your attorney.

FAQ

How much notice does a Texas HOA need to give for a board meeting? Mailed notice 10 to 60 days before, or notice posted in the community or on the website plus an email to registered owners at least 144 hours before a regular meeting (72 hours for a special meeting).

Do Texas HOA board meetings have to be open to homeowners? Yes. Regular and special board meetings must be open, except for executive sessions on the topics the statute allows.

Can a Texas HOA board vote by email? For some matters, yes, if every board member can express an opinion, and the action is recorded in the next meeting's minutes. Fines, assessment increases, foreclosure, budget approval, officer elections and similar decisions must be made at an open meeting.

What can a Texas HOA board discuss in executive session? Personnel, pending or threatened litigation, contract negotiations, enforcement actions, attorney communications, owner privacy matters, and matters kept confidential by agreement.

Can a Texas HOA hold board meetings by Zoom? Yes, if board members can hear each other, owners can hear the open portion, and the notice explains how to join.

Cover: Photo by Diego Ramirez on Pexels