Electronic Voting Statute

Texas Property Code - Chapter 209 - adds 209.00592 and 209.00593 - Membership Voting (Absentee and Electronic Voting) - Historically, Homeowners have been limited to voting by casting ballots at a meeting either in person or by proxy. New Sections 209.00592 and 209.00593 now authorize Subdivision HOAs to conduct Homeowner voting by absentee ballots and electronic ballots (in addition to casting ballots in person or by proxy at a meeting). Such statutes also establish certain procedures for conducting absentee voting by mail and electronic voting using email or the internet, and allow votes cast in absentia or electronically to count towards a quorum requirement.

Virtual Meeting Statute

Texas commonly permits corporations, and nonprofits to conduct remote and virtual meetings. Remote meetings contingent on an association’s articles of incorporation, charter, or bylaws. The Texas Nonprofit Corporation Act governs nonprofits about corporate structure and procedure. Homeowners associations in Texas must be organized as nonprofit corporations. Condominium associations in Texas may organize as either for-profit or nonprofit corporations. Contact your association’s attorney to see what your community’s options are for virtual meetings based upon your governing documents.

Applicable Statute: Nonprofit Corporation Act

2017 Texas Statutes BUSINESS ORGANIZATIONS CODE TITLE 2 – CORPORATIONS CHAPTER 22 - NONPROFIT CORPORATIONS

Sec. 22.002. MEETINGS BY REMOTE COMMUNICATIONS TECHNOLOGY. Subject to the provisions of this code and the certificate of formation and bylaws of a corporation, a meeting of the members of a corporation, the board of directors of a corporation, or any committee designated by the board of directors of a corporation may be held by means of a remote electronic communications system, including videoconferencing technology or the Internet, only if:

(1) each person entitled to participate in the meeting consents to the meeting being held by means of that system; and

(2) the system provides access to the meeting in a manner or using a method by which each person participating in the meeting can communicate concurrently with each other participant.

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