House Bill (S)

Authored by

DIGEST

Homeowners association proxies. Allows a proxy executed by a member of a homeowners association to be submitted by: (1) hand delivery; (2) United States mail; (3) facsimile; or (4) electronic mail or other electronic means. Provides that if: (1) a meeting of a homeowners association is called in accordance with the requirements of the association's governing documents; (2) a purpose of the meeting is the election or appointment of members of the board of directors; and (3) the number of members attending the meeting does not constitute a quorum; the members of the board at the time of the meeting Homeowners association proxies. Allows a proxy executed by a member of a homeowners association to be submitted by: (1) hand delivery; (2) United States mail; (3) facsimile; or (4) electronic mail or other electronic means. Provides that if: (1) a meeting of a homeowners association is called in accordance with the requirements of the association's governing documents; (2) a purpose of the meeting is the election or appointment of members of the board of directors; and (3) the number of members attending the meeting does not constitute a quorum; the members of the board at the time of the meeting may continue to serve until their successors are selected and qualified, regardless of the length of any board member's term or the number of terms served. Provides that the failure of a homeowners association to achieve a quorum at a meeting does not exempt any member from, or create an affirmative defense for any member with respect to the member's obligations: (1) under the association's governing documents; or (2) to otherwise abide by covenants regulating: (A) the use of real estate; or (B) the payment of assessments. Provide that if a homeowners association's governing documents permit both the association and members of the association to enforce provisions of the governing documents, the homeowners association has authority both: (1) as a corporation or an entity; and (2) as derived from the members of the association's board; to enforce the governing documents. Makes conforming amendments. ... View more