Whisperwood Home Owner’s Association

Board Member
Election Policy for
January 21, 2025
Annual Members Meeting

Purpose
To outline the procedures and guidelines for the upcoming board member elections scheduled on January 21, 2025.

Requirements
In Texas, Homeowners Associations (HOAs) are governed by the Texas Property Code, particularly chapter 209, also known as the Texas Residential Property Owners Protection Act. When it comes to verifying mail-in and proxy ballots for electing the Board of Directors, the law provides specific guidelines to ensure fairness and transparency.

Key Requirements for Mail-In and Proxy Ballots:

  • Written and Signed: According to Section 209.0058 of the Texas Property Code, all ballots must be in writing and signed by the property owner to be counted. This signature serves as a verification method to confirm the voter’s identity and eligibility.
  • Verification Process: The HOA is responsible for implementing procedures to ensure
    that:

    • Only eligible members cast a vote.
    • Each member votes only once per lot or unit owned, unless the governing documents specify otherwise.
    • Ballots are securely collected and counted accurately.

 

  • Record Keeping: The association must retain the ballots for a specified period (usually around two years) in case of disputes or reviews. Members generally have the right to review the ballots, except in cases where ballots are cast secretly.

 

  • Proxy Voting: If allowed by the HOA’s bylaws, members may vote by proxy. Proxies must also be in writing and meeting specific requirements outlined in the governing documents and state law.

 

  • Election Timeline
    • Solicitation of Nominations
      Start Date: November 18, 2024 (3 weeks)
      End Date: December 9, 2024
    • Issuance of Ballot Guidelines and Instructions
      Date: December 10, 2024
    • Requesting Unique Numbered Ballots
      Start Date: December 10, 2024 (3 weeks)
      End Date: December 31, 2024
    • Ballot Submission Deadline
      Date: January 10, 2025
    • Election Day
      Date: January 21, 2025

 

  • Nomination Process
    Soliciting Nominations

    • Members are invited to submit nominations for board member positions between November 18 and December 9, 2024.
    • Nominations must be submitted in writing to the official WHOA post office box by the deadline, or by emailing whoalubbock@gmail.com, or by requesting one through the whoalubbock.org website

Additional Nominations

    • On January 13, 2025, during the meeting, the President will ask for any further nominations from the floor if a quorum is met. This is not a requirement and is optional.

 

  • Ballot Guidelines and Instructions
    • Requesting Ballots
      Starting December 10, 2024 and ending on December 31, 2024, members can request a unique numbered ballot specific to this election.

 

  • Receiving Ballots
    • Ballots will be issued by the Board Secretary upon request.
      • Ballot Verification Methods
        • Method 1: Notary
          Members can have their completed ballot notarized by a certified notary public.
        • Method 2: Photo Verification
          Members can submit their completed ballot with a copy of a valid photo ID for verification.
        • Method 3: Signature Verification
          In order to utilize this method, a signature must be submitted at time of ballot or proxy request. This allows the HOA to have a “signature on file” to compare against. Members can then submit their completed ballot with a signature for verification.
  • Returning Ballots
    All verified ballots must be submitted to the official WHOA Post Office Box by January 10, 2025.

 

  • Proxy Voting
    • Assigning Proxies
      Members may assign their vote to another member via proxy.
    • Proxy Limits
      Proxies can be specific or general and the proxy owner must make that determination known on the proxy itself.

 

  • Requesting Proxies
    Proxies must be requested through the same avenues mail-in ballots must be requested starting on December 10, 2024 and ending on December 31, 2024 .

 

  • Proxy Verification
    The proxy form must be presented with verification using any of the following methods:

    • Notary
    • Photo ID Verification
    • Signature methods.

Instructions and Tutorials
Detailed instructions on how to assign a proxy vote will be provided to all members.

  • Election Day Procedures

    • Collection of Ballots
      The Board designated third party will collect all ballots and proxies and hold them securely until January 13, 2025.
    • Quorum Verification
      After in-person voting is complete, ballots and proxies will be counted to determine if a quorum is met before votes are counted.

 

  • Meeting Opening
    The President will open the meeting and announce whether a quorum has been
    achieved.

    • Quorum Not Met Procedures
      Adjournment for Additional Ballots
      If a quorum is not met but is within 10% of the required number, the meeting may be adjourned temporarily (but not more than 30 days) to allow more ballots to be collected.
    • Continuation of Current Board
      If a quorum cannot be met, the President will ask current board members if they are willing to continue serving.
      Positive Response: The meeting will be adjourned.
      Negative Response: Further actions will be determined as per the organizations bylaws.

 

  • Quorum Met Procedures
    Additional Nominations
    The President will invite any additional nominations from the floor. If new nominations are made, ballots are counted for quorum purposes, but votes will not be counted until all candidates are finalized.

 

  • Vote Counting
    If no further nominations are made, the Board designated third party will proceed to count the votes.
    In any election for the board, each candidate may name one person to observe the counting of the ballots, provided that this does not entitle any observer to see the name of the person who cast any ballot, and that any disruptive observer may be removed.

 

  • Election Results
    • Announcement
      Results will be announced after all votes have been counted and verified.
    • Record Keeping
      All ballots and proxies will be retained securely for record-keeping purposes as
      per legal requirements.

 

  • General Guidelines
    • Member Responsibilities
      Members are responsible for adhering to all deadlines and verification procedures.
    • Communication
      All official communications will be sent via email and posted on the organizations website, and mailed by postal mail when applicable.

Support
For assistance, members can contact the Board for additional help or information.

Contact Information
Board Secretary
Email: whoalubbock@gmail.com
Phone: (806) 786-1579
Website
URL: www.whoalubbock.org

Comments are closed.