Every now and then, homeowners will want to call for an HOA special meeting. Unlike the annual meeting and board meetings, special meetings don’t take place regularly. Only a few things can trigger a special meeting, and requirements can vary from one community to another.
What is an HOA Special Meeting?
A homeowners association special meeting is a type of formal meeting that takes place outside of regular meetings. It is different from the HOA annual meeting and the board meetings.
The purpose of a special meeting is to address specific issues within the community. These issues typically require the attention of the board or the homeowners. Issues can range from emergencies and unexpected board vacancies to financial concerns or decisions that need urgent approval.
Unlike other meetings, special meetings focus solely on one or two topics. Different meetings have a long agenda, with various topics. Special meetings, on the other hand, are more straightforward.
Special meetings are not limited to HOAs. Condo associations can also call special meetings, depending on both state laws and the governing documents.
Common Reasons for Calling a Special HOA Board Meeting
There are several reasons an association might need to hold a special meeting. These meetings help the board and members make timely decisions on issues that can’t wait for the next scheduled session.
Reasons include filling a board vacancy or removing a board member, approving or revising the annual budget, amending the governing documents, emergency assessments or repairs, and responding to legal matters. Let’s discuss these below.
1. Filling a Board Vacancy or Removing a Board Member
When homeowners wish to remove a board member, they must call for a special meeting. This typically requires a petition and a vote. When a director is removed or resigns, the board may also need to meet immediately to appoint a replacement. This can also take place at a special meeting.
2. Approving or Revising the Annual Budget
Generally, approving the annual budget occurs at the annual meeting, but it can also happen at a special meeting. This usually happens when budget revisions require later approval. Additionally, if the board must amend the budget mid-fiscal year, a special meeting allows owners to review and vote on the changes.
3. Amending the Governing Documents
Amendments don’t happen often, but when they do, the process usually begins with a special meeting. At this meeting, the board will present the amendment to the CC&Rs or bylaws before taking a vote from the membership.
4. Emergency Assessments or Repairs
Major repairs or urgent expenses that exceed the current budget may require a special vote. If the board plans to levy special assessments, the vote must also take place at a board or special meeting.
5. Responding to Legal Matters
Associations may need to meet at a special meeting to address violations, lawsuits, or other legal issues. The agenda should reflect the topic/s to be covered at the meeting.
Who Can Call an HOA Board Special Meeting?
In general, an association’s governing documents should state who has the authority to call a special meeting. The CC&Rs or bylaws, in particular, should outline this information. That said, for most associations, the following parties can request or initiate a special meeting:
- The board president or a majority of the board members.
- A specified percentage of homeowners (usually between 10% and 20%) who submit a written petition to the board.
This process ensures that both the board and the membership can raise urgent matters when necessary. For instance, if homeowners want to discuss a board action they disagree with, they can gather signatures and request a special meeting to address it formally.
HOA Special Meeting Notice and Agenda Requirements
Like any official HOA meeting, a special meeting must follow notice and agenda requirements. These requirements can be found under state laws and the governing documents. Notice is essential, as it promotes transparency and fairness for everyone in the community.
Typically, homeowners must receive written notice between 10 and 30 days before the meeting. This notice must include the date, time, location, and purpose of the special meeting. It must also consist of the HOA special meeting agenda.
This agenda sets the expectations of the attendees. Only the topics listed on the agenda can be discussed or voted on. Anything outside of the listed topics should be tabled for a different session. This prevents unrelated issues from taking center stage before members have time to prepare.
In some states, there are specific rules for special meeting notices. For example, Texas Property Code Section 209.0051 requires 72 hours’ notice for special board meetings (other than emergencies). Failure to follow proper notice rules can lead to challenges or even invalidate decisions made during the meeting.
Boards should review both state laws and their governing documents before calling a special meeting. When in doubt, it is best to hire an HOA management company or consult legal counsel to ensure compliance.
Quorum and Voting Rules in Special Meetings
For a special meeting to proceed and be valid, a quorum must be present. The quorum requirement can vary from association to another, but the bylaws typically define it. It represents the minimum number of board members required to conduct official business.
If a meeting fails to reach a quorum, the meeting can proceed for discussion, but no binding votes can take place. This makes homeowner participation crucial. Special meetings often require clear majority votes for decisions, so it is imperative to ensure high attendance or, at least, allow proxy voting.
Furthermore, discussions and votes held at a special meeting must be properly documented in the meeting minutes. These minutes, in turn, become part of the association’s permanent records.
HOA Special Meeting Procedures and Best Practices
Conducting an HOA special meeting can come as a challenge for amateur boards. Here are some tips and best practices to adopt to make things easier.
- Follow a Structured Agenda. Limit the discussion to the topics listed in the meeting notice.
- Record Accurate Minutes. Documentation is key. Write down who attended, the motions made, and the results of each vote.
- Encourage Participation. Remind homeowners why their attendance matters. Their input and vote can have a considerable impact on community decisions.
- Stay Compliant. Make sure the meeting procedures align with both state laws and the association’s governing documents.
Word of Warning
An HOA special meeting is an important part of effective community governance. It allows board members and homeowners to address urgent matters quickly, avoiding the consequences of delayed action. That said, it is critical to follow proper procedures, especially regarding notices, agendas, quorum, and voting.
Sometimes, getting professional help is the best course of action. HOA Explore makes it easy for associations to find HOA management companies. Use our online directory today!
