The proxy issued for the upcoming Pine Hollow HOA election stated, “You must be present to be on the ballot.” Texas law prohibits restricting an owner’s right to run for a Board position. The statement on the proxy may therefore be unlawful because it makes a person ineligible to have their name on the ballot if they do not attend the meeting.

In response to questions about this, the Pine Hollow HOA management company has clarified that all candidates who have submitted their names will be on the ballot and their votes will be counted. Therefore, if you were reluctant to nominate yourself or someone else because you or they could not attend the meeting, the apparent requirement that you must be present need not deter you.

In addition, the Pine Hollow HOA Association attorney has reportedly recommended that nominations from the floor not be taken.  According to the management company, an announcement will be made to that effect at the beginning of the meeting, despite this restriction not being noted in the proxy.

So, if you want to run for election and cannot attend the meeting, your name can be on the ballot. However, if you are waiting to nominate from the floor, be advised that this option may not be available.

It is unclear at this point whether the Pine Hollow HOA Board or management company intend to formally communicate these rules changes prior to the meeting. Guidelines subject to further change without notice, we assume. If we receive additional clarifications, we will pass them along.