Before completing this form, the attorney should complete the supplemental checklist (SC), form 24-19 in this chapter. Information called for in this form by item numbers corresponds with the same-numbered items on that checklist.
Notice of Special Meeting of Members on Amendments to Condominium Documents
A special meeting of the members of [SC item 44] (the “Association”) will be held on [date] at [time] [a.m./p.m.] at [location] (the “Meeting”). At the Meeting, the Unit Owners as the members of the Association (the “Members”) will vote on whether to approve amendments to the Condominium Declaration and the Bylaws (the “Amendments”). If a Condominium Unit is owned of record by more than one person, this Notice is being separately sent to each record owner, each being a Member (for example, separate Notices to each spouse or to each co-owner).
You are being asked to vote either—
1.in person (physically present)
or—
2.by proxy.
Attachments. Included with this Notice are the following materials:
• Amendments to Condominium Declaration and Bylaws with Officer’s Certificate and Voting Roll. The Voting Roll attached to this Notice will be completed by an officer of the Association based on the vote and attached to the Amendments after the vote; the Certificate will be executed by an officer of the Association and attached to the Amendments after the vote; and the Ballot for each Member voting on the Amendments will also be attached to the Amendments after voting.
• Proxy Form. Use this form only if you cannot be physically present at the Meeting but you wish to exercise or direct someone else to exercise your vote who can be physically present at the Meeting.
Instructions for Members Attending by Proxy. In lieu of your being physically present at the Meeting, you may appoint a proxy to attend for you and to vote on your behalf. If you are attending by proxy, attendance by the proxy will count toward a quorum. If you are voting by proxy, your vote will be made by your proxy at the Meeting, your proxy will sign the Ballot on your behalf, and the proxy’s signature will be notarized at the Meeting.
If you wish to act by proxy, fill out, sign, and return the proxy form or a copy of the signed proxy form before the Meeting to [name and address]. The attached proxy form has been prepared with blank lines for you to fill in to designate the name of your proxy and to set out any directive to your proxy. It also permits you to set out an alternative person to act as your proxy if your designated person does not attend the Meeting or cast your vote at the Meeting. If a Condominium Unit is owned of record by more than one person, each person will need to complete, execute, and return a proxy form.
Voting Instructions for Members Attending Meeting Other Than by Proxy. If you are physically present at the Meeting and voting, you will be requested to sign the Ballot and have your signature notarized. Notaries will be at the Meeting.
Recordation. If the Amendments are adopted, an officer of the Association will sign the adoption Certificate, attach the signed and notarized Ballots to the Amendments, and record them with the county clerk.
Officer’s Signature and Notarization Page to Meeting Notice
Sincerely,
[SC item 44]
By:
[SC item 37], Secretary
STATE OF TEXAS
COUNTY OF [county]
This instrument was acknowledged before me on [date] by [SC item 37], secretary of [SC item 44], a Texas nonprofit corporation, on behalf of the corporation.
Notary Public, State of Texas