Announcements

Electronic Voting Bylaws Amendment Q/A

Why now?

 The 2025 Annual Meeting takes place in the Fall within one year of the last meeting in September 2024 when three board members were elected. Electronic voting will enable voting participation by more homeowners in the upcoming election for two board seats of five total. The board needs time to define and share the process with WSO without being in a rush and to support its goal of step-by-step transparency.

Why are proxies being sent to Bryan Cox, Board Secretary instead of the property management company?

Our bylaws state that it is the role of the Board Secretary to count and confirm votes by HOA homeowners/members. Though it is typical for HOA property management companies to assist by outsourcing this process, the board remains aware of problems with the handling of proxies in the 2024 election. To make sure that the bylaw amendment process is clear, transparent and legally compliant, we have had all communications and the proxy form approved explicitly by legal counsel. Further, we have verified the list of homeowners against which proxies and votes will be checked as well as engage a different vendor to mail the required notices. 

Electronic Voting (if approved) will make the proxy process unnecessary as early voting via Absentee Balloting that can be done via the new WSO web site as well as by email.

What are the deadlines?

June 14th for getting your proxies to Board Secretary, Bryan Cox at 1503 Ambling Trail[address].

June 24th if you want to attend the Special Meeting and vote there. If you send in a proxy earlier and end up attending the meeting, your vote at the meeting is what counts toward the quorum and vote.

Why a Special Meeting? Can’t this be done in a regular open board meeting?

Regular open board meetings do not require a quorum for the board to act on matters within its scope of decision making (e.g., approving a budget). A bylaw amendment can only be made by attendance of a quorum of HOA members (homeowners) or by proxy. The quorum definition per WSO bylaws calls for attendance or assigned proxies by at least 30 HOA members with a majority voting in favor to pass. Further, Texas law requires written legal notice postmarked at least 15 days in advance of a Special Meeting. This why every HOA member will be receiving a copy of the proposed amendment, an explanation of the change and a proxy form in the mail.

Is adding Electronic Voting a presage to other changes?

In the near term, the answer is “No.” This is primarily being driven for convenience of voting participation and a process that is transparent and more easily verifiable.

How will Electronic Voting actually work?

The new WSO web site has the capability of creating an electronic ballot that allows registered and verified HOA members to cast one vote per property. This will be in the name(s) of the property owners separate from other registered users in residence. A ballot form will also be emailed to HOA members who may return that to a designated contact at the property management company or the Secretary of the Board with their voting selections within an allowed voting period prior to the open meeting where votes will be tallied.

Do I need to attend the Special Meeting?

Any HOA Member is encouraged to attend the meeting, but it is not required. The primary purpose to legally ballot the proposed amendment, so in that sense a valid proxy is the best way to participate. Board members will be in attendance to officiate the process. If you have questions or concerns, those are best posed prior to the meeting to any board member or by sending an email to wsohoa@gmail.com where they will be answered.

How many votes are required for the amendment to be approved?

According to the bylaws, a quorum would be at least 30 HOA members in attendance at the Special Meeting or by proxy. A majority vote would be 16 votes at a minimum.

Having said that, the board would appreciate a greater participation by sending in your proxy by June 14th as past amendment attempts have not met with success. In response, the board has chosen a single, enabling change for the benefit of everyone.

What about the Declarations, Covenants, Conditions and Restrictions (DCCRs)?

This is a separate governing document primarily outlining the “rules” for the neighborhood. As such, its quorum requirements are much higher per Texas law (2/3rds or 199 of 295 WSO homeowners) wherein a majority is needed to amend. This document refers to what are called “Design Standards” which allows the Architectural Control Committee (ACC) and Modifications Committee flexibility to define standards that do not contradict what is already written. The ACC is now working on this document as it determines what is considered a violation. Based on an approved version of this document and known legacy errors (e.g., references to the City of Pflugerville) there will be a proposed DCCR amendment at some point in the future. However, the ability to vote by electronic means, makes this both more realistic and to make sure all voices are counted.

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