ElizabethP2
(Texas)
Posts:2
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| 07/16/2008 7:55 PM |
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Does anyone know if there are any legal issues with posting HOA board meeting minutes on a website that is viewable by the public?
I know that posting any private information about homeowners would be a "no-no" but if the minutes do not contain "sensitive" information is that a problem?
Thank you  |
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DeborahW1
(Michigan)
Posts:9
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| 07/16/2008 8:03 PM |
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I don't think there's any legal reason you couldn't post it to an open site.
We (we're a Condo association) post our minutes on a website that's open to the public, and I know of several other HOA's and condo association's who do. I know somes even post their budget that way (we don't).
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JoeC6
(Florida)
Posts:11
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| 07/16/2008 8:58 PM |
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| Ours are posted within a few days of them being approved at the subsequent board meeting. They are never posted before accepted by the board. |
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DonnaS
(Tennessee)
Posts:2852
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| 07/17/2008 8:56 AM |
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Elizabeth,
What do you mean by "a public website"? Is it a website that belongs to your association? Is there registration and passwords for the association members to log in? If so, then it is not a public website and it belongs to the membership because it would be paid for by membership dues. Therefore, minutes and any other association documents should be available for the members to view and use. That is information which greatly helps the Board get it into the members hands and in turn, helps in having an informed membership. |
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BradP
(Kansas)
Posts:1742
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| 07/17/2008 11:20 AM |
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Posted By ElizabethP2 on 07/16/2008 7:55 PM Does anyone know if there are any legal issues with posting HOA board meeting minutes on a website that is viewable by the public? I know that posting any private information about homeowners would be a "no-no" but if the minutes do not contain "sensitive" information is that a problem? Thank you
Elizabeth:
As Donna said if it is a members only website or password protected I see no issues with it. If it is just an open website I would not do it. I don't think you want and or need random people from being able to see your business for a variety of reasons. |
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SusanW1
(Michigan)
Posts:2183
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| 07/17/2008 1:47 PM |
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Well, it's done all the time (minutes posted).
Why do you think the general "public" would be interested?
"Properly" worded minutes are cut and dried. No opinions, arguments, discussions, gonna dos or wish lists - JUST the motion stated, vote taken and pass or fail. Pretty boring, really.
If you want to hear all the juicy details (discussions, fights, debates, etc) then attend the meetings. Other than that, the minutes are the legal record of the corporation and eventually anyone could get a copy. |
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MaryA1
(Arizona)
Posts:2259
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| 07/17/2008 2:59 PM |
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| My assn has a very nice website that anyone can access. However, the board minutes and a number of other items are only accessable to members. The gov. docs., architectural guidelines, newsletter, community calendar and events can be viewed by anyone. |
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MicheleD
(Kentucky)
Posts:1722
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| 07/17/2008 4:33 PM |
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I love HOAs that publish their meeting minutes on open, public sites.
It's a convenient way to compare our processes, etc. with other HOAs.
I was able to get some really good examples of Rules & Regulations because of it, too. |
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BrianB
(California)
Posts:1742
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| 07/17/2008 4:35 PM |
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i don't believe there are any legal reasons not to do so,and it certainly isn't a crime to my knowledge. there may well be plenty of business reasons not to do so, but as stated, a good set of minutes holds about as much interest as a US savings account lately.
in general, very few businesses publish their board minutes on a public website, and there's probably smart reasons for what they do...after all, they make billions of dollars every year, so they do something right. |
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TonyM3
(Arizona)
Posts:131
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| 07/17/2008 5:24 PM |
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Posted By MicheleD on 07/17/2008 4:33 PM
I love HOAs that publish their meeting minutes on open, public sites. It's a convenient way to compare our processes, etc. with other HOAs. I was able to get some really good examples of Rules & Regulations because of it, too.
I agree, and can't think of any reason not to. Except if you're a person who doesn't want to be found I suggest to avoid getting your name on the record.
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BradP
(Kansas)
Posts:1742
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| 07/18/2008 6:39 AM |
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I can think of a couple good reasons not to post minutes so they are available for public view:
1. lets say I am interest in a house in your neighborhood and look through the minutes and see a pattern of lugnuts making bad business decisions. Being the prudent person I am I would not but in that neighborhood even though I loved the house and the area. The HOA has now in effect interfered in the sale of a home indirectly. If such nonsense was present in the minutes it will have a real effect on potential buyers.
2. This one is based partly on my own experience...Let's say Lady A lives in your association with her new husband and attends a meeting and gets involved in the public forum and her name is now in the record. Lets assume Lady A's crazy ex husband is looking for her, stumbles across this and finds her. Lets assume Lady A has gone to great lengths to make sure her name is not on any legal documents because of this real fear of her ex and has asked the association previously to help protect her.
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KirkW1
(Texas)
Posts:1145
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| 07/18/2008 7:59 AM |
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1. lets say I am interest in a house in your neighborhood and look through the minutes and see a pattern of lugnuts making bad business decisions...
2. This one is based partly on my own experience...Let's say Lady A lives in your association with her new husband and attends a meeting and gets involved in the public forum and her name is now in the record.
1. If you are prudent, you will go look into the minutes ahead of purchase regardless of their existence on the internet. I would advise anyone purchasing in an HOA controlled area to do so before purchase.
2. Her name should only be on record is she actually made or seconded a motion. But I fail to see how that is the association's problem. If she is concerned about her name being on record, then get someone else to make the statement. Again, for all she knows, her ex husband will get a copy otherwise. |
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TonyM3
(Arizona)
Posts:131
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| 07/18/2008 9:49 AM |
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Anyone not looking into an HOA when they buy a home is ignorant. Full disclosure is important and an HOA with easily accesible minutes is about as transparent as it gets.
The odds lady A will go screaming her name in public are slim to none. |
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BradP
(Kansas)
Posts:1742
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| 07/18/2008 10:11 AM |
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Tony and Kirk:
In your opinion it is ok for the HOA to give minutes and any HOA documents to prospective buyers, even those members are the only ones entitled to this information? |
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KirkW1
(Texas)
Posts:1145
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| 07/18/2008 10:28 AM |
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| I absolutely have no issue with someone not associated with our organization peeking inside. I might as well feel that way as I can't stop the outflow of that information. We have 309 owners any one of which can choose to put the information into the public domain without any consent from me anyway. |
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TonyM3
(Arizona)
Posts:131
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| 07/18/2008 10:35 AM |
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Posted By BradP on 07/18/2008 10:11 AM
...even those members are the only ones entitled to this information?
Our docs don't say anything about whose entitled to what except that a member can request to review the books for good reason...
The association has nothing to hide so we have all documents on our website, minus any personal info of course. We believe that having the health of our HOA out in the open gives our members a sales advantage and the association a reputation for transparency that preceeds it.
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