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BarbaraB10 (California)
Posts: 117
Posted:


Is it customary for a board of directors to approve the Oct regular board meeting minutes at the annual membership meeting?

Is it customary for a board of directors to approve executive session minutes from the day before the annual membership meeting?

Who should approve the annual membership meeting minutes - members or the board?

Thanks

JeffR7 (California)
Posts: 251
Posted:
Board members should be approving all owners meeting.

Owners meeting is not a board meeting and therefore board can't approve previous months minutes at that meeting. What you can do is schedule a board meeting at say 6:55 with the only agenda item to approve minutes, and schedule all owners meeting at 7:00
BarbaraB10 (California)
Posts: 117
Posted:
Thanks very much Jeff.

I like the alternative you provided of holding a short meeting before the annual meeting.

Where did you get the information? (civil code, etc)
CarolR11 (Colorado)
Posts: 2,563
Posted:
Hmmmm, the minutes for our annual membership meetings are approved the following year by the members. I think that's the correct way to do it??
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By BarbaraB10 on 11/15/2011 4:27 PM

Is it customary for a board of directors to approve the Oct regular board meeting minutes at the annual membership meeting?

Is it customary for a board of directors to approve executive session minutes from the day before the annual membership meeting?

Who should approve the annual membership meeting minutes - members or the board?

Thanks


Minutes of an executive session should be read and approved only in another executive session. Never in a public meeting.

Board meeting minutes should be read and approved in a board meeting.

General membership meeting minutes can be approved by the board in a board meeting if your bylaws allow this. Otherwise, only in another members meeting.
JeffR7 (California)
Posts: 251
Posted:
Tim, thanks for posting those links.

I think approving annual meeting by the board makes more practical sense. If not done you shouldn't post or distribute these minutes for the whole year.
TimB4 (Tennessee)
Posts: 21,047
Posted:
Quote:
Posted By JeffR7 on 11/15/2011 6:28 PM

If not done [approved] you shouldn't post or distribute these minutes for the whole year.

Jeff,

This varies by State and Board members should check applicable laws.

In VA, the board must make draft minutes of meetings available to the membership within 60 days of the meeting or when distributed at the next meeting whichever occurs first.

BarbaraB10 (California)
Posts: 117
Posted:

Thank you everyone for the replies.

Thank you Tim for posting the links.

To my knowledge, the board has never read the regular board or annual minutes nor the executive session minutes during any regular meeting in the years I've lived here.
They do not go through the 'process' of dispensing with reading minutes, just the process of approval.

You bring up a good point about executive session minutes. If correction was required, I imagine that someone on the board might make a motion to postpone approval.
To avoid this altogether in an open meeting as well as the potential to compromise privileged information, I believe that ex session minutes should be approved in executive session.

Also, I question why the ex session minutes had to be approved so quickly.
Less than 24 hours was barely enough time for the secretary to type and distribute them let alone enough time for directors to review them for accuracy and error.

BarbaraB10 (California)
Posts: 117
Posted:
Tomorrow's agenda reads: 'Approval of minutes ex session Nov 4th and approval of Annual meeting minutes Nov 5th. There does not need to be a 2nd to approve minutes per Roberts Rules.'

Can anyone shed light as to why the Nov 4th ex session minutes are on the agenda again or the purpose to include the statement about Roberts Rules?

BarbaraB10 (California)
Posts: 117
Posted:
Please bear with me and I apologize for TMI. I've had a moment of clarity and I'm connecting the dots.

My comments in the owners forum were omitted from the Oct minutes. I prepared my remarks and put them aside for the Nov board meeting when I expected to have the opportunity to request correction in this month's regular board meeting.

Annual meeting: The agenda notice for the annual meeting was posted for 30 days+ in a format not generally used for the meetings - it was an announcement type of notice in large font, centered, very nice. The notice stated that the only known items of business were annual reports and nominees. The same notice was also published in our newsletter. I left town expecting to return 2 days after the meeting and gave my proxy to a neighbor. Missing the meeting gnawed at me so I got home about 40 minutes prior to the meeting. Imagine my surprise and unpreparedness when the agenda handed out at the annual meeting was formatted as usual with the Oct BOD mins and ex session minutes up for approval. These items of business were not on the posted agenda when i left town at noon on 11/2.

I gave the office a letter dated the monday after the annual meeting about Oct correction of minutes and minutes approval on the agenda @ the annual meeting. I also received a receipt for the letter. Remarks in the letter concerned the secretary. The secretary intends to reply to my letter in the meeting as indicated on the agenda. My letter was the ONLY item under new business, lost in a sea of white paper.

I requested a copy first thing monday morning. I didn't review the agenda until this evening when I saw 2 additions under new business. The revisions / changes / additions agenda was posted between saturday afternoon when I left the clubhouse and Monday morning before the office opened.

I have posted here about the agenda problems in our HOA before and literally felt crazy for doing so. Of course I have no proof that Saturday's agenda is different from Monday's unless another resident can confirm.

It is possible and most likely that tomorrow's agenda will be even different from the one copied on monday. This is a constant sore spot. Anything put on the agenda after Saturday at 1pm will not be compliant with the spirit of the law.

The M.O. use to be that additions made to the agenda after initial posting were hand-written in on the notice. The annual meeting notice and tomorrow's board meeting notice were/are computer generated and because of that, any alterations made after initial posting gives the appearance that all items were there all along.

Any thoughts or comments? Thanks for reading the long post.

TimB4 (Tennessee)
Posts: 21,047
Posted:
Barbara,

I reviewed CA law known as the Common Interest Development Open Meeting Act.

I think that the language within the law about the agenda must create a huge headache for any Board in CA. I applaud any Association that is able to fully comply with that law.

The issue in your Association might be the individual doing the notices and making the agenda just not understanding the law or not having a format to follow. Perhaps you can volunteer your time to work with them on complying with the law.

BarbaraB10 (California)
Posts: 117
Posted:
>>>Perhaps you can volunteer your time to work with them on complying with the law. <<<

Thank you Tim! That is a positive solution.

For the record, prior secretaries including myself, had no problems adhering to the agenda notice requirement.

I have volunteered to assist with anything that can be delegated to a 3rd party -without success- but it would be my pleasure to offer again.
Perhaps volunteering during a meeting instead of privately with individual directors will gain better support.

Thanks again!

LeeS7 (Texas)
Posts: 1
Posted:
My wife and I have a home in Texas and the development has a HOA, There are only 31 homes in this development. My wife serves as a board member and is the secretary to the board. Because the development is so small the board members
also serve on the ARC committee. The President lives in the area and has been elected 2 time in the 10 years of the HOA existence Simply because no one wants the job and they all live out of town. Well we had a new home being built in the
development and it was not conforming to the building guidelines, so to make the story short the other board members (cousins) of the President allowed the building to be build. Well we had a HOA meeting on Nov 14th and found out that the board had a meeting without informing my wife who is the secretary of the board, and found out that the president changed several building guide lines that were to protect views, and had wording in the CC&R to give the President full power to pick council chairs, Which were the same three people on the board. We are a non-profit corp in Texas, Where there laws broken? also I thought all board members were suppose to be notified.
TimB4 (Tennessee)
Posts: 21,047
Posted:


Lee,

Your post would be better served as a new topic since it doesn't have anything to do with when minutes are approved.
BarbaraB10 (California)
Posts: 117
Posted:

Today's meeting was a welcome breath of fresh air. I have to give partial credit to 3 board members elected in 2010 who have worked to change out-of-control spending and member apathy. My letter addressed concerns about agenda notices and additions, the need to audio record for accuracy, and other issues. When there were 7 directors voting as the president wished from 2008 thru 2010, any dissenting or contrary opinion from the membership was viewed harshly by the board and it alienated many owners from speaking up. We became cynical. It was the main source of owner apathy and lack of participation. Who would want to jump into the lion's den when nothing would be accomplished?

Today's meeting was contrary to tone of the last 3 years of meetings under the leadership of the past president who is now our secretary. I was very nervous and my throat tightened but I read my prepared remarks with sincerity from my heart. My final comments contained that I was willing to volunteer for any job that could be delegated to a 3rd party. I volunteered to share my knowledge with any board member or owner and that I volunteered to supply information pertaining to crimes in our community which is currently under consideration for publication in the newsletter (oddly enough, this would entail email correspondence with the secretary). I took the first step in volunteering to work with her. I was overwhelmed with the positive comments by other board members which set the tone for the remainder of the meeting. The air is clear and to me, I am very hopeful that things will improve.

There were at least 10 owners who followed suit to make suggestions & improvements on how to solve the various issues. I could feel the tension leave my body.

There is a total stranger named Tim from Virginia to whom I give the rest of the credit.

Without your input about volunteering, the meeting could have had a different outcome.

Thank you Tim!

TimB4 (Tennessee)
Posts: 21,047
Posted:
Barbara,

I'm glad it worked out for you.

I also thank you for the kind words. I just happened to be the one who posted the suggestion as I know others would have if I didn't.

I always liked what GlenL had as his signature for a long time that basically said members of the Association are either part of the solution or part of the problem. I believe that most want to be part of the solution and you have provided an example that my belief is correct. Thank you.

Tim

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