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| Sunday, September 07, 2008
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| Author |
Messages |
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NicoleO4
(California)
Posts:137
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| 06/15/2008 4:27 PM |
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I am new... and curious for advice on a few levels.
We as a whole get along but as with every hoa there are those of us who look at thing differently! We recently had a discussion in our open meeting that was clearly outlined in our minutes.
The minutes were approved and mailed out.
There was a homeowner who was angry about an issue and rightfully so. We approved something without proper investigation. I actually was the one notified.
I forwarded the email as and FYI about the erroneous decision and spoke to the homeowner directly to thank him for his email and assured this would be discussed at the next meeting.
This was the end of it or so I thought. One board member emailed us all with some stuff that he knows who originally suggested the improper action. It won't make a difference legally as he did approve the minutes. In the legal world we live in, this is called CYA. But when minutes are approved doesn't that more or less say that "you agree" that this is accurate? |
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SusanW1
(Michigan)
Posts:1533
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| 06/15/2008 5:49 PM |
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No; "approval" means only a confirmation of what was done at the meeting. the Board is affirming that those are the facts of the meeting.
A motion was made and passed. If you find out later that the motion is not do-able, or was wrong, simply amend or recind the motion at the next meeting.
No need for anyone to get their shorts in a twist. (Amending takes majority of vote; Recinding a motion takes 3/4 vote of the Board) |
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NicoleO4
(California)
Posts:137
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| 06/15/2008 7:51 PM |
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Posted By SusanW1 on 06/15/2008 5:49 PM
No; "approval" means only a confirmation of what was done at the meeting. the Board is affirming that those are the facts of the meeting.
A motion was made and passed. If you find out later that the motion is not do-able, or was wrong, simply amend or recind the motion at the next meeting.
No need for anyone to get their shorts in a twist. (Amending takes majority of vote; Recinding a motion takes 3/4 vote of the Board)
No; "approval" means only a confirmation of what was done at the meeting. the Board is affirming that those are the facts of the meeting.
***I meant to say that when we approve minutes that we are stating that the minutes reflect what was said. The homeowner after approving them was going against his original approval. For what I feel was legal CYA. Our whole board was not knowlegable to this, and it's ok. We can ammend actions as you said. |
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SusanW1
(Michigan)
Posts:1533
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| 06/15/2008 8:06 PM |
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What people SAID they would do, or want to do, or will do, should not be in the minutes. ONLY the actions of the board should be stated in the minutes. Conversations, opinions, side comments, casual conversations should NOT be in the legal record of the association.
(A side conversation recorded in the minutes cost us $12,000 in a lawsuit - a sharp lawyer caught the president's side comment about a situation and we lost the court case!)
So it should not be "Bill said he would mow the lawn for the subdivision" Instead, it should read, "Motion was passed that Bill mow the lawns for the subdivision for free."
The President and especially the Secretary should make sure the minutes reflect only board actions. Ask that a motion be made about the issue, if the secretary is confused as to whether there is need to record it as a board action.
Your minutes sound like they are too long and detailed.
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