Get 1 year of free community web site hosting from Community123.com!
Monday, December 06, 2021











HOATalk is a free service of Community123.com:

Easy to use website tools to help your board
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: BOD Meeting Minutes Approval
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
RoseC
(Florida)

Posts:4


02/26/2006 4:27 AM  
Our Community is in FL. Wondering if there is any law against approving Board of Directors Meeting Minutes via email. It they can be approved via email how would this be noted on the Final copy of the minutes?
DonaldD2
(New York)

Posts:2


02/26/2006 9:40 AM  
Based on something I read regarding Robert's Rules of Order our BOD uses the following procedure. A draft of the minutes (clearly labeled DRAFT) is emailed to each board member by the secretary. Any changes requested are emailed back to her and the final version is composed. It is then approved at the next BOD meeting. Only then is it signed by the secretary and becomes the official version of the minutes. What I found surprising (based on my inexperience)was that the minutes should not be signed by the secretary until corrected and approved. This eliminates the need for ammendments except in rare cases and takes advantage of email.
RogerB
(Colorado)

Posts:5067


02/26/2006 1:34 PM  
In Colorado the QUARTERLY Board minutes for HOAs we manage are approved by email. The approval is documented in the minutes of the next Board meeting. This procedure provides current information for the Board, Owners and prospective Buyers.

RogerB
BarbW
(Minnesota)

Posts:9


03/14/2006 7:24 AM  
I would like to add a question about this same topic. Is it legal for the BOD to approve minutes at their special meetings? In the last few months I noticed the board does not approve minutes at the monthly meeting, they have their own special meeting unattended by homeowners and approve the minutes there.
If this is not legal, how do we stop it? We have an association attorney that doesn't seem to notice or care so it wouldn't do any good to talk to him.
RogerB
(Colorado)

Posts:5067


03/14/2006 8:07 AM  
Proper conduct of a board meeting is to approve the minutes of the last meeting; and if they forget to do so then do it at the next meeting. Doesn't matter if it is a regular or special board meeting. Why are you so concerned? Do you think your board is trying to hide something that is more important than when they approve minutes?
BarbW
(Minnesota)

Posts:9


03/14/2006 1:59 PM  
More important than that, they wait until close to four weeks to distribute the minutes from the last meeting and then when we do get to see them, they have already been approved before the next monthly meeting. My concern is, I attend every monthly meeting, I feel the board waits for a very long period of time to publish the minutes so you tend to forget what was said at the meeting and therefore can not make any corrections. OR am I wrong, are the homeowners not allowed to make any correction to the minutes? This is why I think they approve before hand so we can not say anything different.
RogerB
(Colorado)

Posts:5067


03/14/2006 3:28 PM  
Barb, generally corrections to board minutes are only allowed by board members. Yes, people can forget all the business conducted, motions, votes, and what action items were assigned to the various board members. What was said during discussion is usually not included in the minutes. I don't like to see minutes prepared after several weeks. We take minutes for HOAs we manage and they are e-mailed within 24 hours to the board members and owners who request them. One advantage of using a good management company is that YOU could promptly receive minutes and provide comments.

Roger
EdR
(Texas)

Posts:170


03/14/2006 7:29 PM  
RogerB:
What would you do if your MC (who take the Minutes) conveniently leave out crucial information, but put in ridiculous personal character attacks by members just to appease the president and vice versa? For instance, when I was on the BOD, I asked at an annual meeting why the secret written ballots had been opened prior to the meeting; the MC agent said they were not, then returned from the room where the other votes were counted and said "oh, I forgot, I lied, they were opened at our office (all along). This was left out of the Minutes, yet a disgruntled member who attacked a director for warning members of the association of how their monies were being spent (wasted) (this appeared to be an orchestrated event between pres. and MC agent) was spelled out in entirity in the Minutes. The Minutes also falsely stated that the membership had chosen four election judges. The election judges were pointed out by the MC agent and the president when they asked for a show of hands of who wanted to monitor--the membership didn't choose. A qualified, trained election judge volunteered and was ignored, BTW. Now the agent will not correct the Minutes--isn't this grounds for dismissal and of course, the colluding directors don't force the matter?
EdR
RogerB
(Colorado)

Posts:5067


03/14/2006 8:53 PM  
Ed, you know what is needed - get rid of them.

The Agent nor the President has authority which prevents you from making a motion to correct the minutes of a members meeting at the next members meeting. If the motion is seconded and passes then the minutes must be corrected as you specify in your motion before they become the official minutes.

Roger
EdR
(Texas)

Posts:170


03/15/2006 1:04 PM  
RogerB:
You know you would be a hero if you told us exactly how to do that! I am no longer on the board, and have written a letter to the Board from me as a member giving them reasons why we should interview other MCs--both times a suit was threatened against someone for pointing out the MC's incompetencies (against a former employee, against a guy on the board for asking another MC if they'd like to bid, etc.). If anyone would just establish a law out there in this country which made the MC "on their own" instead of indemnified by the board's insurance, we could do something. Maybe even having the assn. vote on the MC would help, because it would take the president out of the "conflict of interest/being in bed with" situation that seems to be the boxing ring that we always have to deal with. Any ideas along the lines of realistic approaches would be helpful. Again, I know all MCs aren't and can't possibly be like this one.
EdR
RogerB
(Colorado)

Posts:5067


03/15/2006 1:42 PM  
Ed, my realistic approach is for members to remove the bad Directors from the Board. Then, if the MC is not doing the job get rid of them as soon as the contract allows. Get bids from MCs based on a detailed RFP with a detailed agreement which includes a termination clause that either party may terminate upon 30 days written notice without penalty and without cause.

It is unrealistic to have the members rather than the board hire the MC. It is unrealistic to try to get an agreement which does not indemnify the MC unless you really want to pay a much higher price than if you indemnify them.

One thing that would help is for courts to not accept frivolous suits and a law that states those attorneys who lose shall not receive any fees. These are my unrealistic dreams

RogerB
EdR
(Texas)

Posts:170


03/16/2006 7:05 AM  
RogerB:
Removing bad directors is also easier said than done. I agree it is the answer. Unfortunately, a slate of directors (pres.) signs the MC contract in end of Dec. or first of Jan. and election is in Feb. The MC is already in there NOW by signature of previous pres. and I cannot get a copy from them, but have heard it is for 18 months--don't know about the 30-day termination. The other very bad thing about our assn. is that there is no one who wants to be on the board anymore. The present board does not have control of the assn., the monies or the MC. The MC has control of all of that now. That wouldn't be such a bad thing if the MC had appeared to work unbiasedly and maybe had taught the pres. some ethics if they knew them. They would not have an 18-month contract if the pres. hadn't been in collusion with them and now she is replaced by a three-year termer who seems to be in the same wave length. We just have a corrupt majority and I have little hope of it turning around unti the assn. sees that their money is gone and the outsiders have more rights to their amenities than they do (and this is true!). We get turned down to use our own tennis courts, pool, and clubhouse because someone has booked it for an outsider. I cannot have a pool party for my child's class because a the swim team needs to practice and almost half are from outside, and of course they hold the calendar open for that, so never a chance of getting on the calendar before they do. The former pres. and now new one are ST advocates, so the pool still doesn't belong to the owners. I understand this is happening other places--do you know how they handle it?
EdR
HenryD3
(Florida)

Posts:35


06/21/2021 10:01 PM  
Roger,
Your post is from MANY years ago but my question is - how can you send minutes out to the owners, if the meeting minutes have not been read and approved by the Board, which is not done until the next meeting?
DouglasK1
(Florida)

Posts:1689


06/22/2021 7:16 AM  
Posted By HenryD3 on 06/21/2021 10:01 PM
Roger,
Your post is from MANY years ago but my question is - how can you send minutes out to the owners, if the meeting minutes have not been read and approved by the Board, which is not done until the next meeting?


I don't think any of the posters from this thread are still active on this forum.

Escaped former treasurer and director of a self managed association.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > BOD Meeting Minutes Approval



Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement