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Subject: Who signs the Minutes?
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Author Messages
PetunkaM
(Florida)

Posts:1000


03/24/2020 2:10 PM  
We now have a Management companyand all minutes are signed by them instead of the BOD Secretary. Is this the acceptable/proper procedure? Thank you
MarkW18
(Florida)

Posts:706


03/24/2020 2:39 PM  
The Board Secretary is the one that should sign the minutes.
GenoS
(Florida)

Posts:3664


03/24/2020 3:09 PM  
I agree with Mark. The MC can sign the minutes but the Secretary should also sign them before putting them in with the other official records of the association.
JohnC46
(South Carolina)

Posts:9299


03/24/2020 3:23 PM  
Pet

The minutes must be approved by the BOD, then they can be released usually signed by the BOD Secretary.
PetunkaM
(Florida)

Posts:1000


03/24/2020 3:46 PM  
Thank you, but I really do not understand the Management Company powers and restrictions. The Management Company seems to be in charge of everything and the BOD is just in a shadow.

At least this is how I, and many other members, view it. Are they any guidelines you are aware of? E
KerryL1
(California)

Posts:7037


03/24/2020 4:07 PM  
Wow--how long has it been since you posted here, Petrunka?? Are you on the Board?

Others are right, the secretary signs the minutes, which are official records of the association.

What does your Association's contract say about the PM's duties? Remember that the MC is just another vendor among perhaps many that your HOA has engaged. But the Board is ultimately responsible for all of them and directs the PM. Not the other way around.

Most guidelines about your Board's duties & powers are in your Bylaws. Review them with others who're concerned.
PetunkaM
(Florida)

Posts:1000


03/24/2020 5:49 PM  
Wow--how long has it been since you posted here, Petrunka?? Are you on the Board?

Others are right, the secretary signs the minutes, which are official records of the association.

What does your Association's contract say about the PM's duties? Remember that the MC is just another vendor among perhaps many that your HOA has engaged. But the Board is ultimately responsible for all of them and directs the PM. Not the other way around.

Most guidelines about your Board's duties & powers are in your Bylaws. Review them with others who're concerned.

Hi Kerry,

no I am not on the board. Have no clue what the contract with the MC states. It has never been posted on our web site. Yes, am quite aware the BOD is ultimately responsible. Our By-laws are sketchy written in 1983.
Just want to note that we are turning into a socialist community because we are not even allowed to vote for the directors this year. And the minutes state" "All financials are in order' but no numbers. Just thought I mention it.

Please forgive me, for bragging about it. The e world has bigger problems. Hope you and California is doing well.
GeorgeS21
(Florida)

Posts:2299


03/24/2020 5:55 PM  
Nutty stuff petunka ... perhaps you should do more than writing for whatever to be posted to a website?

Good grief!
PetunkaM
(Florida)

Posts:1000


03/24/2020 6:27 PM  
One solution could be to hire an attorney to represent the owners' rights A few of us are seriously considering it.

Even one letter from an attorney to the MC company could go a long way, I think. But is this the best solution? I have no clue. Plus I do not know of any attorney that would be willing to represent owners in Florida. They all seem to represent the Associations for obvious reasons.
GeorgeS21
(Florida)

Posts:2299


03/24/2020 6:38 PM  
Silliness.

Attorneys will rep anyone they are paid to rep.
PetunkaM
(Florida)

Posts:1000


03/24/2020 6:44 PM  
George,

we have tried to contact a few HOA attorneys.

And the answer was all the same. ' We do not represent the owners, only the Associations'. At least this has been our experience in S. Florida, am sorry to say.

DeidreB
(Virginia)

Posts:76


03/24/2020 6:54 PM  
Petunka, if you or a group of owners wish to talk with a lawyer about legal options regarding your HOA, then you should find an attorney who has represented owners in court against their HOA. In my area anyway, most HOA law firms specialize in representing associations and will not represent an owner.

For starters, try Google searches for HOA lawsuits in your area and see what attorneys have won cases against an association and give them a call and see where it takes you.

PetunkaM
(Florida)

Posts:1000


03/24/2020 7:03 PM  
DeidreB,

thank you for your suggestion. Will do. Say Hi! to Virginia for me. Lived there for many moons and still miss it.

SheliaH
(Indiana)

Posts:3048


03/24/2020 7:16 PM  
Haven't you gone to the BOARD with any of these questions????? Assuming your community is now being run by the homeowners, you should have a right to review contracts (or at least get a general statement as to what the property manager does). Ditto for the financials - try asking for what you want. If the board refuses or tries to blow you off, it would appear they are the problem.

As for "not being allowed to vote this year," what DO your bylaws say? Bylaws are supposed to dictate how the HOA is run, so that's where you should find information on homeowner voting rights, how many people serve on the board and how long, how big your quorum has to be to hold an annual meeting, how elections are run, etc. If your documents don't even have that information, how did the current board come into power?

I have seen your name on other conversations before, so I would think by now you should have a good idea of how HOAs are supposed to work. Right now, it appears your property manager is running the show and the only way that stops is for the homeowners (all of you) to stand up and take charge. Start reading your documents and take some notes, then attend a board meeting (or several) with a few neighbors and start asking questions. You want to see more transparency in your community, you and your neighbors have to be willing to do the work. Good luck!
KerryL1
(California)

Posts:7037


03/24/2020 7:21 PM  
Sheila is absolutely right, Petrunka. It doesn't matter how old your bylaws are, read them. FL statutes also offer a lot of protections to Owners and we do have other FL posters who can maybe give you citations. I don't think you need a lawyer yet until, as a group, even just a few Onwrs start demanding their rights.
GenoS
(Florida)

Posts:3664


03/24/2020 8:00 PM  
Posted By PetunkaM on 03/24/2020 5:49 PM
Just want to note that we are turning into a socialist community because we are not even allowed to vote for the directors this year.

You realize that's not what "socialism" is, right? It's unlawful in Florida to prevent the owners from voting but that's not "socialism". Florida.... *sigh*
BenA2
(Texas)

Posts:613


03/24/2020 8:09 PM  
Posted By PetunkaM on 03/24/2020 3:46 PM
Thank you, but I really do not understand the Management Company powers and restrictions. The Management Company seems to be in charge of everything and the BOD is just in a shadow.

At least this is how I, and many other members, view it. Are they any guidelines you are aware of? E




According to the Community Association Institute, "The board sets policy and establishes a direction for the association, and the manager sees that the policies are implemented." To put it simply, the manager or management company works for the board, not the other way around. It seems a lot of managers don't understand this.

https://www.caionline.org/HomeownerLeaders/ResourcesforHomeownerLeaders/CAI.BoardMemberToolkit_2014.pdf
MarkW18
(Florida)

Posts:706


03/24/2020 8:15 PM  
Posted By BenA2 on 03/24/2020 8:09 PM
Posted By PetunkaM on 03/24/2020 3:46 PM
Thank you, but I really do not understand the Management Company powers and restrictions. The Management Company seems to be in charge of everything and the BOD is just in a shadow.

At least this is how I, and many other members, view it. Are they any guidelines you are aware of? E




According to the Community Association Institute, "The board sets policy and establishes a direction for the association, and the manager sees that the policies are implemented." To put it simply, the manager or management company works for the board, not the other way around. It seems a lot of managers don't understand this.

https://www.caionline.org/HomeownerLeaders/ResourcesforHomeownerLeaders/CAI.BoardMemberToolkit_2014.pdf



Actually Ben, the management company works for the Association, not the Board, under direction of the Board. Seems a number of Board members don't understand this.
PetunkaM
(Florida)

Posts:1000


03/25/2020 6:49 AM  
Thank you all for your input which is very helpful.

Actually our voting procedures are pretty straight forward.
1. Nominating Committee - appointed by the BOD- nominates 5 (five) directors.
2. Ballot, listing the directors, plus proxy, etc. is mailed out to the membership prior to the Annual meeting. (We can vote in person or by proxy).

This year:
The cover letter by the MC listed the 5 directors, but no ballot was included. The letter also stated that Nomination will not be taken from the floor.
Proxy states: This Proxy may not be used for voting for directors.

I emailed the MC asking why ballot was not included and Nominations from the floor are prohibited and was told that Nominations from the floor is a waste of time and the board stands.
KerryL1
(California)

Posts:7037


03/29/2020 12:45 PM  
Again, Petunka: what do your bylaws say? What do FL statutes say?
JohnC46
(South Carolina)

Posts:9299


03/29/2020 4:20 PM  
Pet

In many cases the BOD leaves all the "grunt work" up to the MC. As the MC works for the BOD, they may well be doing as the BOD wants.
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