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Subject: Minutes from Board Meetings
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Author Messages
LouH1
(Michigan)

Posts:203


08/23/2021 6:15 PM  
Here's the problem. We have voted to have our minutes stored with the managers and taken off a Condo webside (in our community) and these Board Meeting Minutes minutes
will be distributed, to co-owners upon request to the Managers. I don' think our co-owners will like this change and I know I don't.
the problem is we all voted for this as we each had different interpretations of what this meant. I thought it meant we would take all the older minutes off that have not been "cleaned up" which means removal of opinions, names, judgemental comments etc. It has been quite a process to say the least. So, I thought out co-owners would still be able to get on our website and look at minutes from the meetings from the past year forward and see what has been happening on our Board. Wrong.....this vote was for ALL current minutes and ALL ones in the future.

I am beside myself and think our co-owners will not be happy with this plan and they should have a say in one of the benefits they have enjoyed for probably 25 years. This Board is not really interested in what the co-owners think.

What do you guys think? Is there some law or rule that says we (Board) can't do this? I have tried to change the motion to no avail. My husband is the Webmaster and is stalling, but we are running out of time. Is there anything we can do?

Thanks so much!!You guys are always so helpful, especially AugustinD!!!!

Lou
KerryL1
(California)

Posts:8734


08/23/2021 6:37 PM  
Who voted to take the minutes off the website, Lou? The Board? You're on it, right? WHY were were they removed from the website?

There's no rule or law that says Assn. minutes must be available to owners on the website in CA and probably no law or rule in in your state either. If like CA, draft minutes must be available to owners upon written request 30 days after the relevant meeting.
GregM14
(Washington)

Posts:77


08/23/2021 6:57 PM  
Legally, I don't believe you can clean up former minutes that have been approved by the board as the official meeting minutes for the meeting. They are a permanent record.
AugustinD


Posts:1937


08/23/2021 7:37 PM  
-- A director can always make a new motion that trumps the prior, passed motion and then see if a majority of the directors votes for the new motion.

-- If a majority won't do this, then I think you are out of luck. I think it's best to chalk it up as a loss and move forward to the next topic.

-- If a Board majority votes thusly, then I agree it's unfortunate that recent Minutes won't be available to members except by request. I think not providing recent Minutes to members in an easily accessible way discourages participation.

-- Maybe next year's board will see things differently.


TimB4
(Tennessee)

Posts:17856


08/23/2021 8:29 PM  
Lou,

Two comments:

1) As Aug posted, nothing is preventing you from make a motion to post the minutes to the website.

2) As Greg pointed out, I think it's difficult for a board to simply clean up past minutes. If desired, they should be rewritten and voted on by the existing board. Those minutes should include something along the line of:

Approved as amended by the board on mm/dd/yy


Mind you, If you needed said minutes for a legal issue, the first question that would likely be asked is "why were the minutes amended x months/years after the fact?"
CathyA3
(Ohio)

Posts:2607


08/24/2021 5:13 AM  
We've done it both ways in our community, and each method has its benefits and drawbacks.

It's less work overall for homeowners who want to see the minutes to sign up for the email distribution list - it's one and done as long as they keep the same email address, and the minutes arrive in their in-boxes without any further work. The downside is that the minutes may get lost in a flood of other email that the person receives unless they're pretty disciplined about organizing their email.

The problem with community websites is that they come and go. An energetic board creates one, and after several years nobody is maintaining it (no time, no skills, don't want to pay for the cost). The only exceptions I've seen are in states that require HOAs/COAs over a certain size to maintain a website, or the community is large enough to have some for-profit portions that require a web presence (golf courses and the like). So you can't assume that web storage is permanent unless the association takes steps to make it so.

One possible exception: some version of cloud-based storage, but you still need to pick your solution wisely as internet/software companies also can come and go. (I do expect Google to survive an asteroid strike, though.)

So either method works, there isn't anything magic about either one.
SheliaH
(Indiana)

Posts:4297


08/24/2021 10:55 AM  
Weren't any of you paying attention when the motion was made? It's one thing to vote on something like " we'll keep a year's worth of minutes on the website at any time (the oldest month would drop off) and older minutes will be available upon written request" vs. "we'll remove inappropriate language from the minutes" - and as others have said, you shouldn't be changing the older staff because minutes are supposed to be an accurate reflection of what happened during the meeting. If you weren't sure what the motion really meant, why didn't you speak up before the vote was taken?

You've written about your minutes before and by now, you know opinions, name-calling, and that stuff shouldn't be on there at all, but if we're talking about older minutes, it's probably too late to do anything about them now, because they were officially approved, as others have noted. The time to review and correct the documents is during the meeting in which they're up for approval, and then you would indicate the minutes were approved with corrections. No one should be coming back to those minutes two or three months after the fact saying "uh, I just realized I said X about so and so, and I'd like that removed from the minutes."

At this point, you'll just have to state the board recognizes that some of the minutes written before X date may not reflect proper formatting. Going forward, minutes will only reflect the decisions the board made during the meeting - if you have specific questions on an issue, please contact a board member.

On the other hand....was there an issue with storage because you have several years' worth of minutes on the website? If so, it would probably be easier to keep up the last year's worth and anything older than that would be dropped off, but still available upon written request. At your next meeting (not three or six months from now), y'all probably need to revisit this issue again and this time make sure everyone's on the same page as to what you're going to do going forward. And for heaven's sake, read (again) older posts on this website or Google "board meeting minutes" so whoever prepares them will understand what's expected. Better yet, write a board resolution to that effect and vote on it, so there's no question on what's appropriate.
LouH1
(Michigan)

Posts:203


08/24/2021 1:06 PM  
THE MINUTES WE CLEANED UP WERE NOT YET APPROVED.
LouH1
(Michigan)

Posts:203


08/24/2021 1:11 PM  
As Always....perfect answer! Thank you!

Lou
KerryL1
(California)

Posts:8734


08/24/2021 1:11 PM  
What is the exact wording of the motion to remove minutes from the website, Lou?
LouH1
(Michigan)

Posts:203


08/24/2021 1:22 PM  
Can't remember exactly, I think it was simple, like ....move to remove all minutes from the website and give them to co-owners upon request....I think. Why does this matter? Thanks!
BenA2
(Texas)

Posts:1114


08/24/2021 4:01 PM  
If your state law or governing documents do not require the minutes to be posted on your website then the board can vote not to post them. It does not matter whether or not it is a good idea. I personally agree with you but if the majority of your board does not want them on the website, that is all that matters. The only recourse is for the owners to vote them out at the next election if they are not happy.

As long as the majority is not violating any rules or laws, we have to accept their decisions.



MaxB4
(California)

Posts:1614


08/24/2021 4:35 PM  
I can't understand the arrogance of some people who run these HOA's.
MichaelS56
(Minnesota)

Posts:306


08/24/2021 4:40 PM  
Why remove the minutes from being accessed by the Owners. How does help build trust between the Board and the Owners?
JohnC46
(South Carolina)

Posts:11667


08/25/2021 9:05 AM  
To me it is more of a problem, time, and effort to respond to one requesting a copy of the Minutes then it is to post them to your web site for all to see. I say post them.
KerryL1
(California)

Posts:8734


08/25/2021 9:30 AM  
I sure agree with you, JohnC, but Lou's board already has voted. Sure Lou can ry to rescind that vote, but it doesn't sound like th rest of the Board will change its mind.

I just wonder, Lou: why doesn't the board want them posted?
AugustinD


Posts:1937


08/25/2021 9:51 AM  
Posted By KerryL1 on 08/25/2021 9:30 AM
Sure Lou can ry to rescind that vote, but it doesn't sound like th rest of the Board will change its mind.
I agree this is worth a try. Even better, perhaps try a Motion to Amend. As interested, see

http://www.rulesonline.com/rror-06.htm

https://www.dummies.com/careers/business-skills/roberts-rules-for-rescinding-or-amending-something-previously-adopted/

LouH1, thank you for the kind words.
AugustinD


Posts:1937


08/25/2021 9:53 AM  
Posted By LouH1 on 08/24/2021 1:06 PM
THE MINUTES WE CLEANED UP WERE NOT YET APPROVED.
I can see why you put this in all caps.

If there is a recording of the meeting where this motion was passed, can you post here exactly what the motion was? Then folks can pile on and opine about whether the board properly interpreted the motion.
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Forums > Homeowner Association > HOA Discussions > Minutes from Board Meetings



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