Get 1 year of free community web site hosting from Community123.com!
Saturday, April 04, 2020











HOATalk is a free service of Community123.com:

Get 1 free year community website and email newsletter hosting from Community123.com!
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Who Can Get Minutes of a HOA Meeting
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
AlexL1
(Florida)

Posts:305


08/03/2009 7:11 AM  
Some homeowners have asked for a copy of the Minutes of the meeting. Is this legal that Minutes can be given out to anyone?
JeanneK3
(Maryland)

Posts:562


08/03/2009 7:21 AM  
Most boards want complete transparency and are happy to give out minutes. Further, many boards post minutes on a community web site or bulletin board. It becomes a way for the board to communicate with homeowners.
Jeanne
GlenL
(Ohio)

Posts:5491


08/03/2009 7:21 AM  
Yes of course they are entitled to them, as long as they have been approved and are the final minutes (not draft). You may be able to charge them copying costs and postage check CC&R's and applicable laws. More importantly why wouldn't you want to give them out; what do you have to hide?

Studies show that 5 out of 4 people have problems with fractions
AlexL1
(Florida)

Posts:305


08/03/2009 7:59 AM  
The reason I asked this was that some Board members had stated that they are NOT to be given out... If any home owner wanted to see them, they could go to the Management office and LOOK at them there ONLY.
JohnK3
(Pennsylvania)

Posts:967


08/03/2009 9:39 AM  
>>>If any home owner wanted to see them, they could go to the Management office and LOOK at them (there ONLY).<<<

This sounds like docs language allowing Membership to examine HOA documents. Is it?

But I'll bet that the language does not prohibit the distribution of minutes to Membership.
GlenL
(Ohio)

Posts:5491


08/03/2009 9:39 AM  
According to section 718.111(B) The Association the Board member is right however the very next section contradicts it. I would err on the safe side and provide the copies.

(b) The official records of the association shall be maintained within the state for at least 7 years. The records of the association shall be made available to a unit owner within 45 miles of the condominium property or within the county in which the condominium property is located within 5 working days after receipt of written request by the board or its designee. However, such distance requirement does not apply to an association governing a timeshare condominium. This paragraph may be complied with by having a copy of the official records of the association available for inspection or copying on the condominium property or association property, or the association may offer the option of making the records of the association available to a unit owner either electronically via the Internet or by allowing the records to be viewed in electronic format on a computer screen and printed upon request.

(c) The official records of the association are open to inspection by any association member or the authorized representative of such member at all reasonable times. The right to inspect the records includes the right to make or obtain copies, at the reasonable expense, if any, of the association member. The association may adopt reasonable rules regarding the frequency, time, location, notice, and manner of record inspections and copying. The failure of an association to provide the records within 10 working days after receipt of a written request shall create a rebuttable presumption that the association willfully failed to comply with this paragraph. A unit owner who is denied access to official records is entitled to the actual damages or minimum damages for the association's willful failure to comply with this paragraph. The minimum damages shall be $50 per calendar day up to 10 days, the calculation to begin on the 11th working day after receipt of the written request. The failure to permit inspection of the association records as provided herein entitles any person prevailing in an enforcement action to recover reasonable attorney's fees from the person in control of the records who, directly or indirectly, knowingly denied access to the records for inspection. Any person who knowingly or intentionally defaces or destroys accounting records that are required by this chapter, or knowingly or intentionally fails to create or maintain accounting records that are required by this chapter, is personally subject to a civil penalty pursuant to s. 718.501(1)(d). The association shall maintain an adequate number of copies of the declaration, articles of incorporation, bylaws, and rules, and all amendments to each of the foregoing, as well as the question and answer sheet provided for in s. 718.504 and year-end financial information required in this section on the condominium property to ensure their availability to unit owners and prospective purchasers, and may charge its actual costs for preparing and furnishing these documents to those requesting the same. Notwithstanding the provisions of this paragraph, the following records shall not be accessible to unit owners:

1. Any record protected by the lawyer-client privilege as described in s. 90.502; and any record protected by the work-product privilege, including any record prepared by an association attorney or prepared at the attorney's express direction; which reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the association, and which was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings, or which was prepared in anticipation of imminent civil or criminal litigation or imminent adversarial administrative proceedings until the conclusion of the litigation or adversarial administrative proceedings.

2. Information obtained by an association in connection with the approval of the lease, sale, or other transfer of a unit.

3. Medical records of unit owners.

4. Social security numbers, driver's license numbers, credit card numbers, and other personal identifying information of any person.

Studies show that 5 out of 4 people have problems with fractions
MaryA1


Posts:0


08/03/2009 9:45 AM  
Alex,

Glen posted the 718 statute. The 720 statute also allows for member inspection and copying of records: 720.303(5) Bottom line: your board member was wrong in stating a member could not have copies of the minutes and that they could only view them at the mgmt co office. A member must be given copies if requested however, they most likely will have to pay for the copies.
DonnaS
(Tennessee)

Posts:5671


08/03/2009 9:48 AM  

Alex,

I am suprised at your Board's answer to the Statute--"Inspection of Records"

It is 720;303 "(5) INSPECTION AND COPYING OF RECORDS.--The official records shall be maintained within the state and must be open to inspection and available for photocopying by members or their authorized agents at reasonable times and places within 10 business days after receipt of a written request for access. This subsection may be complied with by having a copy of the official records available for inspection or copying in the community. If the association has a photocopy machine available where the records are maintained, it must provide parcel owners with copies on request during the inspection if the entire request is limited to no more than 25 pages.

(a) The failure of an association to provide access to the records within 10 business days after receipt of a written request creates a rebuttable presumption that the association willfully failed to comply with this subsection.

(b) A member who is denied access to official records is entitled to the actual damages or minimum damages for the association's willful failure to comply with this subsection. The minimum damages are to be $50 per calendar day up to 10 days, the calculation to begin on the 11th business day after receipt of the written request.

Why would they not want a member to have access?
RogerB
(Colorado)

Posts:5067


08/03/2009 10:24 AM  
Posted By AlexL1 on 08/03/2009 7:11 AM
Some homeowners have asked for a copy of the Minutes of the meeting. Is this legal that Minutes can be given out to anyone?


Yes, the minutes can and should be made available to any homeowner. We do this all the time via newsletter, website, and email.
SusanW1
(Michigan)

Posts:5202


08/03/2009 10:46 AM  
Being "available" and "published" is not the same thing. Neither is "providing" minutes the same as "made available."

Members shold make an appointment with the secretary and tell him/her the dates of the minutes (or any other records) they want to see, inspect them and then request copies (which they may be charged for)

Out of respect for the Secretary, that's the least I would do (make appointment and tell him/her exactly what i needed BEFORE I came)


DonnaS
(Tennessee)

Posts:5671


08/03/2009 10:59 AM  

Susan,

Alex is in Florida where the Statutes requires a request to view or copy records be IN WRITTING. The request must be fulfilled within 10 days of reciept.
SusanW1
(Michigan)

Posts:5202


08/03/2009 11:08 AM  
My point exactly - the 10 days is, in effect, like setting up an appointment to get the material. No one should expect to crash in on the secretary and demand to see records.

The "anyone" in the OP's first post should refer to Members only, too.

Charitable non profits must open their records to the public, but not private non profits.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Who Can Get Minutes of a HOA Meeting



Get 1 year of free community web site hosting from Community123.com!

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