Rent Real EstateMinding The Minutes at HOA Meetings
The recording of minutes is an issue that often causes confusion. How much,
how little and how long? Should each and every word be reflected in this
document? Should a homeowner tirade at a board meeting be included? What if
someone requests that their statement be placed in the minutes "for the
record"?
The purpose of minutes is to objectively record business that takes place at
homeowner, board and committee meetings. Brevity should be the rule. At a
minimum, the minutes should include:
1. Type of meeting (member/board/committee)
2. Place where meeting held and time started
3. Persons present
4. Reports given (financial, landscape)
5. Motions, who moved, who seconded and if carried
6. Description of tabled items
7. Time meeting adjourned.
If a homeowner forum is included as part of the board meeting, each speaker
and their subject matter should be noted in the minutes. Entering
"statements" into the record is not appropriate.
A board members" request that their vote be reflected in the minutes ("yes",
"no" or "abstain"), usually as a result of a highly controversial motion or
a conflict of interest, is appropriate because of personal liability.
To protect the board members and association from libel, the minutes should
not include the names of members who violate the rules or are delinquent in
assessments. Only the subject matter or dollar amount should be referenced.
If disciplinary action is being taken for a rule violation, the minutes may
reflect the address and the general nature of the violation and the action
taken: "Management was directed to start parking violation proceedings at
123 Easy Street."
The board may hold a private "executive session" to discuss threatened or
pending litigation matters, personnel matters (hiring/firing), formation of
contracts, member discipline, and other similarly sensitive topics. For
liability reasons, the minutes should only reflect the general nature of the
discussion. For example: "The board held an executive session to discuss a
pending foreclosure action. The board approved proceeding as recommended by
the attorney."
If a letter from an attorney is discussed, the minutes should not repeat the
advice in the letter as such falls within the attorney-client privilege. The
minutes may note, for example, "After reviewing correspondence from legal
counsel, the board moved and seconded to direct AAA Plumbing to repair the
pipe in the wall between Unit 19 and 20." Discussions with attorneys present
at the meeting are privileged and the specifics should not be discussed in
the minutes.
Association minutes should not be used to air grievances, opinions or other
speculative statements regarding association matters. Stick to the facts of
the business discussed.
In summary, minutes should be a concise, objective summary of the business
that was conducted, and free of privileged matters. When writing them,
remember that they will likely be read by people that were not present at
the meeting so while they need to be concise, they also need to have enough
information so they are clear. Mind your minutes well. They are an
historical record that should reflect serious and thoughtful purpose.
For more information on this subject, see www.Regenesis.net.