Are Association Minutes Complete?
How does the Summit's HOA do with Minutes of meetings?
The Minutes of monthly Board of Directors meetings do get published on the HOA's website. Sometimes within two weeks of a meeting; sometimes a little longer after a meeting.
How about Minutes of pre-board meetings of the Board of Directors? Those meetings are held a week before a monthly Board meeting. Are Minutes recorded for those meetings? If so, they are never published where Members can easily view them.
Meetings of pre-board meetings should be published, because the Board does make decisions at the private, closed, pre-board meetings. Examples:
- The decision to post No Guns signs on the gate to the office and pool (May 2023?);
- To disapprove the original 2025 Budget presented by the Finance Committee, which was based on a $50.00 increase in Annual Assessment;
- To deny a much-needed Assessment increase (October 2024).
Are Minutes kept of Committee meetings?
- Safety Committee?
- Finance Committee?
- Covenants Committee?
- Modifications Committee?
- Contracts Committee?
The Minutes of all these Committees are essential to continuity of the committees. Members and chairs come and go. Records should be on file in Minute Books in the HOA's office.
There are no Minutes kept of the most-important HOA meeting every November. That is the Annual Meeting of Voting Members, at which three (or four) Directors are elected.
No HOA record is kept of
- who conducted the meeting (the President of the HOA (he didn't at the 2024 Meeting);
- who kept the records (the Secretary of the HOA?);
- the names of Voting Members who attended and voted;
- whether they were certified as legitimate, duly-elected Voting Members;
- whether a quorum was present;
- who the candidates were;
- who was elected.
Can you inspect the Minutes?
Yes. The By-Laws (Art. VI, §4 Books and Records (a) Inspection by Members and Mortgagees) give you the right (not privilege) to inspect them.
(a) Inspection by Members and Mortgagees. The Declaration, By-Laws and Articles of Incorporation, any amendments to the foregoing, the rules and regulations of the Association, the membership register, books of account, and the minutes of meetings of the Members, the Board, and committees shall be made available for inspection and copying by any holder, insurer or guarantor of a first Mortgage on a Unit, Member of the Association, or by the duly appointed representative of the foregoing, at any reasonable time and for a purpose reasonably related to his or her interest in the Unit at the office of the Association or at such other place within the Properties as the Board shall prescribe.
Don't let the HOA try to charge you. Tell them you wish to inspect the Minutes. If you ask them to make you a copy, they will charge you. Ask how much before you request a copy.
The office tried to charge me up to $265 for a copy of the 2022 Annual Audit, which should have been posted to the website. I refused to pay. Then they tried to charge me a $125/hour "babysitting fee" to watch me read the Audit, and I refused to pay that.
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