Understanding and adhering to HOA meeting minutes rules is essential for any HOA. Meeting minutes are a crucial part of operations. They serve as a record of decisions made and actions taken. Not all communities, though, know how to take them properly.
HOA Meeting Minutes Rules
Meetings are a normal part of running a homeowners association. They come in several forms, including annual meetings, regular board meetings, and executive session meetings. One thing that all these meetings have in common, though, is the need for meeting minutes.
Meeting minutes are a vital documentation method. They help associations keep a record of things that happened, actions that were taken, and decisions that were made at a particular meeting. Most of the time, it is even a requirement to take meeting minutes in an HOA. In California, Corporations Code Section 8320 details this requirement.
Beyond the obligation to take minutes, though, there are also certain rules that associations must keep in mind. Here are the most important HOA meeting minutes rules.
1. Follow State Laws and Governing Documents
Every HOA operates under a set of state laws and governing documents. These include the association’s bylaws and covenants, conditions, and restrictions (CC&Rs). These documents often specify the HOA board meeting minutes legal requirements.
It is imperative to review and adhere to these regulations to ensure compliance. For instance, some states may require that meeting minutes be made available to members within a specific time frame, while others might stipulate the level of detail required in the minutes.
2. Keep It Brief and Concise
Effective HOA meeting minutes should be brief and concise. The goal is to capture the essence of the meeting without sharing unnecessary details.
Minutes should include key points such as the date and time of the meeting, attendees, major decisions made, action items, and any votes taken. Avoid recording every word spoken. Minutes are not a play-by-play of the meeting. Instead, it is best to focus on summarizing discussions and decisions in a clear and concise manner.
3. Maintain Professionalism
Professionalism is crucial when documenting HOA meeting minutes. The taker should adopt a neutral and objective tone, being careful to avoid any personal comments, opinions, or biases.
It is also important to follow the HOA minutes rules regarding the format and style of the minutes. Using a consistent format helps maintain clarity. This, in turn, ensures that members can easily read and understand the contents of the document.
4. Work Promptly
Timeliness is key when it comes to preparing and distributing meeting minutes. Ideally, the taker should draft the minutes and review them shortly after the meeting concludes. This is best since the details of the meeting are still fresh.
Promptly working on the minutes ensures accuracy and allows the board to distribute them to members in a timely manner. When this happens, the board can foster transparency and keep everyone in the loop.
Some associations may opt to use recording devices to help keep details consistent. However, recording a meeting and its attendees may not always be permissible. An HOA board should first confirm with state laws and its governing documents to see if it is allowed. When in doubt, it is a good idea to seek advice from a lawyer.
5. Seek Approval
Before finalizing the meeting minutes, the board should review and approve them. This step is essential to ensure that the minutes accurately reflect the discussions and decisions made during the meeting.
Board approval also helps in maintaining the integrity and credibility of the minutes. Typically, the approval process involves presenting the draft minutes at the next board meeting for review and any necessary amendments. Once the board sees no issue with the minutes, it can give its stamp of approval. Other HOAs, though, perform before the next meeting.
6. Retain Minutes
Retaining a copy of the meeting minutes is crucial for legal and historical purposes. The HOA board should store the minutes in a secure yet accessible location. They can do this in a physical or digital format.
Most state laws and governing documents specify a retention period, ranging from a few years to permanently. In California, Civil Code Section 5210 requires HOAs to retain minutes permanently.
7. Distribute Minutes to Members
Once approved, the HOA board should distribute a copy of the meeting minutes to all members of the community. The board can distribute meeting minutes through various means. These include email, snail mail, and posting on the association website.
It is essential to distribute meeting minutes to ensure transparency. Doing this also ensures that homeowners remain informed about the board’s decisions and actions. It helps boost engagement and a sense of community.
Furthermore, many states require it. In California, Civil Code Section 4950 states that the HOA must distribute draft minutes to members within 30 calendar days of the meeting. Alternatively, an HOA can distribute a summary of the meeting within the same timeframe.
Frequently Asked Questions
Navigating the ins and outs of HOA meeting minutes rules can come as a challenge to anyone. To help out HOA communities, here are the answers to some of the most frequently asked questions regarding meeting minutes.
What should not be included in board meeting minutes?
Board meeting minutes should avoid including personal opinions, irrelevant discussions, or detailed accounts of conversations. Instead, the minutes taker should focus on documenting decisions, action items, and any motions or votes.
It is also best to omit sensitive information, such as confidential legal or personnel matters, to protect privacy and comply with legal requirements. The Davis-Stirling Act of California has provided a copy of sample meeting minutes for easy recording.
Do all board members need to approve meeting minutes?
While it is common for the board to approve meeting minutes, it is not always necessary for every board member to individually approve them. The approval process typically involves a majority vote during a subsequent meeting. Once the majority approves, the minutes become the official record of the meeting.
Can the HOA board meeting minutes be changed?
Yes, an HOA can still amend meeting minutes if there are errors or omissions. It is crucial to make any changes in a prompt manner. These changes should also be documented clearly, with the dates and nature of the amendment stated.
It is best to make amendments to the meeting minutes before approving them. However, there may be cases wherein approved minutes must undergo edits. It is also possible to amend approved minutes. In such cases, the HOA board must re-approve the amended meeting minutes.
Should board meeting minutes be signed?
It is a good practice to have the meeting minutes signed by the person who prepared them. In any organization, the secretary usually takes on this responsibility. Apart from the secretary, another officer, typically the board president, signs the meeting minutes.
While it may seem unnecessary, signing the meeting minutes adds a layer of authenticity and authority to the document. It also serves as a way to formalize the minutes as an official record of the meeting.
What are Robert’s rules on minutes approval?
Robert’s Rules of Order, a widely used guide for parliamentary procedure, recommends that the board review and approve the minutes at the next regular meeting. During this meeting, members can propose corrections. Once any amendments are made, the minutes are approved by a majority vote. This process ensures that the minutes accurately reflect the proceedings of the previous meeting.
What happens if meeting minutes are not approved?
If the HOA board fails to approve the meeting minutes, they remain in draft form and do not serve as the official record of the meeting. This can lead to issues with accountability and transparency. It is essential for the board to address any concerns or discrepancies and seek approval promptly to avoid any problems.
Who has access to HOA meeting minutes?
All members of the association typically have access to the HOA meeting minutes. Most state laws allow homeowners to inspect and copy the association’s records. However, this typically doesn’t include the right to inspect the minutes of an executive session meeting.
Apart from state laws, the governing documents should also contain information about records inspection. There are certain procedures that an HOA must follow when it receives a request from a homeowner, though this can vary from one association to another.
Can HOA meeting minutes be used in court?
Yes, HOA meeting minutes can be used in court as evidence. They serve as a legal record of the board’s actions and decisions. They can play a critical role in resolving disputes or legal challenges.
Thus, it is essential to ensure that minutes are accurate, objective, and professionally prepared. This way, they can prove useful in a lawsuit and withstand scrutiny.
The Bottom Line
Adhering to HOA meeting minutes rules is vital for effective governance and transparency within a homeowners association. Properly documented and managed meeting minutes help foster a sense of community, accountability, and trust among HOA members. This contributes to the smooth and efficient operation of the association.
Personalized Property Management offers expert management services to HOAs and condos in Southern California. Call us today at 760-325-9500 or email us at info@ppminternet.com to learn more!