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ReneeD (Illinois)
Posts: 201
Posted:
How long are Meeting Minutes kept and, who actually is responsible for holding on to these documents?

We have recently learned that in the past 5 years almost half of our Meeting Minutes are MIA.

Would the current Board have any recourse and, what might that be? Thanks. -Renee
DennisT (Ohio)
Posts: 109
Posted:
Meeting minutes represent the officials acts of the association and are retained indefinitely.

Generally the secretary is responsible for maintaining the records of the association. Most Bylaws will state that the secretary "shall maintain the association records" or some similar language. As a practical matter though physical custody of association records is often delegated to the management company since they a) have a meed to access the records frequently, b) generate many other association records during the course of business, and c) have the facilities and wherewithal to store the records.

That's OK so long as there's a written agreement that if the association and management company ever part ways the complete records will be returned promptly and without additional expense. That being said all board members should have copies of critical documents, including meeting minutes.

In your case unfortunately there probably isn't any real recourse to the current Board. You can ask around, check with the previous board members property managers, etc. At the end of the day though if the records don't exist then they don't exist. The only thing you can do is fastidiously maintain the records going forward and hope the association isn't dragged into a situation in which the older minutes are essential.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Renee,

If your incorporated, it would depend on you States corporation laws. In VA they are required to be kept forever. That said, we went through a similar issue, The secretary moved and no records were ever turned over. Requests were met with zero responses. As Dennis had suggest for you, we contacted all past and current members of the board and were able to rebuild our minutes for the past 4 years with spotty records for the 20 years before that.

The board incorporated a records policy and can only move forward. Document the loss in your minutes and the attempts you used to recover. Then move forward.

Tim

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