Board meeting minutes

Started by MarieL • 6 replies • 2085 views

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MarieL (Illinois)
Posts: 82

Posted:

I live in a common interest community in illinois. My question. is the board required to circulate minutes of board meetings to homeowners or it is circulating them just a "courtesy" or " favor" to them.
Thank you for your responses...
?

SusanW1 (Michigan)
Posts: 5,202

Posted:

Not "required" but the board should always let the HOA know:
what is going on
what they are doing about it
what's the plan for the future
how can they get there.

RobW (California)
Posts: 279

Posted:

I'll speak for California, but I'm fairly certain this hold's true across the U.S.: All minutes, with the exception of executive session minutes, must be made available to the homeowners. In California, the association is required to disclose in the annual meeting package any time a general mailing goes out to the membership:

At the time the association distributes its annual budget to the members, or at the time of any general mailing to the entire membership of the association, the board must advise members, of their right to minutes of the director's meetings and how and where those minutes may be obtained.

Read more: Annual Minutes Disclosure

In my case, we simply upload the minutes to the association website each month, available to all for download as PDFs.

Rob

PeterD3 (Florida)
Posts: 708

Posted:

Yea, In Fla. no requirement to circulate or publish & distribute but they must be kept on file for 7 years (minimum) and be available to member inspection upon written request within 10 days or face fines.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Within your state statutes:
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=076501600HArt%2E+1&ActID=3273&ChapterID=62&SeqStart=100000&SeqEnd=1850000

In this section the following is stated:

(i) Board records.
(1) The board shall maintain the following records of the association and make them available for examination and copying at convenient hours of weekdays by any unit owner in a common interest community subject to the authority of the board, their mortgagees, and their duly authorized agents or attorneys:

(iii) The minutes of all meetings of the board which shall be maintained for not less than 7 years.

TimB4 (Tennessee)
Posts: 21,059

Posted:

IL HOA laws are limited. However, since most Associations are incorporated, corporation laws would apply.

IL General Not for Profit Corporation Act of 1986. Section 107.75 gives members the right to inspect the records of the Corporation. Therefore, if your Association is incorporated under this act, this section would apply.

This does not mean that the HOA must circulate copies to the entire membership. It means that any member who requests to view the minutes are entitled to do so. The Association may also charge a reasonable fee for copies.

Based on what you posted, it sounds like both sides are correct. You have a right to view the minutes but the Board is correct in the fact that they are not required to post those minutes or circulate copies to the membership. However, if you ask to see them, they have to make arrangements for you to do so - Providing that your Association is incorporated under this act.

Check your Articles of incorporation to be sure.

Tim

CarolR11 (Colorado)
Posts: 2,563

Posted:

Probably as in Calif., a member wouldn't be able to read the minutes until they've been approved by the board. In our HOA, minutes of board meetings are approved at the next meeting about a month later.They go on our website a day later. Our law also allows members, however, to review the draft minutes 30 days after the meeting in question.

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