💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

ShirleyC (California)
Posts: 117
Posted:
What is the proper/legal time limit and procedure for providing the minutes to the owners/members. Can they be apporved and distributed at the next quarterly board meeting?

TimB4 (Tennessee)
Posts: 21,059
Posted:
Shirley,

Davis-Stirling.com is an excellent site for information.

Here is the link to the Davis-Stirling.com welcome page. Using the menu system on the left side of the page one can be quickly taken to many topics.

To answer you specific questions:

Per Davis-Stirling's page on minutes draft minutes of any meeting must be available 30 days after the meeting.

Here is the link to the sites, menu page about minutes.

Per CA law, Associations must respond to requests from members within the time frames identified within the davis-stirling act. Per that act:

Associations must produce records within the following time frames:

* minutes of member and board meetings, within the time frame specified in Civil Code §1363.05(d)., i.e., 30 days (Civil Code §1365.2(j)(1));
* minutes of committees with decision making authority for meetings commencing on or after January 1, 2007, within 15 calendar days following approval (Civil Code §1365.2(j)(5));
* records for the current fiscal year, within 10 business days receipt of the request (Civil Code §1365.2(j)(1));
* records for the previous 2 fiscal years, within 30 calendar days receipt of the request (Civil Code §1365.2(j)(2));
* any record or statement available pursuant to Civil Code §1365 (budget, reserves, lien policies, insurance, financial statement, etc.) or Civil Code §1368 (governing documents, assessments, violations, construction defects, etc.), within the time frame specified;
* membership list, within the time frame specified in Corp. Code 8330, i.e., 5 business days (Civil Code §1365.2(j)(6)).

Here is a link to the davis-stirling.com page that had that information.

Please Note: A request for information is not the same as a request for records. Therefore, if your asking for what happened about abc, the time frames above would not apply. However, if you were to ask for the minutes and all attachments to the minutes from mm/dd/yyyy the time limit would apply.

Tim

TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By ShirleyC on 08/11/2011 1:25 PM
Can they be approved and distributed at the next quarterly board meeting?

I'm sorry, I forgot to respond to this question.

Providing that the draft minutes are available to anyone who requests them (and supplied to those member who are requesting them within the time line), the actual distribution to the general membership or the publishing of them on a web site, can wait until the Board deems it appropriate.

Typically, minutes of one meeting are approved (or amended and approved) at the following meeting.

CarolR11 (Colorado)
Posts: 2,563
Posted:
I was all set to copy the davis-sterling.com materials here, and Tim beat me to it!

Because "mailing" is in in your topic line, Shirley, do note that there's no requirement that draft minutes/minutes be mailed to the membership. Our PM posts ours on our web site, and I summarize them each month in my "President's Message" in our newsletter
JenniferM10 (Illinois)
Posts: 97
Posted:
As a resident, I do sometimes wish that at least part of Davis-Sterling applied to all HOA's throughout the country. I'm not on the BOD here, and to get the meeting minutes I have to email the PM's Assistant, and she will only send me the minutes only after they've been approved at the following months meeting.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
That sounds typical and makes sense. IF there are only open board meetings and they happen once a month, then the previous month's meeting notes couldn't possibly be approved until the next month's meeting. Unless you want to say the BOD is doing stuff behind your back...An Open Board meeting with all the members is when business is taken care of. Of course there are behind the scenes actions that are operational in nature. That is why the BOD was elected to handle issues for the general membership. Those actions would be noted until that month's meeting.

So if your not happy that your not getting unapproved minutes from a meeting soon after the meeting happens, then you should have attended that meeting. Otherwise, you have to wait the month till the next meeting for the board to approve those meeting notes...

Former HOA President
JenniferM10 (Illinois)
Posts: 97
Posted:
The real issue is that I have to ask for them. It's not always possible for me to attend the monthly meetings.

Frankly, I think this one of the places where Robert's Rules falls on its face. In this day of electronic communication there should be no reason why minutes couldn't be approved via email so that the community can have up-to-date information.

It would be nice if my BOD would publish them to our website, which was done in the past, but is not done now. I did it for them for two years. I won't hijack this thread by going into why I stopped doing it, but the fact that it isn't done by anyone, even a paid service like they did before I volunteered, makes it difficult to stay informed.
SusanW1 (Michigan)
Posts: 5,202
Posted:
The board can send out a newsletter or publish on the web a meeting summary at any time. That's not the same as minutes.

Motions passed at a meeting that affect the homeowners finanically or other important ways should be noticed to the members asap.

Still, the minutes must be approved by the board to be the "official" business of the HOA.

You are not getting the "news" any faster than anyone else. It's not official until they've been approved.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
I just think your issue of the timeline is a bit off. Like I stated before, OFFICIAL business is conducted at OPEN meetings. Those meetings only happen ONCE a month. Which means ALL the issues and approvals are done MONTHLY. Yes, it is the "electronic age" and it should be available soon after the meeting. However, if there is no meeting after the minutes are drawn up to be approved, then how can they be official until the next month's meetings?

Otherwise, approval of the minutes would happen behind closed doors. Which would open up another can of worms for everybody...A meeting summary and business handled at hand would be good to provide. However, actual approved minutes will just have to wait.

Former HOA President
RichardP13 (California)
Posts: 1,767
Posted:
Approval of the minutes is only approving the document or recording of said minutes, which generally will occur at the next Board meeting. The approval of an item on the agenda generally will take place immediately to shortly after the vote and approval is given.

So to Susans point, there should not be an issue with informing the membership via a newsletter or website what the Board is taking action upon, based on the items approved at the last, noticed, open meeting.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here