Minutes and treasurer reports

Hi Marie:

Were they submitted via paper or via electronic? It might be that the board is looking at costs (most are at this time due to economy) and have eliminated providing monthly to save money. An owner has the right to request and be provided with certain information, so if you want to review or have a copy of the records then I would suggest a polite request (but can be reasonably charged for the copies).

Here is a link to your states common interest ownership act and which states in part:

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

(765 ILCS 160/1-30)
Sec. 1-30. Board duties and obligations; records.

(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:

(i) Copies of the recorded declaration, other community instruments, other duly recorded covenants and bylaws and any amendments, articles of incorporation, annual reports, and any rules and regulations adopted by the board shall be available. Prior to the organization of the board, the developer shall maintain and make available the records set forth in this paragraph (i) for examination and copying.

(ii) Detailed and accurate records in chronological order of the receipts and expenditures affecting the common areas, specifying and itemizing the maintenance and repair expenses of the common areas and any other expenses incurred, and copies of all contracts, leases, or other agreements entered into by the board shall be maintained.

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

(iv) With a written statement of a proper purpose, ballots and proxies related thereto, if any, for any election held for the board and for any other matters voted on by the unit owners, which shall be maintained for not less than one year.

(v) With a written statement of a proper purpose, such other records of the board as are available for inspection by members of a not-for-profit corporation pursuant to Section 107.75 of the General Not For Profit Corporation Act of 1986 shall be maintained.

(vi) With respect to units owned by a land trust, a living trust, or other legal entity, the trustee, officer, or manager of the entity may designate, in writing, a person to cast votes on behalf of the unit owner and a designation shall remain in effect until a subsequent document is filed with the association.

(2) Where a request for records under this subsection is made in writing to the board or its agent, failure to provide the requested record or to respond within 30 days shall be deemed a denial by the board.

(3) A reasonable fee may be charged by the board for the cost of retrieving and copying records properly requested.

(4) If the board fails to provide records properly requested under paragraph (1) of this subsection (i) within the time period provided in that paragraph (1), the unit owner may seek appropriate relief and shall be entitled to an award of reasonable attorney's fees and costs if the unit owner prevails and the court finds that such failure is due to the acts or omissions of the board of managers or the board of directors.

Marie,

As an HOA, Common Interest Community Association Act.

Additionally, if your Association is incorporated as a nonprofit corporation, IL General Not For Profit Corporation Act of 1986 would need to be complied with.

I could not locate anywhere within these documents that required the board to print and mail copies of meeting minutes and/or treasurers report to every member. Therefore, unless your governing documents require this to happen, your board has the option of continuing that practice or not. Note: A member does have a right to inspect these records but the member must initiate the request and (if asking for copies) may be charged a reasonable fee to cover costs of the inspection.

Based on what you posted, I agree that the Association has created the perception of hiding something. However, perceptions are not always correct. It could be as simple as the Board trying to cut down on expenses by minimizing the printing and mailing costs.

Have you asked the Board why they quit doing this?

Tim

@ Bonnie,

We post the approved minutes and all attachments on the Association web site as a courtesy.

John ... best method is to consider having a HOA website. Any and all items can be posted as needed for members to review. This reduces costs of paper, printing, postage, etc. Otherwise in most states HOA's are required to provide annual information or members can request hard copies as desired.

Marie,

perhaps you can offer your services to maintain the website and post that information there.
Since most things are menu driven anymore, it's easier to create and maintain a site than it use to be.

Tim

John:

Unless you send out via US mail, Email, or hand deliver about the only other method I can think of would be to have in a common area an enclosed posting board. I would recommend one which opens and closes via clear door with a key to keep garbage from being posted on it by just anyone.

I would respectfully disagree in that if done correctly the Non-Profit Corporation owns the corporate asset. This then gives the corporation and corresponding directors the legal authority regarding said asset.

Hijacking comes into play when an individual member puts the asset in their personal name. In which case they would legally own and can do with it as they please.

LOL ... having said that the next time you have a question you potentially should start your own thread. Asking a question on someone else's thread is considered "hijacking".